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Jesse Ventura Defamation Trial Highlights Editorial & Marketing of AMERICAN SNIPER

Last Friday both sides in the defamation trial brought by former Minnesota governor Jesse Ventura against the estate of Chris Kyle, the Navy SEAL and author of AMERICAN SNIPER. At issue was an account in the book headlined "Punching Out Scruff Face" that described -- though not by name --…

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Apple to Pay As Much As $450 Million In eBook Settlement

As expected, on Wednesday the full details of the proposed settlement agreement in Apple's ebook pricing litigation were filed with Judge Denise Cote. (Previously, the terms of the agreement had not been announced.) In a "pragmatic settlement," the parties agreed to three possible outcomes, which could have Apple paying as much…

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FTC Sues Amazon for Knowingly Allowing Children to Incur App Charges without Parental Approval

The Federal Trade Commission filed suit against Amazon in the U.S. District Court for the Western District of Washington, ask the court to order refunds of "millions of dollars in unauthorized in-app charges incurred by children" through apps in the Amazon appstore and on devices such as the Kindle Fire.…

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Open Road Says Harper Looks to Intimidate Other Authors

On Friday Open Road filed their reply to HarperCollins' demand for the maximum statutory damages, over $1 million in legal costs, and a permanent injunction following the District Court's finding that Open Road's digital edition of Jean Craighead George's JULIE OF THE WOLVES infringed Harper's rights. Open Road argues that…

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Shareholders' Suit Won't Block Hastings Sale

At the end of last week, a Texas District Court judge rejected shareholders' request for a preliminary injunction blocking the proposed buyout of Hastings by National Entertainment Collectibles. The court did not find "a substantial likelihood of success on the merits" for the plaintiffs, though this ruling does not block…

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Appeals Court Upholds Ruling That Pre-1923 Sherlock Holmes Stories Are in Public Domain

The 7th Circuit Court of Appeals upheld a 2013 lower court ruling holding that 46 Sherlock Holmes stories and four novels created by Arthur Conan Doyle before 1923, along with the signature characters in those books such as Holmes and Dr. Watson, are in the public domain. The original suit by…

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Apple Settles with States & Consumers In Sealed Agreement

Apple has agreed to settle with the plaintiff states and consumer class in an agreement filed under seal with Judge Denise Cote late Monday. The amount they will pay has not been disclosed yet, and the tendering of those payments is dependent upon the outcome of Apple's appeal of the…

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Digital Etc.: More Google Play Books, Guild Statement, and A Wiley Buy

Google Play Books is in the process of adding 13 countries to the roster of territories where their service is live. Norway, the Netherlands and Colombia have already been added, with Paraguay, Bolivia, Costa Rica, Nicaragua, El Salvador, Ecuador, Uruguay, Panama, Honduras, and Dominican Republic coming soon. A Google Plus post…

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Appeals Court Upholds Hathi Trust As Fair Use; Rules Authors Guild Has No Standing

The Second Circuit Court of Appeals issued a ruling on Tuesday morning that broadly affirms District Court Judge Harold Baer's finding in October 2012 that the Hathi Trust Digital Library -- created by academic libraries that participated in the Google Books Library Project -- qualifies as "fair use" under copyright…

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Legal: Judge Cote Says Apple Faces State Civil Penalties, Expresses Sympathy For Separate Case from Small eBook Retailers

On Thursday Judge Denise Cote issued two separate opinions that solidified her stance against Apple and expressed her opinion that the company's actions also harmed third-party ebook retailers, even as she stressed they may have difficulty proving their case. In a 45-page opinion, Cote ruled Apple should face state civil…

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