US District Court Judge Richard Sullivan in New York’s Southern District handed down a serious unequivocable judgment last Friday that came to light on April Fool’s Day: ReDigi’s resale of “used” iTunes music files was copyright infringement pure and simple, and plaintiff Capitol Records was granted summary judgment. While the case was brought over music files, the opinion would seem to clearly apply to all other similar digital goods (including ebooks, as well as video, games and software). Judge Sullivan’s opinion is rendered is clear, generally non-technical language: “Courts have not previously addressed whether the unauthorized transfer of a digital […]
Legal
Briefs: Changing Hands To Open Second Location in Phoenix; NYS Court Affirms That Amazon Must Pay Sales Tax
Changing Hands Bookstore in Tempe, AZ has finalized plans to open a second store in Phoenix in early November, co-owner Gayle Shanks said on the store’s website. The new location has been in the works since last year, according to Phoenix Business Journal, and the bookstore will partner with Phoenix-based real estate firm Venue Projects (“whose mission is to create inspiring places that serve and celebrate nature while promoting community”), the Beckett’s Table restaurant restaurant group, and a company focused on meeting and event space for mobile professionals to redevelop the space, formerly occupied by a restaurant. They are working […]
Harper and Open Road Reiterate Arguments, Ask for Summary Judgment
At the beginning of last week, on March 18, both HarperCollins and Open Road filed motions for summary judgment in the case questioning whether Harper controls the right to publish an ebook edition of Jean Craighead George’s JULIE OF THE WOLVES. The two sides agree on one, and only one, point: that the original contract is unambiguous, and judgment in their favor should be granted without further argument. And this is why electronic rights to older books are more generally classified as “in dispute.” Both sides present experts to help interpret the 1971 agreement and the state of electronic rights […]
Penguin Sues Supposed Online Library (Again) for Posting Full Books
Penguin has refiled a lawsuit against nonprofit “online library” American Buddha for posting full copies of their books online. They originally sued the site in New York federal court in 2009, but the court said it did not have jurisdiction over the site, so the new suit was filed in a Portland, OR federal court. The action began with the discovery in 2008 of a full copy of E.J. Kenney’s translation of “The Golden Ass” on American Buddha’s site. The suit, which asks for an injunction as well as damages, cites the posting of other books such as Upton Sinclair’s OIL! and […]
Kohn Tries A New Argument, Asking Court to Allow Full Agency
Royalty Share ceo and attorney Bob Kohn is taking a new approach to asking the court to mitigate the effects of the ebook pricing settlements with the Department of Justice. He recently submitted Tunney Act comments on the new settlement pending with Penguin. This time, rather than asking the court to reject the settlement entirely, he suggests that they modify its provisions. Kohn asks that the restrictions on Penguin’s use of the agency model be removed. If the court agrees, he will seek the same modification for both the pending Macmillan settlement and the already approved settlements with Hachette, Harper […]
Supreme Court Rules Against Wiley In Overseas First Sale Case
In 6–3 decision, the Supreme Court overturned a lower court decision and sided with the defendant in John Wiley’s case against Supap Kirtsaeng, trying to block his resale inside the US of textbooks produced and sold overseas in less expensive editions. The high court agreed with Kirtsaeng that the first sale doctrine applies, even to goods produced overseas. Other content-focused industries had joined publishers in support for Wiley’s case. In the dissent, Justices Kennedy, Scalia and Ginsburg expressed concern that the Court was ignoring Congress’ intention of protecting “copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works.” Justice […]