NEW YORK – A significant copyright dispute involving an online repository’s distribution of free e-books has reached its conclusion, as the defendant, Internet Archive, chose not to pursue an appeal against a federal court’s unfavorable ruling.

In September, the U.S. Court of Appeals for the Second Circuit upheld a prior decision from a Manhattan federal court, which concluded that the Internet Archive had breached copyright law and instituted a permanent injunction against the organization. The Archive had the option to appeal to the U.S. Supreme Court but decided against it this week.

The conflict originated in 2020 when four prominent publishing companies—Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House—filed a lawsuit asserting that the Archive had unlawfully distributed free copies of over 100 titles, including notable works by authors such as Toni Morrison and J.D. Salinger. The Internet Archive defended itself by claiming that its method of scanning and distributing books, known as “controlled digital lending,” was permissible under fair use provisions.

Maria A. Pallante, who serves as the president and CEO of the Association of American Publishers, expressed her approval of the ruling, stating, “After five years of litigation, we are thrilled to see this important case rest with the decisive opinion of the Second Circuit, which leaves no room for arguments that ‘controlled digital lending’ is anything more than infringement.”

Chris Freeland, the director of library services for the Archive, shared a succinct response on the organization’s website, reflecting on their disappointment with the Second Circuit’s judgment. He affirmed their commitment to adhere to an agreement that allows for the removal of books from lending in response to requests from the member publishers.