On March 24, 2023, the U.S. Southern District Court of New York granted summary judgment to Hachette Book Group, HarperCollins Publishers, Penguin Random House, and Wiley (the “Publishers”) and found Internet Archive (“IA”) liable for copyright infringement for its digital lending of e-books without permission from the books publishers. Both parties submitted a proposed consent judgment to the court on August 11, 2023. According to the judgment, the court would grant a permanent injunction that would bar IA from lending or displaying any works owned by the publishers. The parties also agreed upon a confidential, “Monetary Judgment Payment, to be paid by IA at the final conclusion of the case if the publishers prevail on appeal.” Judge Koeltl approved the judgment with the caveat that “the injunctive relief in this case [will] cover only copyrighted works, like the Works in Suit, which are available from the Publishers in electronic form.” On September 11, IA appealed the decision.