Last week Wiley filed suit in Manhattan federal court against 27 John Doe defendants who illegally downloaded various FOR DUMMIES titles from Ukraine-based Torrent website demonoid.me on October 18 and 19. The John Does are identified for now only by their IP addresses, all within the state of New York. Wiley claims in the suit that these defendants “are contributing to a problem that threatens the profitability of Wiley. Although Wiley cannot determine at this time the precise amount of revenue that it has lost as a result of peer-to-peer file sharing of its copyrighted works though BitTorrent software, the […]
Legal
Copyright Office Outlines Forthcoming Projects
The US Copyright Office published a report on their priorities and special projects for the next two years, which is something between a wishlist and a to-do list. A number of their topics for further study are items that had been forestalled by the now-rejected Google Books Settlement–and still might not move forward since to a large extent they require action by Congress. Nonetheless, the office has prepared preliminary analysis “identifying the issues related to mass book digitization—developments” and plans on further “research and policy discussions.” They say they “will continue to provide analysis and support to Congress” on dealing with […]
In Countersuit, Kampmann and Midpoint Trade Claim Kump “Misappropriated Trade Secrets”
On October 17 Midpoint Trade Books ceo Eric Kampmann and Midpoint director and minority shareholder Christopher Bell filed their response to Midpoint co-founder Gail Kump’s lawsuit, in which she alleged breach of fiduciary duty, breach of contract, and other corporation law violations. After categorically denying Kump’s claims, Kampmann and Bell add five counter-claims of their own, asking for a total of $5 million in damages on the grounds that Kump misappropriated trade secrets, breached her duties as an officer and director of Midpoint, and created “torturous interference with ongoing contractual relationships.” They assert that Kump’s employment by the National Book […]
Still More Law Firms Want A Piece of Class-Action Agency Suits, As Pretrial Conferences Loom
There have been some new developments since we reported in August on the growing number of class action-seeking lawsuits launched against Apple and the six largest trade publishing houses on the grounds that the agency model violates antitrust laws. Between August 12 and September 23, at least a dozen additional suits were filed in California’s Northern District and New York’s Southern District, each alleging “conspiracy” and “collusion” to fix ebook prices against Apple and the publishers. Of greater importance now than the volume of suits is process by which the California and New York cases are slowly towards consolidation. In […]
Julian Assange WikiLeaks Canongate
It will come as no great surprise that Julian Assange has released correspondence with Canongate and purported transcripts of apparently-taped phone calls with Canongate publisher Jamie Byng. Though Canongate published the unauthorized draft in part due to admitted “financial imperative,” according to an email from Assange’s agent Caroline Michel, by going ahead with publication, Canongate now is obligated to pay Assange, “in accordance with the agreement, the remaining amounts of £225,000 on delivery of the complete manuscript and £175,000 on first UK publication.” (That should provide enough to pay back Knopf and still leave some for Assange.) As we noted […]
Palin Accuses McGinniss of Defamation and “May” File Claim
Sarah Palin’s Anchorage attorney has written to Crown, saying that Joe McGinniss’s book THE ROGUE “defamed” the Palins and that both the publisher and author “clearly knew the statements were false [and] admitted they had no basis in fact or reality.” The letter advises “that a claim may be brought against you.” (Or national attention for the threat may turn out to suffice.) It also lays out an argument that would have to be made before a court that McGinniss somehow “waived the attorney client privilege” when he made a casual reference in an email to what the Random House […]