[A2k] Hathi Trust, Library Associations Dispute Author’s Guild Motion

Manon Ress manon.ress at keionline.org
Mon Apr 30 11:57:08 PDT 2012

Hathi Trust, Library Associations Dispute Author’s Guild Motion
April 30, 2012 By Meredith Schwartz Leave a Comment

On April 20 the Hathi Trust filed a motion opposing the Author’s
Guild’s latest move in the ongoing lawsuit between the two, in which
the Guild filed for partial judgment on the pleadings on February 28.

The Trust said the Guild’s argument defied common sense as well as
Congressional intent in denying that libraries, like anyone else, can
mount a fair use defense to an allegation of copyright infringement as
well as one based on Section 108. The Trust also argued that the Guild
has not shown that there is no issue of fact or law for the court to
decide, which is the standard for partial judgment on the pleadings.

In addition the Association of Research Libraries, the American
Library Association, and the Association of College and Research
Libraries filed a friend of the court brief
authored by Jonathan Band. Said Band, “Plaintiffs advance a radical
and unprecedented interpretation of 17 U.S.C. § 108 that threatens the
most routine library operations. …They seek to convert an exception
intended to benefit libraries into a regulation that restricts

Band further contends that The Library of Congress, home to the
Copyright Office itself, has already done more with and to its own
orphan works holdings than the HathiTrust intends to do in its own
orphan works program.

In the meantime, the Hathi Trust is exploring other ways to add more
undisputed content. Together with the HathiTrust team, MPublishing is
developing a new modular, open source platform for open access journal
publishing called jPach, which will allow MPublishing to publish
journal content directly into the HathiTrust repository.

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