AAP Celebrates Final Victory in Infringement Case Against Internet Archive
The Association of American Publishers announced the final resolution of Hachette Book Group v. Internet Archive, after Internet Archive declined to file a cert petition with the U.S. Supreme Court by the December 3, 2024 deadline. We are pleased that the Second Circuit’s September 4, 2024 opinion stands as the eloquent legal ending to this case, as it draws extensively on Supreme Court precedent and will be broadly impactful to other controversies, including artificial intelligence cases. “After five years of litigation, we are thrilled to see this important case rest with the decisive opinion of the Second Circuit, which leaves no room for arguments that ‘controlled digital lending’ is anything more than infringement, whether performed by commercial or noncommercial actors, or aimed at authorship that is creative or factual in nature. As the Court recognized, the public interest—and the progress of art and science that is the mandate of the Constitution’s copyright clause—is served best when authors and their publisher licensees can decide the terms on which they make their works available. We are indebted to Hachette, HarperCollins, Penguin Random House, Wiley, their authors, and the many amici in this case who stood up for copyright, without which we would be a less inspired and less informed society.”