Unsurprisingly, Judge Denny Chin agreed with his own ruling from 2005 and once again agreed to certification of the class of authors in the refiled Google Books infringement case–thus sentencing himself to potentially years more of administering this case. He also approved associational plaintiff status for both the Authors Guild and the American Society of Media Photographers. One shouldn’t read much into the ruling other than that the case will go forward all over again. In part, Chin used Google’s own actions against them: “Given the sweeping and undiscriminating nature of Google’s unauthorized copying, it would be unjust torequire that each […]
Archives for May 2012
More Buzz: The BEA Fall Books Preview
Included in the trade edition of our BEA Buzz Books ebook sampler is a comprehensive preview of more than 100 additional fall titles of note–many of which will be promoted at BEA next week– as a means of surveying the season in a more comprehensive manner. We selected what we think are among the most noteworthy literary, commercial, and breakout titles for adults and children, broken down into key categories. For the full 4,000-word article, download your free ebook now and see the introductory piece. The early part of the fall season is a lot more crowded than the back […]
Letters to Justice: Kohn’s 55-Page Brief, and Bookseller Peter Glassman’s Argument
CEO of RoyaltyShare, co-founder of eMusic, and former general counsel of companies including Borland Software Bob Kohn has dispatched a 55-page letter to the Department of Justice objecting to their price-fixing complaint in what probably qualifies as the most interesting legal brief to emerge in this case so far–even though it’s technically just a letter. Kohn essentially offers a more thorough and artful explanation of why he believes the agency model was pro-competitive rather than anti-competitive than what the defendants themselves have provided. Without the burden (or evidence) to deny the allegations themselves, he argues in broad form that “something […]
People, Awards, Etc.
US author Madeline Miller won the Orange Prize for her debut novel THE SONG OF ACHILLES, published by Ecco in the US and Bloomsbury UK. Chair of judges Joanna Trollope said: “This is a more than worthy winner — original, passionate, inventive and uplifting. Homer would be proud of her.” Executive director of PEN American Center since 2009 Steven L. Isenberg told the board that he will leave the position at the end of the year, providing notice now “to give ample time for the search for my successor and to ensure a smooth, effective transition. Isenberg will be 72 when […]
Macmillan Says DOJ Suit Is Nothing But Slim “Circumstantial Evidence” and “Innuendo”
Macmillan’s initial answer to the Justice Department’s antitrust suit filed on Tuesday May 29 is less extensive on a point-by-point basis than Penguin’s response, but it is no less definitive in denying the government’s allegations. “Despite an extensive investigation including production of the e-mails, calendars, and telephone logs of Macmillan’s CEO and other senior management, extensive interrogatories, and two full days of deposition of Macmillan’s CEO…the lack of direct evidence of conspiracy cited in the Goernment’s complaint is telling.” They add that the case is “based entirely on the little circumstantial evidence it was able to locate during its extensive […]
Penguin Says Government “Sides With A Monopolist” In Long Answer to AntiTrust Suit
Publisher defendants Penguin and Macmillan filed their first answers to the Department of Justice’s antitrust law suit in Federal Court on Tuesday, with both companies categorically denying the charges. Most broadly, Penguin repeats its contention that it “did not conspire to fix the prices of eBooks with other publishers or with Apple. Penguin, at the invitation of Apple, independently negotiated and ultimately entered into a vertical distribution agreement with Apple.” They argue “a vertical distribution agreement is presumptively pro-competitive. New entry is presumptively pro-competitive. Broader distribution is presumptively pro-competitive. Lower barriers to entry are presumptively pro-competitive. Yet the Government intentionally […]