Page:Hachette Book Group v. Internet Archive (2023).pdf/4

 a perpetual term under this model, and Wiley grants perpetual one-copy, one-user licenses to academic and public libraries alike. ¶¶ 130–132. Hachette and Penguin limit their one-copy, one-user licenses for public libraries to one- or two-year terms, during which there is no limit on the number of times an ebook can be read and after which a library must purchase a new license. ¶¶ 134, 147. HarperCollins uses a "26-Circ Model," which allows libraries to circulate an ebook twenty-six times, over any time period, before the license expires. ¶¶ 135–140. HarperCollins and Penguin also use a Pay-Per-Use model -- a one-time circulation to a single patron at a significantly reduced fee -- and Wiley has experimented with various subscription models. ¶¶ 141–146, 155, 191. The Publishers' library expert testified, and IA does not dispute, that this "thriving ebook licensing market for libraries" has "increased in recent years" and "is predicated on licensing revenues that are paid by libraries to entities like OverDrive." ¶ 168. For example, library ebook licenses generate around $59 million per year for Penguin. ¶ 170. Between 2015 and 2020, HarperCollins earned $46.91 million from the American library ebook market. ¶ 172.

IA offers readers a different way to read ebooks online for free. Over the past decade, IA has scanned millions of print books and made the resulting ebooks publicly available on its