Nearly a year after Judge Denny Chin was confirmed to the 2nd Circuit Appeals Court, and more than 13 months after his hearing on the Google Book Settlement, he finally ruled. the settlement “is not fair, adequate or reasonable” and is rejected. While Judge Chin outlines a number of concerns, he notes one fundamental change that could make it acceptable: change it from opt-out to opt-in, and Chin says, “I urge the parties to consider revising the ASA accordingly.” Of course that would literally change everything, not only removing the settlement’s attempt to provide a legal and business-driven solution to identifying […]
Legal
Infringe This: Apple Sues Amazon Over “Appstore” Name, While Microsoft Upset at B&N Over Nook OS Invented By Some Other Company
Yesterday provided an almost embarrassing wealth of stories highlighting how sensitive technology companies can be about supposed infringement – especially when what’s vexing them the most involves another company not involved in legal action at all. For Apple, the very fact that Amazon named its Android app store, well, “Appstore,” caused enough conniptions for them to file a complaint last Friday in Northern California Federal Court, Bloomberg reports. “Amazon has begun improperly using Apple’s App Store mark in connection with Amazon’s mobile-software developer program,” Apple said in the complaint. They trademarked the term “app store” in July 2008, a move […]
Bookselling: Joseph-Beth Up for Sale; ABA Expands Board; New Indies; And More
With creditors nipping at Joseph-Beth‘s heels, wondering how the independent bookselling chain will emerge from Chapter 11 bankruptcy, a new filing this week provided some more concrete answers – which demonstrates an outside savior appears to be the best hope. After initially closing four stores, Joseph-Beth will close a fifth store in Fredericksburg, VA before the end of June. The company is also putting itself up for sale, saying that it can’t come up with a reorganization plan that satisfies lenders, creditors and the bankruptcy court. “In the exercise of their business judgment, and to maximize the return to the […]
Borders Will Close 28 More Stores; Mortgage Defaults for Agree Realty
After a week of warning that it may close as many as 75 stores, the final tally for this newest round of store closures turns out to be just over a third of that initial projection. The 28 additional stores will close by late May; 7 are based in California and 2 each in Connecticut, Hawaii, Massachusetts, Indiana, Pennsylvania, and Washington State. Updated Borders store closure list The collateral damage also continues for Agree Realty, the publicly-traded company who rented more than 20 percent of its total real estate portfolio to Borders. Previously they disclosed a significant writedown of more […]
‘The Murder Room’ Author Capuzzo and Penguin Sued for Libel
Journalist Michael Capuzzo’s true crime book The Murder Room, about the inner workings of the Vidocq Society and published last August, is now under scrutiny in New Jersey District Court. Joan Crescenz quietly filed a libel lawsuit in January against Capuzzo and his publisher, Penguin imprint Gotham. At issue is the way in which Capuzzo characterized the relationship between one of his main subjects, the forensic sculptor Frank Bender, and Crescenz, his secretary for more than two decades. The book claims the relationship was sexual, and uses her name twelve times in the process of discussing the purported affair. Crescenz, […]
Borders Gets Extra Time to Renegotiate Leases
In Tuesday morning’s Omnibus hearing, Manhattan bankruptcy court judge Martin Glenn granted the bulk of Borders’ motions, including an extension of the deadline to renegotiate existing leases by an additional 90 days to September 14. The court also gave final approval on the $505 million credit facility pending several changes are made, including a provision giving the unsecured creditors committee $125,000, up from $50,000, to fund investigations of claims of secured lenders. Judge Glenn empathized with part of the creditors’ objection, noting that “when I look at the incremental cost of new money coming in, it’s pretty steep,” but he […]