Andrew Albanese's Update on the Publisher/IA Lawsuit
/Andrew Albanese of Publishers Weekly reported today that attorneys for the 4 publishers suing the Internet Archive (IA) and the IA archive itself have set out a one year discovery plan for the case, with “the first proposed deadline for initial fact disclosures on September 11, 2020, and would conclude with expert depositions due by September 20, 2021.”
Some of the disclosures would include the following:
All aspects of the operations of the Internet Archive, Open Library, and National Emergency Library, including without limitation the development and application of “Controlled Digital Lending.”
Defendant’s reproduction, display, distribution, and public performance of Plaintiffs’ Works alleged in the Complaint.
Defendant’s fair use defense and other defenses.
Defendant’s justifications for and promotion of “Controlled Digital Lending.” {CDL]
Plaintiffs’ legal and contractual rights in the Works cited in the complaint, and the copyright registration for such Works.
Plaintiffs’ sales, licenses, or agreements relating to the Works.
Plaintiffs’ enforcement actions related to the Works.
Plaintiffs’ actions related to the Works during COVID-19.
Damages, including Plaintiffs’ claims for damages for willful infringement, as permitted by the Copyright Act.
RF has previously discussed this suit and CDL. While recent digital content commercially available under license may have to be eschewed—though that content is among other things precisely what is being litigated—CDL offers fair access to and preservation of thousands of titles that in a massive market failure are not available to readers, including Pulitzer and other prize winners. RF reiterates its support for CDL and calls upon librarians everywhere to defend the practice, with proper safeguards including removal of content upon request..