I'm mostly posting this for the record, though it serves as an example of the knots we can get tied into when we confuse between non-commercial entities, like charities, and non-commercial use, like personal learning. Anyhow: the Wikimedia Foundation's brief (along with Creative Commons and Project Gutenberg) "argues that the Court's interpretation of fair use could wrongly classify nonprofit secondary uses as commercial, impacting all nonprofit organizations' ability to utilize copyrighted material." I think that in the case of Internet Archive, neither the organization nor the use are commercial in nature. But U.S. courts might not be of a similar mind.
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