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.
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.
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." The Archive compared its "controlled digital lending" to traditional library lending and argued its practices were protected by the copyright doctrine of fair use, which allows for the unlicensed use of others' works in some circumstances.said
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