After our exclusive report in June on preliminary questioning underway from the anti-trust division of the Texas Attorney General’s office into pricing practices for ebooks immediately following Apple’s entry into the marketplace, a New York-based antitrust lawyer told us knowingly that other states were conducting similar inquiries but declined to provide any specifics. Now Bloomberg reports that at least one other player is Connecticut Attorney General Richard Blumenthal’s office, saying “the information was disclosed in an e-mailed statement.” The news service says they are “investigating agreements between the country’s largest e-book publishers and Amazon.com and Apple that may block competitors […]
Legal
Supreme Court to Hear Watch Case that Could Affect First-Sale Doctrine
If you’re a copyright geek you’ll be interested in the Omega watch case that the Supreme Court has agreed to hear in their next term. Omega used a copyrighted symbol on their back of their watches to thwart Costco and others from selling lower-priced grey market versions of the company’s watches in the US. The case is important because, in favoring Omega, the district and appeals courts ruled that the first-sale doctrine does not apply to goods first sold outside of the US, even if they are then imported for sale here. As the WSJ notes, “Constrain the first-sale doctrine […]
New Copyright Exceptions Open the Door Somewhat on Text-to-Speech
The Librarian of Congress published six new exemptions to prohibitions under the Digital Millennium Copyright Act that allow the relaxation of digital access in certain circumstances. Most general media is focused on the aspects that let iPhone owners legally overcome some of Apple’s strict rules, but the sixth and final change applies to ebooks and text-to-speech functionality. While TTS still ranks as one of the most overblown issues in the eBook Era, the new rule will certainly attract interest and may lead to some strategic changes. The published text now exempts: “Literary works distributed in ebook format when all existing […]
Briefs: Quick Ruling Possible in Burkle/B&N Trial; Figuring Out E-Book Bestseller Lists; and More
After final arguments in the trial stemming from Ron Burkle’s complaint about B&N’s poison pill measures, a Delaware court judge said B&N “may have responded in a reasonable manner last year”, and that he would try to issue a ruling quickly. He didn’t say how soon that would be and acknowledged his ruling may be appealed to the Delaware Supreme Court.AP The New York Times Book Review is now available as a standalone subscription for the Kindle. In related news, TIME’s Andrea Sachs wonders when e-books will be incorporated into the NYT and other bestseller lists, the way it now […]
People and Announcements
Lisa Richards has joined Macmillan as National Account Manager, representing all of the Macmillan Children’s Publishing Group’s imprints to retail accounts serviced by Levy, including Wal-Mart, Sam’s Club and Target. She has previously worked for TOKYOPOP, Viz Media, and Prima Publishing, and reports to Director of Children’s Sales Mark von Bargen. After 18 years with Hodder and Headline, James Horobin will join Simon & Schuster UK in the newly created role of Group Sales, Marketing and Brand Development Director. He reports to Executive Director Kerr MacRae. At Headline, Aslan Byrne becomes UK and International Sales Director with immediate effect, reporting […]
BN Trial: A Vote Against the Poison Pill May Trigger It Anyway
On the fourth and final day of testimony in Ron Burkle’s Yucaipa Delaware court suit challenging Barnes & Noble’s poison pill, board director Michael del Giudice testified that any investor holding more than 20 percent of the book seller’s shares decide to vote against the poison pill at the annual shareholder meeting in November, that move would itself would trigger the pill. “If they have an agreement or understanding to do so, that’s the problem,” said Del Giudice. But when pressed to define what, exactly “the problem” was that could trigger the pill, Del Giudice was more vague: “I don’t […]