Case Over: Internet Archive Decides Not to Pursue Supreme Court Review in Copyright Lawsuit (Roundup of Statements and Media Reports)

• Statement From Internet Archive

While we are deeply disappointed with the Second Circuit’s opinion in Hachette v. Internet Archive, the Internet Archive has decided not to pursue Supreme Court review. We will continue to honor the Association of American Publishers (AAP) agreement to remove books from lending at their member publishers’ requests.

We thank the many readers, authors and publishers who have stood with us throughout this fight. Together, we will continue to advocate for a future where libraries can purchase, own, lend and preserve digital books.

• Statement From Association of American Publishers

Today, the Association of American Publishers announced the final resolution of Hachette Book Group v. Internet Archive, after Internet Archive declined to file a cert petition with the U.S. Supreme Court by the December 3, 2024 deadline. We are pleased that the Second Circuit’s September 4, 2024 opinion stands as the eloquent legal ending to this case, as it draws extensively on Supreme Court precedent and will be broadly impactful to other controversies, including artificial intelligence cases.

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Meanwhile, the Internet Archive’s legal battles are not quite over. The IA is facing a similar, follow-on suit filed by a group of major record labels over its “Great 78” program, which collects vintage 20th century 78 RPM recordings, digitizes them, and makes them freely available to the public.

Read the Complete Statement

Update (December 5, 2024)

• Coverage From Publishers Weekly

After more than four years of litigation, a closely watched copyright case over the Internet Archive’s scanning and lending of library books is finally over after Internet Archive officials decided against exercising their last option, an appeal to the Supreme Court. The deadline to file an appeal was December 3.

With a consent judgment already entered to settle claims in the case, the official end of the litigation now triggers an undisclosed monetary payment to the plaintiff publishers, which, according to the Association of American Publishers, will “substantially” cover the publishers’ attorney fees and costs in the litigation.

Read the Complete Article

• Coverage From The Bookseller

The organisation is bound by a permanent injunction and must “substantially” compensate AAP.

Read the Complete Article

• Coverage From Publishing Perspectives

Some of Our Previous Coverage

• Second Circuit Court of Appeals Affirms District Court Ruling in Hachette v. Internet Archive
•  Internet Archive Fights to Preserve Digital Libraries in Second Circuit Hearing (June 28, 2024)
• Joint Proposal For Next Steps in Hachette et al v. Internet Archive Case Submitted Today
• Judge Issues Opinion in Hachette Book Group, Et Al v. Internet Archive, Et Al; Plaintiffs Motion For Summary Judgment Granted
• Hachette Book Group, HarperCollins, Penguin Random House, and Wiley File Copyright Infringement Lawsuit Against Internet Archive (June 1, 2020)

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