US District Judge Marsha Pechman agreed with the argument that North Carolina’s request from Amazon for personal customer data that could be matched to their purchase records violates the First Amendment. She affirmed that an individual’s purchases of books, music, and other products is protected. Pechman indicated that the state was free to make a new request for customer data “provided it destroys any detailed information that the department currently possesses.”Bloomberg
Legal
Tip Says NookColor to Debut Next Week, As Delaware Court Lets BN Shareholder Lawsuit Go Forward
The rumor on Barnes & Noble’s press event for next Tuesday is that the company will launch a color touchscreen ereader priced at $249. CNET cites an anonymous “tipster” who “has proven reliable in the past.” Separately, SlashGear points out that Barnes & Noble registered the URL NookColor.com in March (and updated their registration record earlier this month).CNET In other Barnes & Noble news, Delaware chancellor Leo Strine Jr. agreed with shareholders who have sued the company over the purchase of Barnes & Noble college last year, saying the acquisition process “gives off a very fishy smell.” Strine therefore declined […]
CIA Sues Former Undercover Agent for Publishing In Breach of Secrecy Agreement
Bill Gertz at the Washington Times reports that the CIA has filed a breach of contract lawsuit against the pseudonymous author Ishmael Jones over publication of his 2008 book THE HUMAN FACTOR: Inside the CIA’s Dysfunctional Intelligence Culture (Encounter Books). The agency alleges that Jones, a former deep-cover agent working in the Middle East and Europe, puyblished “a book without the agency’s permission and in violation of his secrecy agreement.” Jones say that, rather than reviewing the book and suggesting changes, the agency essentially wanted none of it published. The paper says the suit was filed in an Eastern Virginia […]
Legal Briefs: Steinbeck Descendants Lose Again, Willy the Wizard Persists, Amazon Presses for Buyer Privacy
John Steinbeck’s son and granddaughter has lost yet another legal attempt to gain control over the author’s literary estate from the estate of Steinbeck’s third wife Elaine. A Second Circuit Court of Appeals upheld a ruling from last year granting summary judgment in favor of Elaine Steinbeck’s estate and the McIntosh & Otis literary agency in a suit that included claims she had breached her fiduciary duty to act in the interests of all beneficiaries.Law 360 In Federal Court in Seattle yesterday Amazon argued on First Amendment grounds to have the state of North Carolina relinquish their demand for customer […]
Oh, Texas: Appeals Court to Hear Defamation Case While Education Officials Move to Limit Books that Cover Islam
Tomorrow the Texas Court of Appeals will hear arguments on behalf of author Carla Main and publisher Encounter Books, seeking to dismiss a defamation suit brought by Dallas develop H. Walker Royal. Royal’s suit has asked for a permanent injunction against further printing and distribution of the book. When the suit was first before a Texas judge, George F. Will wrote a column about “bulldozing freedom of speech,” saying the court was “being asked to collaborate in the suppression of a book.” He added: “Indeed, so slapdash are Royall’s accusations against Main that his suit seems to reflect nothing more […]
Posner and Simon & Schuster Sued for Infringement, As Publisher Faces Odd Campaign Finance Allegations As Well
In March Gerald Posner admitted his fall 2009 book MIAMI BABYLON included some passages from Frank Owen’s CLUBLAND. At the time, Posner blamed faulty research methodology, and said “if you use something from another book, a statement from another book, it needs to be in quotations, or if you take something and put it in your own syntax and grammar, you still need to cite it.” He promised to review his book further and revise the material. (This came a month after Posner resigned from the Daily Beast after it was found that he copied material from Miami Herald articles […]