Authors Guild, Inc. v. Hathitrust

Filing 11

FORM C, on behalf of Appellant Australian Society Of Authors Limited, Australian Society Of Authors Limited, Authors Guild, Inc., Authors League Fund, Inc., Authors' Licensing and Collecting Society, Pat Cummings, Pat Cummins, Erik Grundstrom, Angelo Loukakis, Norsk Faglitteraer Forfatter0OG Oversetterforening, Roxana Robinson, Helge Ronning, Andre Roy, Jack R. Salamanca, James Shapiro, James Shapiro, Daniele Simpson, Danielle Simpson, T.J. Stiles, Sveriges Forfattarforbund, Union Des Ecrivaines Et Des Ecrivains Quebecois, Fay Weldon and Writers' Union of Canada, FILED. Service date 11/27/2012 by CM/ECF.[779275] [12-4547]

EXHIBIT 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
X
THE AUTHORS GUILD, INC., et al.,
Plaintiffs,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: /o 111- 11 11

CIVIL 6351 (HB)
JUDGMENT

-againstHATHITRUST, et al.,
Defendants.
X

Whereas before the Court are two motions for judgment on the pleadings and three motions
for summary judgment; also before the Court are two unopposed motions for leave to file briefs as
amici, and the matter having come before the Honorable Harold Baer, Jr., United States District
Judge, and the Court, on October 10, 2012, having rendered its Opinion and Order denying
Plaintiffs' motions, granting in part and denying in part Defendants' motion for judgment on the
pleadings: the Associational Plaintiffs have Article III standing; the U.S. Associational Plaintiffs
lack statutory standing; and Plaintiffs' OWP claims are not ripe, granting Defendants' and
Defendant Intervenors' motions for summary judgment: their participation in the MDP and the
present application of the HDL are protected under fair use, and granting the two unopposed motions
for leave to file briefs as amici, it is,

ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the
Court's Opinion and Order dated October 10, 2012, Plaintiffs' motions are denied; Defendants'
motion for judgment on the pleadings is granted in part and denied in part: the Associational
Plaintiffs have Article III standing; the U.S. Associational Plaintiffs lack statutory standing; and
Plaintiffs' OWP claims are not ripe; Defendants' and Defendant Intervenors' motions for summary
judgment are granted: their participation in the MDP and the present application of the HDL are

protected under fair use; and the two unopposed motions for leave to file briefs as amici are granted;
accordingly, the case is closed.
Dated: New York, New York
October 12, 2012
RUBY J. KRAJICK
Clerk of Court
BY:

,/Deputy Clerk

THIS DCICUMEiv t WAS ENTERED
ON THE DOCKET ON