My issue is with the headline: "If we lose the internet archive, we're screwed." But no one is saying we're in danger of losing the entire Internet Archive.
They do many many things - most of which are not in any way affected by this lawsuit. The judge even specified that the Internet Archive can still scan and publish copies of books in the public domain.
I'll admit I didn't consider statutory damages. But the judge addresses that in his opinion. The Internet Archive argues that as a nonprofit, statutory damages shouldn't apply. Tbe judge says it's just the wrong phase of the trial for that argument altogether.
You can say there's some potential there for a worst-case scenario - but even then, we don't "lose" the Internet Archive unless they also lose on that specific point, are fined heavy statutory damages, can't pay them off or raise the money, and then cease to exist. Sure that's a bad what-if scenario. But I think it's just too early to have it in headlines.
They do many many things - most of which are not in any way affected by this lawsuit. The judge even specified that the Internet Archive can still scan and publish copies of books in the public domain.