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Book publishers say Internet Archive ‘stonewalling’ discovery

  • Group of publishers sued nonprofit digital archive in 2020 claiming “willful mass copyright infringement”
  • Publishers’ lawyer now says Internet Archive withholding key paperwork

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(Reuters) – A bunch of main guide publishers accused the nonprofit Internet Archive on Friday of attempting to “run out the clock” on the discovery course of of their Manhattan federal court docket dispute over the digital archive’s alleged copyright infringement.

An lawyer for Hachette Book Group, HarperCollins Publishers, John Wiley & Sons Inc and Penguin Random House mentioned in a letter that the Archive has been “stonewalling” by refusing to provide key paperwork.

The Internet Archive’s lawyer Joseph Gratz of Durie Tangri mentioned in an e-mail that it already offered a number of the paperwork and is “working diligently to collect and provide” the others.

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Gratz famous the court docket has already set a listening to by itself request to compel the publishers to show over proof.

The discovery interval ends Dec. 17.

The publishers sued the San Francisco-based Internet Archive final yr over its free on-line lending of digitized books throughout COVID-19 lockdowns, a transfer they known as a scheme for “willful mass copyright infringement.”

The Archive responded that it “does what libraries have always done: buy, collect, preserve, and share our common culture,” and is protected by the truthful use doctrine.

The Friday letter, signed by the publishers’ lawyer Scott Zebrak of Oppenheim + Zebrak, mentioned the proof the Archive produced throughout discovery lacked essential paperwork akin to lending procedures and insurance policies.

The publishers’ attorneys, Zebrak and Elizabeth McNamara of Davis Wright Tremaine did not instantly reply to a request for remark.

The case is Hachette Book Group Inc v. Internet Archive, U.S. District Court for the Southern District of New York, 1:20-cv-04160.

For the publishers: Elizabeth McNamara of Davis Wright Tremaine, Scott Zebrak of Oppenheim + Zebrak

For the Internet Archive: Joseph Gratz of Durie Tangri, Corynne McSherry of the Electronic Frontier Foundation

Read extra:

Book publishers sue over ’emergency’ on-line library arrange throughout pandemic

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Blake Brittain

Blake Brittain experiences on mental property legislation, together with patents, emblems, copyrights and commerce secrets and techniques. Reach him at blake.brittain@thomsonreuters.com


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