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

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

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

—End Update—

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.

—End Update—

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: Internet Archive Seeks Summary Judgment in Federal Lawsuit Filed By Publishing Companies

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

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

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