The state of Maryland filed their reply to the AAP’s motion for a preliminary injunction blocking the state’s new library ebook law while the matter is litigated. The state claims the interference with Federal copyright law is incidental and accidental rather than primary: The AAP’s complaint, they write, “rests on the mistaken assumption the Maryland Act is a copyright law and not a regulation of unfair trade practices. State copyright laws are preempted by federal law, but State laws restraining unfair trade practices are not…. The Maryland Act, by contrast, is a consumer protection statute regulating reasonable terms regarding licensing […]
