[Ads-l] Lawsuit against the Internet Archive and Controlled Digital Lending (UNCLASSIFIED)

[Bill Mullins]

The "news" in Garson's post is that both sides have moved for summary judgment (each has asked the judge to say "you've won without having to go to trial").  Almost certainly, the judge will deny the motions of both parties and send the dispute on to trial, unless the parties settle in the meantime.
Requests like this are nearly always low probability of success, but the payoff is enough ("You've won!") that it's worth submitting the motions anyway.
The links Garson has provided are a bit one-sided in favor of the IA.  Publisher's Weekly's take is slanted more to the side of the publishers (as one might expect):
https://www.publishersweekly.com/pw/by-topic/digital/copyright/article/89806-publishers-internet-archive-file-dueling-summary-judgment-motions.html

And the EFF is on the side of the IA:
https://www.eff.org/press/releases/internet-archive-seeks-summary-judgment-federal-lawsuit-filed-publishing-companies


> In 2020 the Internet Archive announced a National Emergency Library to
> provide digitized books to students and the public during the pandemic.
> Publishers Hachette, HarperCollins, Wiley, and Penguin Random House were
> unhappy and initiated a lawsuit against the Internet Archive.
>
> This is a complex topic, but the most important ramification of this ongoing
> lawsuit concerns Controlled Digital Lending (CDL). The publishers want to stop
> CDL.
>
> If you have ever checked out a book from the Open Library of the Internet
> Archive then you have experienced CDL. The publishers who brought the
> lawsuit wish to shut down the Open Library.
>
> https://openlibrary.org/
>
> Here is a link to a website about CDL.
> https://controlleddigitallending.org/
>
> Here is a link to the blog of the Internet Archive with the latest news about the
> lawsuit:
>
> http://blog.archive.org/2022/07/08/internet-archive-seeks-summary-
> judgment-in-federal-lawsuit-filed-by-publishing-companies/
>


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