The class action lawsuit brought by independent booksellers has gotten Amazon and the six largest trade publishers to agree on something: they all think the suit is without merit and should be dismissed. Since the suit appears to be a proxy action against Amazon’s market power more than anything else, their reply is likely of more interest. Amazon argues that in the ebook pricing suits Judge Cote already “determined that complaints by ‘industry stakeholders like bookstores’ about harm from Amazon’s low prices and innovations were not the basis for a legitimate antitrust claim.” Amazon turns their reply into a celebration […]
Legal
Judge Throws Out Class Action Suit Against Harlequin Alleging eBook Royalty Deprivation
On Tuesday a federal court class-action lawsuit against Harlequin for allegedly depriving authors of ebook royalties was dismissed, with Judge Harold Baer ruling that Harlequin had abided by the terms of their contracts and that the plaintiff authors — Barbara Keiler, Mona Gay Thomas, and Linda Barrett – did not sufficiently state a claim that they had lost significant ebook royalties between 1990 and 2004. The original complaint alleged that Harlequin improperly licensed ebook rights to their own Switzerland-based subsidiaries, yielding authors a small royalty–“3 to 4 percent of the ebook cover price”–as their 50 percent share of proceeds, rather […]
ReDigi’s Sale of “Used” Digital Music Is Copyright Infringement, Court Holds In Clear Ruling That Makes Any “Used” Digital Marketplace Unlikely
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 […]
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 […]