May 22, 2022

Internet Archive Requests Pre-Motion Discovery Conference in Publisher Lawsuit (Hachette Book Group, Inc. et al. v. Internet Archive)

UPDATE: November 3, 2021 Publishers File Response in Opposition to Internet Archive Request For Pre-Motion Discovery Conference

—End Updates—

The request by the Internet Archive for a pre-motion discovery conference was made in a letter sent to Judge John G. Koeltl earlier today (October 29, 2021).

From the Letter:

Pursuant to Local Civil Rule 37.2, Defendant Internet Archive respectfully requests a pre-motion discovery conference regarding a motion to compel Plaintiffs and the Association of American Publishers (“AAP”) to produce responsive documents they are withholding based on assertions of attorney-client privilege, the common interest exception, and the First Amendment privilege.

This dispute concerns documents (i) responsive to the Internet Archive’s requests for production served on Plaintiffs and (ii) responsive to the Internet Archive’s subpoena served on the AAP. These withheld documents are critical to the Internet Archive’s fair use defense—specifically the fourth factor, market harm.

The complete letter runs 3 pages and is accessible via CourtListener.

Direct to Complete Case Docket

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.