In their quarterly SEC filing for the period ending October 26, Barnes & Noble reported that just before the close of their second quarter, on October 16, the SEC notified the company that it was being investigated. The agency’s New York office is looking into: “(1) the Company’s restatement of earnings announced on July 29, 2013, and (2) a separate matter related to a former non-executive employee’s allegation that the company improperly allocated certain Information Technology expenses between its Nook and Retail segments for purposes of segment reporting.” BN says it “is cooperating with the SEC, including responding to requests […]
Legal
Judge Continues Order Blocking Malcolm X Book
After a hearing on Friday, New York District Court Judge Laura Swain continued the temporary restraining order she first imposed on November 8, continuing to prevent the release of Third World Press’s planned THE DIARY OF MALCOLM X. The restraining order will stay in place through January 31, when Judge Swain will hear further arguments from the parties. The book was originally scheduled for publication on November 15.
Court Hears Arguments On Restraining Order for Malcolm X Diary
The heirs to Malcolm X’s estate will know after a court hearing today whether the temporary restraining order blocking Third World Press’s planned publication of the civil rights leader’s final writings THE DIARY OF MALCOLM X will hold. The estate, under a new umbrella company called X Legacy LLC, sued Third World Press in New York’s Southern District Court earlier this month, and the TRO was granted on a preliminary basis on November 8, the day the suit was filed. The book was originally scheduled for publication on November 15. In a separate letter delivered to presiding Judge Laura Swain on […]
Authors Guild Vows Appeal of Google Fair Use Ruling
The Authors Guild responded to our request for comment after Wednesday’s Publishers Lunch was dispatched. Executive director Paul Aiken said, “We plan to appeal the decision” from Judge Denny Chin finding that Google’s book scanning was protected fair use under copyright law. Aikens added: “We disagree with and are disappointed by the court’s decision. This case presents a fundamental challenge to copyright that merits review by a higher court. Google made unauthorized digital editions of nearly all of the world’s valuable copyright-protected literature and profits from displaying those works. In our view, such mass digitization and exploitation far exceeds the […]
Judge Chin Finds Google’s Book Scanning Is Fair Use, First Ruling In Eight-Year Case
After 8 years of litigation over Google’s broad-scale scanning and indexing of more than 20 million books in libraries, Judge Denny Chin has granted summary judgment in favor of Google, ruling that their work qualifies as fair use. The revised case brought by the Authors Guild and individual authors has been dismissed. Judge Chin’s ruling is sweepingly in Google’s favor, praising the service the company has provided and offering no shades of grey or nuance of interpretation in weighing whether it qualifies as fair use. Judge Chin’s examination of all four factors to evaluate fair use is unequivocable, beginning with the […]
Malcolm X Heirs Sue to Block Publication of A Diary One Daughter Authorized
Several of Malcolm X’s family members are reported to have filed a lawsuit last Friday to block publication by Chicago-based Third World Press of a diary the civil rights leader wrote in the last year of his life. The reproduction of a private diary kept as he travelled to the Middle East and Africa immediately before his assassination was scheduled for publication this week and lists daughter Ilyasah Shabazz as one of the book’s co-editors. The lawsuit, obtained by the NY Post and other publications and apparently filed in “Manhattan federal court” (but not yet listed on any federal docket) […]