Page:Hachette Book Group v. Internet Archive (2023).pdf/42

 offered for free.”, 672 F. Supp. 2d 217, 231 (D. Mass. 2009).

Equally unavailing is IA’s reliance on various metrics that allegedly demonstrate that its online library has not harmed, or is not likely to harm, the Publishers’ financial bottom lines. IA’s experts observed that print sales of the Works in Suit and general demand for library ebooks did not decrease while the Works in Suit were available on IA’s Website; that Amazon rankings for the Works in Suit improved when IA’s digital lending skyrocketed (and government lockdowns were in full effect) at the beginning of the Covid-19 pandemic; and that, despite the removal of the Works in Suit from IA’s library in June 2020, OverDrive checkouts of the Works in Suit did not increase. Def.’s 56.1 ¶¶ 121–122, 138, 140–141, 150. IA attributes these outcomes to the “discovery” effect of its book lending: Patrons decide they enjoy the books they have borrowed through IA enough to purchase those books and recommend them to others. Def.’s Memo. at 25.