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Authors Guild Challenges Google Fair Use Ruling In Appeal

Last week the Authors Guild formally detailed their appeal of Judge Denny Chin's November 14, 2013 summary judgment motion in favor of Google, finding that the web giant's library book-scanning project was protected as "fair use." The Guild says that the District Court applied "an unprecedented, expansive and erroneous interpretation…

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Macadam/Cage Bankruptcy Trustee Closes Case

The MacAdam/Cage Chapter 7 bankruptcy case has come to an abrupt end, due to the complete lack of assets. In a letter sent to creditors by the attorney assisting Northern California bankruptcy court trustee E. Lynn Schoenmann, the three-month-old bankruptcy (which we first reported on in January) is over as…

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Judge Cote Certifies Consumer Class, Excludes Much of Apple's Expert Witness Testimony

Late Friday afternoon Judge Denise Cote issued two rulings in the ongoing ebook antitrust case. The first finally grants class certification for the consumers who first sued Apple and the Agency Five publishers back in 2011 and officially sought certification last October, in an 86-page order. (The publishers, of course, settled,…

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As Customers Receive eBook Settlement Credits, Other Retailers File Antitrust Suits

Amazon customers received a present in their accounts this morning courtesy of the ebook settlements between the "Agency Five" publishers and various state governments: store credit to buy more books (print or ebooks). As previously outlined, customers who bought at least one ebook published by Hachette, HarperCollins, Simon & Schuster,…

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AAP Chair Reidy Calls for "Concerted Effort" to Speak Out On Publishing's Value

The Association of American Publishers (AAP) annual meeting began with an address from outgoing AAP board chair, Simon & Schuster ceo Carolyn Reidy. With the day's program focused on the theme of "The Next Chapter in Protecting IP," Reidy took note of the hearings underway in the House Judiciary Committee as…

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Briefs: Trudeau Sentenced to 10 Years in Prison; Carnegie & Greenaway Awards Shortlists; and More

Allen Guelzo has won the inaugural Guggenheim-Lehrman Prize in Military History for GETTYSBURG: The Last Invasion (Knopf). The $50,000 prize was announced Monday night at a ceremony held at the New-York Historical Society. The Carnegie and Kate Greenaway Medal shortlists were announced this morning, with the winners to be named…

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Judge Rules Open Road Infringed HarperCollins' Right to License eBook of "Julie of the Wolves"

Last Friday US District Court Judge Naomi Reice Buchwald granted summary judgment in favor of HarperCollins in their lawsuit brought in late 2011 against Open Road over the epublisher's publication of JULIE OF THE WOLVES in ebook form. Judge Buchwald writes that, "Based on a plain reading of the contractual…

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Kobo Continues to Press Case to Preserve Agency In Canada

Kobo continues to press their motion to rescind the ebook pricing consent agreements in Canada between the Competition Commission and the four agency publishers that we first reported on last week. In a memorandum of fact filed March 10, they reiterated their primary argument that "without a stay, Kobo will…

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Asimov Estate and Trident Media Spar in Court Over Termination

For those wondering why large portions of science fiction writer Isaac Asimov's voluminous backlist remain unavailable, a recent dispute between the author's estate and Trident Media Group may provide a partial answer. The case is also worth watching for any literary agency based in New York (or with New York clients)…

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Kobo Opposes Canadian Pricing Settlements; Economists Support Apple's Appeal

Kobo recently filed in opposition to the agency pricing publisher settlements in Canada, objecting to the rapid 40-day timeframe in which they need to renegotiate major publisher contracts, but also arguing that the newly-imposed terms will make them "suffer significant unrecoverable losses" if "Kobo accepts the amendments and shifts its operations…

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