The AAP (Association of American Publishers) prevailed over the Internet Archive’s mass infringement of books twice: First in District Court in March 2023, and then again before the Court of Appeals in September 2024. December 3 was the last day in which the Internet Archive could have filed a cert petition with the Supreme Court and they did not do so — which means the previous rulings are now final. The AAP says in a statement, “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.”
Per the previously negotiated permanent injunction, the IA must now make a confidential “monetary judgment payment” to the AAP. “While the sum is confidential, AAP’s significant attorney’s fees and costs in the action since 2020 have been substantially compensated.”
In an uncharacteristically brief statement, the IA writes: “While we are deeply disappointed with the Second Circuit’s opinion in Hachette v. Internet Archive, the Internet Archive has decided not to pursue Supreme Court review. We will continue to honor the Association of American Publishers (AAP) agreement to remove books from lending at their member publishers’ requests.” How nice that they regard a definitive court ruling as an agreement they can elect to honor (or not).
AAP president and ceo Maria Pallante says in their press release: “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.”