Page:Hachette Book Group v. Internet Archive (consent judgment).pdf/1

 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Case No. 1:20-cv-04160-JGK

WHEREAS, on June 1, 2020, Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC (the “Plaintiffs”) commenced this action (the “Action”) against Internet Archive alleging copyright infringement of literary works, namely unauthorized creation of ebooks from print copies of books and public display, distribution, and performance of the ebooks through www.archive.org and/or www.openlibrary.org; and

WHEREAS, on March 24, 2023, the Court issued an “Opinion and Order” in the Action (ECF No. 188) (“Opinion and Order”) granting the Plaintiffs’ motion for summary judgment and holding the Internet Archive liable for copyright infringement of the Plaintiffs’ works in suit;

WHEREAS, prior to the entry hereof, the Internet Archive has worked in active concert and participation with the Open Library of Richmond, the owner of physical books scanned and made available to the public by the Internet Archive on its website under its “Books to Borrow” collection;

WHEREAS, in the interest of efficiency and judicial economy, Plaintiffs and Internet Archive (the “Parties”) have agreed to a stipulated monetary judgment payment in the Action under and subject to the terms set forth in a separate confidential agreement (“Monetary Judgment Payment”), expressly conditioned upon the Internet Archive’s reservation of its right to appeal the finding of liability for copyright infringement set forth in the Opinion and Order and as incorporated into any final judgment; and

WHEREAS, in the interest of efficiency and judicial economy, Plaintiffs and the Internet Archive stipulate to the declaratory relief and terms of a permanent injunction set forth below expressly conditioned upon Internet Archive’s reservation of its right to appeal the finding of