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ARTICLE · 03 APRIL 2023

Internet Archive Counsel: Publishers Are Powerful Enough

Morrison Foerster
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Joe Gratz spoke to Managing IP about the copyright suit filed by publishers against the Internet Archive, and how this could threaten the future of online book lending.

United StatesIntellectual Property

Joe Gratz spoke to Managing IP about the copyright suit filed by publishers against the Internet Archive, and how this could threaten the future of online book lending.

According to Joe, who is representing the Internet Archive, the rise of digital technology shouldn't give copyright owners more power over cultural works than they already had.

"Control shouldn't be handed to publishers over the technical accident that, to lend digitally, you need to make copies," he said.

Joe noted that the case is more likely to be settled at the summary judgment stage than proceed to trial, and added that an appeal to the Court of Appeals for the Second Circuit is likely regardless of which side wins on summary judgment. He also said he is confident in statistical analyses submitted by the Internet Archive that proved there was no harm suffered by publishers.

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