What are #ControlledDigitalLending projects going to do on Monday? When the court goes on at some length about how all four of the fair use factors "favor the Publishers":

• "The first fair use factor strongly favors the
Publishers."
• "The second factor favors the Publishers."
• "the third factor weighs strongly in the Publishers’ favor."
• "the fourth factor strongly favors the Publishers."

...you have to think that everyone's assessment of the risks of CDL just skyrocketed.

Holy crap! In the #ControlledDigitalLending court case between the publishers and #InternetArchive, the publisher's Motion for Summary Judgement was:

GRANTED!?!

https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf

Also of note related to #ControlledDigitalLending: on Monday at 1pm Eastern U.S. time, the judge is holding a hearing on each side's motions for summary judgment. See https://blog.archive.org/2023/03/17/heres-how-to-participate-in-mondays-oral-arguments/ for details.

Such a motion is a way for lawyers to tell the just that the facts of the case are so obvious that the judge has to rule in their favor. That _both_ sides have filed such motions says to me that the facts are not as clear as hoped. We'll learn more on Monday.

Last week I gave a 15-minute overview of #ControlledDigitalLending at the Code4Lib conference. The slides and transcript are up on my blog now, as well as the list of "For more information..." links from the end of the presentation: https://dltj.org/article/cdl-code4lib/

🔖 Fighting for the Digital Future of Books [summary and status overview of EFF’s support for the #InternetArchive over #ControlledDigitalLending] | Electronic Frontier Foundation’s 2022 in Review https://www.eff.org/deeplinks/2022/12/fighting-digital-future-books-2022-review #BookmarkShare

The third part points to the history of #ControlledDigitalLending — a paper written by Professor Michelle M. Wu at the Georgetown University Law Center in 2011. 4/4

https://dltj.org/article/issue-94-controlled-digital-lending/#cdl-origins

The second part of the issue focuses on the publisher's lawsuit against @internetarchive for their "National Emergency Library" effort and #ControlledDigitalLending in general. The litigants are waiting for the judge to rule on the motions for summary judgment filed by both sides. 3/4

https://dltj.org/article/issue-94-controlled-digital-lending/#cdl-lawsuit

The first part of the issue is an update on a couple of grant funded-projects supporting #ControlledDigitalLending activity — one to the Boston Library Consortium for building workflows and software and another to NISO for best practices development. https://dltj.org/article/issue-94-controlled-digital-lending/#dltj-cdl-updates 2/4

Publishers Are Taking the Internet to Court

... On June 1, Whitehead’s publisher, Penguin Random House, together with fellow megapublishers Hachette, HarperCollins, and Wiley, filed a lawsuit against the Internet Archive alleging “mass copyright infringement.” The Internet Archive closed the National Emergency Library on June 16, citing the lawsuit and calling for the publishers to stand down. But the plaintiffs are continuing to press their claims, and are now seeking to close the whole Open Library permanently....

https://www.thenation.com/article/society/publishers-are-taking-the-internet-to-court/

HN discussion: https://news.ycombinator.com/item?id=33619939

#InternetArchive #Libraries #ControlledDigitalLending #PenguinRandomHouse #Hachette #HarperCollins #Wiley #Copyright #CopyrightIsBrainDamage

🔖 A letter from the law firm representing the publishers in the litigation around Internet Archive's #ControlledDigitalLending and National Emergency Library. It summarize's the plantiff's position and reason for bringing the lawsuit.

Hachette Book Group, Inc. et al. v. Internet Archive, Case No. 1:20-CV-04160-JGK

https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.81.0.pdf 🗒 annotated https://via.hypothes.is/https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.81.0.pdf