Hachette v. Internet Archive
Hachette v. Internet Archive, 542 F.Supp. 1156 (2023), is a landmark legal case in the United States currently being argued in the United States District Court for the Southern District of New York.[1]
Background
The defendant, Internet Archive is a non-profit organization based in San Francisco, California. The defendant makes digital copies of books available online. Some of the books made available online are still in copyright and a practice of "Controlled Digital Lending" is used by the Internet Archive to prevent unauthorized downloading or copying of the books that are still in copyright. It has been claimed that the practice of "Controlled Digital Lending" is protected by the doctrine of Fair Use.[2]
Plaintiff
The plaintiffs were Hachette Book Group and other publishers such as Penguin Random House Group, Harper Collins and John Wiley and Sons.[3] The plaintiffs argued that the practice of "Controlled Digital Lending" was illegal and not protected by the doctrine of Fair Use.
Defendant
The defendant, Internet Archive is a non-profit organization based in San Francisco, California. The defendant makes digital copies of books available online.[4]
Decision
It was decided by the judge John G. Koeltl that "Controlled Digital Lending" does indeed violate copyright and that it was not protected as a form of fair use. Internet Archive was asked to desist from providing digital copies of in-copyright books to its patrons.[5][6]
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