Also in court, on Tuesday afternoon the publisher plaintiffs filed to appeal the ruling in the Georgia State University copyright case. In a joint statement, the publishers said the court’s recent rulings “shift radically from long-accepted fair use principles and introduce, among other errors, unsustainable policies regarding the proportion of a work not readily available for digital licensing that can be digitally copied without restriction. We have no alternative but to appeal, to protect our authors’ copyrights and advocate for a balanced and workable solution.” The AAP reiterated their position that “there is no legal basis for according less copyright […]
Legal
The Agency Lawsuit Index
This is a partial-index only of Publishers Lunch reports within the “Agency Lawsuits” section. It focuses on guiding readers to key original documents in the four different legal actions (the Federal lawsuit; the state lawsuit; the class-action lawsuit; and the EU investigation). In each sub-section, links are listed starting with the most recent postings. If you page back manually through the “Agency Lawsuits” section you will find many additional articles as well. Legal Filings: Department of Justice Lawsuits Macmillan’s answer Penguin’s answer Apple’s answer DOJ’s complaint DOJ’s competitive impact statement DOJ’s proposed settlement agreement with Harper, HBG and S&S DOJ […]
Hurry Up, Wait, and What The…!? Life Under Agency Lite
With Judge Denise Cote approving the settlement between the Department of Justice and HBG, HarperCollins and Simon & Schuster more swiftly than most people expected, the industry moves into the what-happens-next phase. The answer, depending upon your view, is either just complicated, or a big fat mess. The biggest immediate pressure is the need for the Settlers to have new contracts in place with Apple in as little as week. And the biggest wildcard is what, if anything, happens with appeals. Here is our guide (which we reserve the right to modify at any time). The Legal Parts: Another Delay? […]
Judge Cote Approves eBook Settlement, Deems Case “Straightforward Price Fixing”
After months of comments, filings, and responses, Judge Denise Cote didn’t waste any time in approving the Department of Justice’s settlement with Hachette, HarperCollins, and Simon & Schuster, moving it out of her docket and potentially over the Court of Appeals. Judge Cote was not persuaded that there was anything to be learned at an evidentiary hearing, “given the voluminous submissions” already filed “as well as the detailed factual allegations in the Complaint” and said the court was “well-equipped to rule on these matters.” At the end of the day, she believed the government “more than met [the] minimal standard” that they […]
Justice Doesn’t “Like” the Court’s Friends
Without formally requesting permission from the court, the Department of Justice has gone ahead and helped themselves to a response to friend of the court briefs from the Authors Guild and Bob Kohn. Needless to say, they find those briefs without merit. To the Guild they say that “just as fear of competition is not a defense to price fixing, it also has no place in determining whether a government consent decree is in the ‘public interest'” (thereby not addressing the thing that the Guild “fears”/warns against). To Kohn they reply his “assertion that ‘if the government’s conclusions are not […]
Ducksworth Sues Penguin For Age Discrimination
Marilyn Ducksworth left Penguin last Friday after 28 years with the company, and in a complaint she says was filed on Wednesday afternoon in New York State Supreme Court charges the publisher with age discrimination. Ducksworth, who is 56, says she left “as a result of Penguin’s deliberate, unrelenting undermining of [her] status.” Penguin spokesperson Erica Glass said, “If a complaint is filed, the true facts will be presented to the court in due course. We can state categorically that it was Marilyn Ducksworth’s decision to resign and that PGI does not condone, nor was there, any age discrimination or […]