The Internet Archive has announced the end of the lawsuit over controlled digital lending, but their blog post is very brief. Does anyone have a link to the actual legal document that declares this?
https://blog.archive.org/2024/12/04/end-of-hachette-v-internet-archive/
@kcoyle Isn't it enough to not file an appeal by the deadline?
@kcoyle It's not clear to me that they need to file a legal document that they're *not* appealing, since judgments have already been filed in lower courts. But maybe they will; I'm not an expert in the process.
@JMarkOckerbloom So this seems to mean that the decision related only to the books listed by Hachette. I guess I need to read the decision again to see if I can make sense out of it.
@kcoyle The permanent injunction against IA applies to books from any of the plaintiffs (not just Hachette) and their associates, when they've given notice to IA that they're being commercially exploited: https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.215.0.pdf.
@JMarkOckerbloom But it doesn't seem to apply to publishers that were not included as plaintiffs in this suit. If I read it right, then controlled digital lending PER SE has not been ruled out. Is that what you conclude?
@kcoyle You're correct that the injunction doesn't prohibit IA from doing CDL on copyrighted books where the plaintiffs *aren't* the rightsholders.
But the ruling and opinion can be cited as precedent for any other rightsholder who wants to sue IA for CDLing its books without permission. Given the breadth of the opinion, it'd be pretty easy for a rightsholder to win if there aren't special circumstances, particularly in the 2nd Circuit (which includes NY, where lots of them have a presence).
@kcoyle (There might be a chance if the CDL is much more limited than what the IA was doing. Some library organizations are contemplating limited versions of CDL, though the rulings the IA's drawn make those riskier.)
@JMarkOckerbloom Exactly!
@JMarkOckerbloom Agreed on the precedent, but I'm glad that controlled digital lending itself has not (yet) been ruled out across the board.