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March 24, 2023 by Gary Price

Judge Issues Opinion in Hachette Book Group, Et Al v. Internet Archive, Et Al; Plaintiffs Motion For Summary Judgment Granted

March 24, 2023 by Gary Price

We Will Be Updating this Post with Media Reports, Statements, Analysis, etc. as They Become Available

UPDATE–July 28, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener
  • Extension Order (NOTE: Judge writes “no further extensions”)

UPDATE–Court Filing–July 13, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–June 22, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–June 8, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–May 25, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–May 11, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–April 26, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–April 18, 2023

  • Parties Ask Judge For Another Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–April 13, 2023

  • Parties Ask Judge For Five Day Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  • Extension Order

UPDATE–Court Filing–April 5, 2023

  • Both Parties Ask Judge For One Week Extension to Submit Joint Procedure Proposal (via RECAP/CourtListener)
  •  Extension Order (April 7, 2023)

—– 

Statements

Association of American Publishers

  • Publishers Prevail in Summary Judgement Against Internet Archive for Copyright Infringement
  • Reflections From the Association of American Publishers on Hachette Book Group v. Internet Archive: An Affirmation of Publishing (5/31)

Authors Alliance

  • Judge Rules Against Internet Archive on Controlled Digital Lending

Authors Guild

  • Authors Guild Celebrates Resounding Win in Internet Archive Infringement Lawsuit

EveryLibrary

  • Statement on Internet Archive Ruling

Fight For the Future

  • Statement on Internet Archive’s Plan to Appeal Lower Court Ruling Against Libraries’ Rights to Own and Preserve Digital Books

Information Technology & Innovation Foundation (ITIF)

  • Court’s Rejection of the Internet Archive’s Excuse For Pirating E-Books is a Victory for Copyright

Internet Archive

  • The Fight Continues
  • Tweet From Internet Archive: We Will Appeal

Library Futures

  • Toward a Cooperative Vision: Library Futures’s Response to the Hachette v Internet Archive Summary

Princeton University Press

  • Hachette Book Group v. Internet Archive Ruling

Public Knowledge

  • Public Knowledge Disappointed in Decision Restricting Ability of Libraries to Lend Books

Media Reports

  • Ars Technica: “Publishers Beat Internet Archive as Judge Rules e-book Lending Violates Copyright” (1485 words) 
    Associated Press: “Judge Rules Online Archive’s Book Service Violated Copyright” (494 words)
  • Bloomberg Law: “Internet Archive Loses Suit Over E-book Lending, Covid Library” (Subs Only)
  • CBS News: “Judge Rules Online Archive’s Book Service Violated Copyright” (500 words)
  • Columbia Journalism Review: “When is a Library Not a Library? When It’s Online, Apparently.” (1585 words)
  • Courthouse News: “New York Federal Judge Shoots Down Online E-Book Lending” (716 words)
  • Gizmodo: “A Blow for Libraries’: Internet Archive Loses Copyright Infringement Lawsuit” (558 words)
  • Inside Higher Ed: “Legal Blow to Internet Archive, Controlled Digital Lending” (1936 words)
  • KQED: “SF-Based Internet Archive Is Fighting a Ruling That Could Change the Future of Digital Libraries” (about 1800 words)
  • Law360: “Internet Archive Has No Right To Scan, Lend Ebooks” (Subs Only)
  • Library Journal: “Judge Rules Against Internet Archive in Open Library Project Suit” (1324 words)
  • Marketplace: “The Internet Archive Lawsuit Highlights the Tricky Economics of E-Books and Libraries” (1035 words)
  • Mashable: “Internet Archive Loses First Ruling In Copyright Lawsuit” (361 words)
  • NPR: “A Judge Sided With Publishers in a Lawsuit Over the Internet Archive’s Online Library” (460 words)
  • Publishers Weekly: “In a Swift Decision, Judge Eviscerates Internet Archive’s Scanning and Lending Program” (1495 words)
  • Publishing Perspectives: “Copyright: US Court Rules Against Internet Archive” (1645 words)
  • Reuters: “Internet Archive’s Digital Book Lending Violates Copyrights, US Judge Rules” (333 words)
  • Rolling Stone: “Internet Archive Loses First Battle in Publishers’ Copyright Infringement Lawsuit” (549 words)
  • The Atlantic: “Libraries Need More Freedom to Distribute Digital Books” (1644 words)
  • The Scholarly Kitchen: “The Internet Archive Loses on Controlled Digital Lending” (2353 words)
  • The Verge: “The Internet Archive Has Lost Its First Fight to Scan and Lend E-Books Like a Library” (588 words)
  • Vice: “Internet Archive Loses Historic Copyright Case, Vows to Appeal” (1168 words)
  • Wall Street Journal: “Publishers Win Ruling Against Online Library’s Lending of Digital Books” (Subs Only)
  • WIRED: “The Internet Archive’s Literary Civil War” (1200 words)

    The Internet Archive has lost its first fight to scan and lend e-books like a library

Updated: April  5, 2023; 2:20 PM Eastern

—End Updates—


From the Opinion & Order:

…the plaintiffs’ motion for summary judgment is granted, and the defendant’s motion for summary judgment is denied.

Here is the Complete First Page of the Opinion and Order:

and the Conclusion of the Opinion/Order:

Direct to Complete Document (47 pages; PDF)

Direct to Complete Case Docket

 

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

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About Gary Price

Gary Price (gprice@gmail.com) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. He earned his MLIS degree from Wayne State University in Detroit. Price has won several awards including the SLA Innovations in Technology Award and Alumnus of the Year from the Wayne St. University Library and Information Science Program. From 2006-2009 he was Director of Online Information Services at Ask.com.

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