Agency Lite has formally come to Macmillan titles now, after a longer-than-expected delay. Discounts on ebooks beyond what was previously allowed by the publisher can be seen on some of the company’s bestselling titles, such as Silver Linings Playbook (agency price, $9.99; discounted price $7.99); the Shred diet (agency price, $11.99; discounted price $9.99); and Killing Kennedy (agency price, $12.99; selling price $9.99). Price matching on discounts was observed across the three top ebookstores, Amazon, Nook and the iBookstore, though Google Play–often an early and aggressive discounter–seems to still be selling Macmillan ebooks at full agency prices for now. As […]
Legal
Court Clears Michael Lewis and Norton on Defamation Charges
Last week New York District Court Judge George B. Daniels ruled in favor of author Michael Lewis and his publisher Norton (as well as hedge fund manager Steve Eisman) in a defamation case brought by Wing Chau over passages in a chapter of THE BIG SHORT. As Judge Daniels notes at the end of the ruling–which reads like a blurb for the book–about Chau, who “was one of the largest CDO managers of sub-prime mortgage-backed securities,” that: “Many now view investments in subprime mortgage bonds, and their subsequent disastrous default, as significantly responsible for the greatest economic crisis since the […]
Amazon and the Big Six Agree
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 […]
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 […]