Judgment Phase of Internet Archive Copyright Case Appears Imminent

In their last request for an extension the parties reported they were "very close" to "finalizing the terms of a consent judgment, subject to appeal" and said they expected to be able to submit the proposal "in a week or so."

In his emphatic March 24 opinion, Koeltl found the Internet Archive infringed the copyrights of four plaintiff publishers by scanning and lending their books under a legally contested practice known as CDL (controlled digital lending). "At bottom, IA's fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book," Koeltl held in his decision. "But no case or legal principle supports that notion. Every authority points the other direction."