3 ms·

> the publishers take issue with only 120 or so books Not quite. The plaintiffs have to name some specific works on which to base the case. The 120 is enough b

> the publishers take issue with only 120 or so books Not quite. The plaintiffs have to name some specific works on which to base the case. The 120 is enough because the statutory damages for just those 120 works could be a staggering amount that would bankrupt IA. The complaint [0] also asks for an injunction enjoining IA from any further infringement of "any of the respective copyrights owned or exclusively controlled, in whole or in part, by Plaintiffs, whether now in existence or hereinafter created." [0] at 51. [0] https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.1.0_1.pdf https://storage.courtlistener.com/recap/gov.uscourts.nysd.53...

wahern 4y ago
There's a good chance IA will be exempted from statutory damages. See 17 USC § 504(c)(2), > The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords The opinion (p46) defers this matter, > At this point, IA’s statutory remittance argument is premature. IA may renew the argument in connection with the formation of an appropriate judgment. https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf https://storage.courtlistener.com/recap/gov.uscourts.nysd.53...