“HathiTrust and the Litigation Path”
by Kenneth Crews, Columbia Copyright Advisory Office
“When parties file a lawsuit and send their case into the court system, predictions are almost always wrong, if not reckless. Yet litigation is a matter of strategic planning that demands predictions. Predictions are also a tempting parlor game, so let’s indulge a bit. “
Crews then shares four possible scenarios.
He Also Writes:
“I am not an insider or a fortune teller. But if HathiTrust is going to continue its services and have the flexibility to meet changing future needs, Hathi will have to make a strong case for the importance, the lawfulness, the reliability, and the security of its services. HathiTrust is enormously important, but I suspect the outcome of the lawsuit will not depend on either the social significance of libraries or the procedural deficiencies of the complaint. This may instead be a case about hard-core negotiations of practical rules and procedures. Hathi may have to assert its position before a judge, but more likely in tough and pragmatic settlement talks. Otherwise, negotiations taking place in a separate locked room could leave Hathi with few options.”
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