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."

Start Nears on Plan to Combat Online Infringement; New York Times, 10/18/12

Ben Sisario, New York Times; Start Nears on Plan to Combat Online Infringement: "Last year, five major Internet service providers and the big entertainment trade organizations announced a joint plan to fight illegal downloading through what might be called a strategy of annoyance. Instead of suing people suspected of copyright infringement, as the record labels have in the past, they would prod and poke people into good behavior through a “six strikes” system that escalate from friendly notices in their e-mail to, ultimately, throttled Internet access. Progress has been slow on the project, called the Copyright Alert System, since it was announced 15 months ago. But in a blog post Thursday, the group created to carry out the process said it would finally begin “over the course of the next two months.”"

Viacom Replays Copyright Claims In YouTube Appeal; NPR, 12/3/10

NPR; Viacom Replays Copyright Claims In YouTube Appeal:

"Viacom Inc., the owner of MTV, Comedy Central and Nickelodeon, is trying to revive a federal lawsuit that seeks more than $1 billion in damages from YouTube for showing tens of thousands of pirated video clips from its shows."

RIAA appeal in Jammie Thomas case refused, Ars Technica, 12/29/08

Via Ars Technica: RIAA appeal in Jammie Thomas case refused:

"Saying that the Eighth Circuit Court of Appeals was quite clear on the matter, [federal judge Michael] Davis refused to allow the appeal in a December 23rd order. "While Plaintiffs can point to a number of courts from other jurisdictions that have disagreed with this Court's conclusion," he wrote, "the Eighth Circuit Court of Appeals has explicitly held that actual distribution is required."

With the "interlocutory" appeal denied, the RIAA will have to wait until a final judgment has been issued before filing an appeal. That means a complete retrial first; given the RIAA's new moves toward "graduated response" deals with ISPs and the cessation of its widespread legal campaign, it's not clear that the industry will be willing to gear up for yet another high-profile trial against Thomas."

http://arstechnica.com/news.ars/post/20081229-riaa-appeal-in-jammie-thomas-case-refused.html

Appeal Is Filed in Potter Lexicon Case, New York Times, 11/15/08

Via New York Times: Appeal Is Filed in Potter Lexicon Case

http://www.nytimes.com/2008/11/15/arts/15arts-APPEALISFILE_BRF.html

RIAA Appeals Jammie Thomas Mistrial - Wired.com, 10/15/08

RIAA Appeals Jammie Thomas Mistrial:

"The Recording Industry Association of America is appealing last month's decision in the Jammie Thomas case in which a judge declared a mistrial in the nation's only RIAA file sharing case to go to trial.

On Sept. 24, a Minnesota federal judge overturned a $222,000 judgment levied against the mother of three after concluding he erroneously told jurors that they could ding Thomas for copyright infringement solely for making copyrighted music available on the Kazaa file sharing network."
http://blog.wired.com/27bstroke6/2008/10/riaa-appealing.html