In the United States Court of Appeals For the Second Circuit

August Term, 2023

Argued: June 28, 2024 Decided: September 4, 2024

Docket No. 23-1260

HACHETTE BOOK GROUP, INC., HARPERCOLLINS PUBLISHERS L.L.C., JOHN WILEY & SONS, INC., PENGUIN RANDOM HOUSE LLC,

Plaintiffs-Appellees,

–v.–

INTERNET ARCHIVE,

Defendant-Appellant,

DOES 1–5, INCLUSIVE,

Defendants. *

Before: MENASHI, ROBINSON, and KAHN, Circuit Judges.

* The Clerk’s office is directed to amend the caption as reflected above. Defendant-Appellant Internet Archive appeals from a judgment of the United States District Court for the Southern District of New York (Koeltl, J.) denying its motion for summary judgment and g