Motions, Supporting Documents For Summary Judgment Filed by Publishers and Internet Archive (Hachette Book Group, Inc. et al. v. Internet Archive)

UPDATE October 11 Publishers File Final Brief Supporting Summary Judgement in Case Against Internet Archive for Blatant Scanning and Distribution of Literary Works on Industrial Scale (via AAP)

UPDATE October 10, 2022 Publishers, Internet Archive Ready for Summary Judgment Hearing in Book Scanning Case (via PW)

UPDATE October 7, 2022 Internet Archive Files Final Reply Brief in Lawsuit Defending Controlled Digital Lending (via IA)

Direct to Complete Case Docket/Filings

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Selected Filings

UPDATE (September  2, 2022) Plaintiffs’ Memorandum of Law in Opposition to Internet
Archive’s Motion for Summary Judgment

UPDATE (September  2, 2022) Internet Archive Files Brief in Opposition of Publisher Lawsuit (via IA)

UPDATE (August 12, 2022) The Authors Guild, Canadian Authors Association, National Press Photographers Association, Association Of Authors Agents, and Other Organizations File Amicus Curiae Brief (Proposed)

UPDATE (August 11, 2022) International Publishers Association, Federation of European Publishers, and Other International Organizations File Amicus Curiae Brief

UPDATE (July 15, 2022) Plaintiffs’ Opposition to Requests of Michelle Wu, Library Futures, the Authors Alliance, and Jason Schultz for Leave to Appear as Amici Curiae

UPDATE (July 14, 2022) Six Amicus Curiae (Friend of the Court) Briefs Were Filed Today in Support of the Internet Archive

• Amicus Curiae Brief of Michelle M. Wu
• Brief of Intellectual Property Law Professors
• Brief of Library Futures Institute, EveryLibrary Institute, and ReadersFirst
• Brief of Authors Alliance
• Brief of 17 Copyright Scholars
  
• Brief of Kenneth D. Crews and Kevin L. Smith (7/15 Filing)

Direct to Complete Case Docket/Filings

Media Coverage: Internet Archive Draws Support In Battle Over Digital Book Loans (via MediaPost)

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UPDATE (July 8, 2022), 12:30 PM: At the bottom of this post you will now find statements from the AAP and EFF re: today’s news along with coverage from Publishers Weekly.

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In June, we learned that both the publishers group (Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc. and Penguin Random House LLC) and the Internet Archive and would be seeking summary judgment in the Hachette Book Group, Inc. et al. v. Internet Archive lawsuit.

Yesterday, motions and supporting documents (declarations, exhibits) were filed. these materials are now available online via the CourtListener’s case docket (free) and/or PACER.

The documents are dated July 7, 2022 (entries 90-111 on the docket).

Direct Links to Six Key Documents

Plaintiffs

• Notice of Motion of Plaintiffs Hachette Book Group, Inc., Harpercollins Publishers Llc, John Wiley & Sons, Inc. And Penguin Random House Llc for Summary Judgment
  3 pages; PDF.
• Rule 56.1 Statement Of Material Facts As To Which There Is No Genuine Issue To Be Tried In Support Of Plainitffs’ Motion For Summary Judgment
  111 pages; PDF.
• Plaintiffs’ Memorandum of Law of in Support of Their Motion for Summary Judgment
  49 pages; PDF.

Internet Archive

• Defendant Internet Archive’s Notice of Motion for Summary Judgment
  4 pages; PDF.
• Defendant Internet Archive’s Rule 56.1 Statement of Material Facts in Support of Its Motion for Summary Judgment
  26 pages; PDF.
• Memorandum of Law in Support of Defendant Internet Archive’s Motion for Summary Judgment
  45 pages; PDF

Statements and Media Coverage

Statement: Creative Commons Supports Internet Archive’s Efforts to Ensure Public Access to Books

Statement: Internet Archive Seeks Summary Judgment in Federal Lawsuit Filed By Publishing Companies (via EFF)

Statement: Publishers Seek Summary Judgment Against Internet Archive for Blatant Scanning and Distribution of Literary Works on Industrial Scale (via Association of American Publishers)

Media Coverage: Publishers, Internet Archive File Dueling Summary Judgment Motions in Scan Suit (via PW)

We will update this post with additional statements, reports, etc. when they become available.

See Also: Additional Documents and Media Coverage

Hachette Book Group, HarperCollins, Penguin Random House, and Wiley File Copyright Infringement Lawsuit Against Internet Archive (June 1, 2020)

Filed under: Associations and Organizations, Companies (Publishers/Vendors), Digital Preservation, Libraries, News, Publishing, Reports