Association of American Publishers (AAP) Granted Declaratory Judgement in Maryland E-Book Lawsuit

UPDATE 3 (June 30, 2022): AAP Seeking $300K in Legal Fees After Winning Maryland E-book Case (via Publishers Weekly)

UPDATE 2: Judge in Maryland Strikes Down Library E-Book Law (via APNews)

Maryland U.S. District Judge Deborah L. Boardman issued her decision Monday, four months after she had enjoined the Maryland Act, writing at the time that the law’s “practical impact” would force publishers “to offer their products to libraries — whether they want to or not — lest they face a civil enforcement action or criminal prosecution.”

UPDATE: Statement From Maria A. Pallante, President and CEO of the Association of American Publishers, Regarding Final Copyright Decision in AAP. v Frosh

—End Update—

From the Order and Judgement:

For the reasons stated in the memorandum opinion issued this same date, it is this 13th day
of June 2022 hereby ORDERED:

1. The Association of American Publishers, Inc.’s request for declaratory judgment as to Count II is GRANTED, and final judgment on Count II is entered. For the reasons stated in the February 16, 2022 memorandum opinion, ECF 19, and the memorandum opinion accompanying this Order and Judgment, the Court declares that Md. Code Ann., Educ. §§ 23-701, 23-702 (the “Act”), conflicts with and [emphasis ours] is preempted by the U.S. Copyright Act, 17 U.S.C. §§ 101 et seq., and that the Act is unconstitutional and unenforceable;

2. The Association of American Publishers, Inc.’s request for a permanent injunction
as to Count II is DENIED;

3. Count I is DISMISSED as moot

Direct to Opinion (6 pages; PDF)

Direct to Order and Judgement (4 pages; PDF)

Direct to Complete Court Docket (via CourtListener)

See Also: Court Rules in Favor of Publishers in Maryland E-Book Lawsuit, Preliminary Injunction Granted (February 17, 2022)

Filed under: Companies (Publishers/Vendors), Libraries, News