Publishers, Internet Archive Agree To Streamline Digital Book-Lending Case

An anonymous reader quotes a report from Reuters: The Internet Archive and a group of leading book publishers told a Manhattan federal court on Friday that they have resolved aspects of their legal battle over the Archive’s digital lending of their scanned books. If accepted, the consent judgment would settle questions over potential money damages in the case and the scope of a ban on the Archive’s lending and would clear the way for the Archive to appeal U.S. District Judge John Koeltl’s decision that it infringed the publishers’ copyrights.

The proposed order would require the Archive to pay Lagardere SCA’s Hachette Book Group, News Corp’s HarperCollins Publishers, John Wiley & Sons and Bertelsmann SE & Co’s Penguin Random House an undisclosed amount of money if it loses its appeal. The order would also permanently block the Archive from lending out copies of the publishers’ books without permission, pending the result of the appeal. They asked Koeltl to resolve a dispute over whether the order will apply only to the publishers’ books that are already available for electronic licensing or books commercially available in any format.

The Internet Archive said in a blog post that the fight was “far from over,” and founder Brewster Kahle said in a statement that “we must have strong libraries, which is why we are appealing this decision.” Maria Pallante, the CEO of the Association of American Publishers, said in a statement that the plaintiffs were “extremely pleased” with the proposed injunction, which will “extend not only to the Plaintiffs’ 127 works in suit but also to thousands of other literary works in their catalogs.”