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AAP Decides Not to Pursue Legal Fees from Maryland — This Time

August 10, 2022
By Michael Cader

The AAP notified Judge Deborah L. Boardman that it “does not wish to burden the Court with a request for costs and fees” from the State of Maryland after their thorough drubbing in court. But in a warning to other states still contemplating similarly unconstitutional efforts to encroach on the Copyright Act with respect to […]

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DOJ and PRH Squabble Over Whether Trial Can Look at Publisher’s Pledge to Let Simon & Schuster Bid Independently, and More

July 14, 2022
By Michael Cader

With the trial on whether to block Penguin Random House’s acquisition of Simon & Schuster set to begin on August 1, the government and the publisher are skirmishing on multiple fronts with motions arguing over what evidence can be presented at trial. Since nearly all of the discovery and trial preparation has happened under seal, […]

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Government Considers Deferred Prosecution Agreement for Bernardini

July 13, 2022
By Michael Cader

In late June, US District Court Judge Colleen McMahon agreed to postpone once again last week’s scheduled status conference in the prosecution of accused manuscript thief Filippo Bernardini. The prosecutors told the judge that they are reviewing “a deferred prosecution request” from Bernardini’s counsel. Judge McMahon adjourned the case until September 10, “to facilitate discussions […]

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Publishers and Internet Archive Make Their Arguments In Long-Running Copyright Case

July 8, 2022
By Michael Cader

In the long-running publisher lawsuit against the Internet Archive for copyright infringement, both sides submitted motions seeking summary judgement to the court on Thursday night, supplemented by extensive witness declarations. While summary judgment for either side is unlikely, the documents provide an updated look at the case, a little more than two years after it […]

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B&N, Publishers, Authors Respond to Virginia Obscenity Case

June 21, 2022
By Katy Hershberger

Barnes & Noble, Bloomsbury and Sarah J. Maas, and Oni Press and Maia Kobabe have filed motions to dismiss the case that alleges A Court of Mist and Fury and Gender Queer are “obscene for unrestricted viewing by minors,” the Virginian-Pilot reports. Barnes & Noble states that the court cannot restrict access to minors “while […]

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OCLC Sues Clarivate for Stealing Library Catalog Records

June 17, 2022
By Katy Hershberger

OCLC has filed a lawsuit against Clarivate and its subsidiaries Clarivate Analytics, ProQuest and ExLibris for “tortious interference of contract, tortious interference of prospective business relationships, and conspiracy to do the same.” ExLibris is developing a collaborative cataloging system called MetaDoor, a competitor to WorldCat, OCLC’s collective catalog of library bibliographic content that is populated […]

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