Tuesday, September 12, 2023

Internet Archive Files Appeal in Copyright Infringement Case; Publishers Weekly, September 11, 2023

 Andrew Albanese, Publishers Weekly ; Internet Archive Files Appeal in Copyright Infringement Case

"As expected, the Internet Archive this week submitted its appeal in Hachette v. Internet Archive, the closely-watched copyright case involving the scanning and digital lending of library books.

In a brief notice filed with the court, IA lawyers are seeking review by the Second Circuit court of appeals in New York of the "August 11, 2023 Judgment and Permanent Injunction; the March 24, 2023 Opinion and Order Granting Plaintiffs’ Motion for Summary Judgment and Denying Defendant’s Motion for Summary Judgment; and from any and all orders, rulings, findings, and/or conclusions adverse to Defendant Internet Archive."

The notice of appeal comes right at the 30-day deadline—a month to the day after judge John G. Koeltl approved and entered a negotiated consent judgment in the case which declared the IA's scanning and lending program to be copyright infringement, as well as a permanent injunctionthat, among its provisions, bars the IA from lending unauthorized scans of the plaintiffs' in-copyright, commercially available books that are available in digital editions."

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