Likewise, the orphan works-related claims weren’t ripe. There was no indication about whether the program will be revived or what it would look like. The plaintiffs argued that the orphan works program’s legality wouldn’t depend on the specific procedures the libraries ultimately used to identify orphans, because any program resulting in the publication of complete copyrighted works would infringe. The court wasn’t persuaded. Even assuming for the sake of argument that the plaintiffs were right about infringement, it didn’t follow that any of theircopyrights would be infringed. Thus, there was no “certainly impending” harm, nor any hardship if decision were withheld. If Michigan or HathiTrust reinstitutes the program in a manner that would infringe the copyrights of any proper plaintiffs, they could return to court. The mere possibility of future injury isn’t hardship.