With no response yet from District Court Judge Denise Cote to his Friday motions seeking permission to both stay and appeal the ebook settlement, entrepreneur and attorney Bob Kohn filed an emergency request with the Second Circuit Court of Appeals on Tuesday morning. He asked the Appeals Court “to consider and rule upon” his motion for a stay by this Friday. Reasserting many of the arguments made last week to Judge Cote, Kohn posits that “without a stay of execution of the final judgment, an appeal becomes moot and the consequent harm to the public becomes irreparable.” To meet the […]
Legal
Harper Starts Selling Under New eBook Contracts, Often At Higher List Prices
At least some new pricing for ebooks started Monday, in advance of any indication from the courts whether an appeal might stay formal imposition of the settlement with the Department of Justice. As spokesperson Erin Crum told Publishers Lunch Monday afternoon, “HarperCollins has reached agreements with our e-retailers that are consistent with the final judgment.” One reason to initiate new contracts as soon as possible is to get the process over with; each publisher must wait two years after execution of new contracts, whenever that occurs, before being able to return to unimpeded agency. The results of those new agreements–including […]
Also Now On Appeal: The Georgia State Fair Use Ruling
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 […]
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 […]