June 15th, 2022 by WCBC Radio

In a legal case closely watched by libraries and the publishing industry, a federal judge in Maryland struck down a state law requiring publishers to make e-books available on “reasonable terms” to libraries if they were also being offered to the general public.

The Association of American Publishers, the industry’s trade organization, had contended that the bill violated the United States Copyright Act by allowing states to regulate publishing transactions. The Maryland law was passed with overwhelming support a year ago, and included provisions for fines up to $10,000 and higher.

Maryland U.S. District Judge Deborah L. Boardman issued her decision Monday, four months after she had enjoined the Maryland Act, writing at the time that the law’s “practical impact” would force publishers “to offer their products to libraries — whether they want to or not — lest they face a civil enforcement action or criminal prosecution.”

The state effectively conceded in April, with attorneys writing that “that there is no genuine dispute as to any material fact.” But the Association of American Publishers was still seeking a permanent injunction. Boardman ruled Monday that the injunction was unnecessary because the law was “unconstitutional and unenforceable.”