May 24, 2022

"HathiTrust and the Litigation Path" by Kenneth Crews

“HathiTrust and the Litigation Path”
by Kenneth Crews, Columbia Copyright Advisory Office

From the Intro:

“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.”

Direct to Full Text

About Gary Price

Gary Price ( is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at, and is currently a contributing editor at Search Engine Land.