A lawsuit filed by nonprofit global library organization OCLC against Baker & Taylor and B&T subsidiary Bridgeall Libraries is moving forward after a 30-day stay expired this week.

OCLC, which created and operates the bibliographic records database WorldCat, alleged in its March 26 complaint that B&T “chose to unlawfully obtain WorldCat records and data by targeting OCLC’s customers” and “attempted to create a contractual backdoor” into WorldCat’s data to enhance its own BTCat. B&T's customizable cataloging system is in direct competition with WorldCat.

So long as the case is proceeding, the future of BTCat remains unresolved. The uncertain fate of this important B&T asset appears to have been a key factor in torpedoing the deal between B&T and ReaderLink, which had agreed to acquire the wholesaler and retain many of its staffers. As part of the agreement, ReaderLink CEO Dennis Abboud said his company would not take on B&T's financial obligations.

The collapse of the sale led B&T owner and CEO Aman Kochar to wind down B&T by January, owing publishers millions of dollars. At this point, publishers are largely resigned to the fact they are unlikely to see much, if any, money from B&T. The closure left libraries seeking new wholesaling partners, hundreds of B&T employees laid off, and speculation on what would become of BTCat and Baker & Taylor Publisher Services (BTPS).

There are widespread rumors that B&T is working to sell BTPS. The future of BTCat largely depends on the outcome of the current court case. A B&T win would provide it with another asset that it could sell. Where proceeds from such a sale would go is unclear, but B&T's main creditor, CIT Northbridge Credit, has received the bulk of B&T's remaining funds.

In its complaint, OCLC wrote that it had allowed B&T to have limited access to WorldCat through a 2019 agreement, and that when OCLC learned about B&T’s plan to launch BTCat, a direct competitor, the agreement was officially terminated. The company says B&T continued to make use of WorldCat through a provision in its contracts with libraries. “OCLC has already lost WorldCat customers to BTCat, and OCLC anticipates that it will lose more current and prospective customers if Defendants are permitted to continue to steal WorldCat records and data to fill BTCat,” the plaintiffs attested.

Magistrate Judge Elizabeth A. Preston Deavers, of the U.S. District Court for the Southern District of Ohio, Eastern Division, ordered a stipulated preliminary injunction and agreed to a stay on October 3. Now that a month has gone by, OCLC has asked Judge Deavers to set a schedule. The judge directed B&T to file a response to OCLC’s motion for a preliminary injunction by November 6. OCLC must respond by November 7.