A battle is brewing in advance of the Thursday afternoon court hearing on Barnes & Noble’s $13.9 million bid to acquire most of Borders’ intellectual property, including their extensive customer databases. This dispute focuses on recommendations of consumer privacy ombudsman Michael St. Patrick Baxter, at Covington & Burling. Not only does BN say “implementing all of the recommendations contained in the report would destroy the value of the transaction from Barnes & Noble’s perspective,” but they accuse Borders of withholding those recommendations (as well as correspondence from the FTC and state Attorneys General) in advance of the auction. They write […]
Legal
Canongate Will Publish Assange Memoir Against His Wishes, While Knopf Cancels
The man who made countless national secrets transparent without permission now faces a bit of turnabout, as Wikileaks founder Julian Assange’s memoir is set to be published tomorrow, over the author’s apparent objection. Canongate will release the book in the UK, but will present it as “an unauthorized biography” since by their own account the author wanted to cancel the contract. Canongate says Assange “had already signed his advance over to his lawyers to settle his legal bills” and did not pay them back, so the house “decided to honour that contract and to publish. Once the advance has been […]
People, Etc.:
At this morning’s BISG annual meeting, the organization confirmed that vice chair Ken Michaels is now serving as co-chair of the organization’s board, alongside Dominique Raccah, who will step down from her position in a year. (Raccah took over as sole chair of the board last November when co-chair Andrew Weber left Random House.) Little, Brown, John Parsley has been promoted to executive editor. He joined the company in the fall of 2007. David Moldawer has joined Amazon Publishing as senior editor for the New York-based trade group, run by Larry Kirshbaum. Previously he was a senior editor at McGraw-Hill. At […]
Library Admits Flaws, Postpones Orphan Release–Yet Vows to Continue
The University of Michigan has taken the logical and appropriate step following the Authors Guild’s swift ability to show that the “due diligence” process for finding potential owners of supposed orphan works before treating those books as available for free distribution was fatally flawed. They said in a statement today, “The close and welcome scrutiny of the list of potential orphan works has revealed a number of errors, some of them serious. This tells us that our pilot process is flawed. “Having learned from our mistakes—we are, after all, an educational institution—we have already begun an examination of our procedures […]
Chin Approves Schedule for Discovery and Motions Moving to Google Books Trial
At today’s court hearing to update Judge Denny Chin, the parties to the Google Books case brought no dramatic reports of progress on a settlement (as widely expected), despite the judge’s warning the last time around to work out a deal or prepare to litigate. So Judge Chin followed through on his promise and scheduled a pathway to trial, albeit a slow one. Attorney Michael Boni, speaking for the Authors Guild only this time, said the authors organization remains in “active discussions” with Google about a settlement as part of a “parallel track” of preparing for litigation. Representatives of the […]
Authors Guild Locates HathiTrust “Orphan” Owner In Minutes, Questioning Entire Process
The legal questions raised by the Authors Guild in their lawsuit earlier this week have just begun, but any notion that the HathiTrust’s process for diligently seeking potential rightful owners of “orphan works” before providing the full text for download is sufficient has been easily punctured. Yesterday, after some “cursory research into some of the names on the list,” the Guild quickly found one rightful owner: J.R. Salamanca, a professor emeritus at the University of Maryland, actively represented by John White of the John White Literary Agency. LOST COUNTRY, his book listed as an orphan, was made into the Elvis […]