I'll share what a Harvard professor and copyright lawyer sent me in an email:
I write with a gloomy update for the Hachette v. Internet Archive appeal in the 2nd Circuit Court of Appeals: The court affirmed the lower court's decision about CDL, and ruled that Internet Archive's Open Libraires program was NOT a fair use.
One shining moment though, was that the court ruled that a "Donate Now" button does not indicate "commercial use" for purposes of the fair use argument. (Phew!)
There is more to unpack here, but we will be hosting a series of CFR talks in the coming weeks to discuss the decision and it's implications.
But it's also hard to know what contemporary economists are arguing without reading those foundational writers