As we suggested was in the works in this morning’s Publishers Lunch, HarperCollins filed suit against Gawker late Friday in the US District Court in Manhattan, claiming that the web site’s publication of images of 21 pages from Sarah Palin’s new 304-page book ahead of its release is copyright infringement. Harper asked to have the pages removed and is seeking financial damages, and also sought the return of the copy of the book itself, the AP writes.. Gawker did not respond to a request for comment from the wire service, which says that the site “refused to take down [the […]
Legal
Hachette Livre and Google Craft Their Own Settlement for French Books
Hachette Livre in France, which filed multiple objections to the still-pending Google Books Settlement, announced today “a memorandum of understanding that defines the terms for Google to scan Hachette Livre’s French language books” that effectively substitutes direct agreement for what the settlement had originally proposed for “commercially unavailable” books from around the world. The parties have six months of “fine tuning” to craft a binding agreement, and they envision the agreement as a template whose “basic terms and conditions will be made available to all French publishers.” Like the settlement, the agreement focuses on in-copyright, “commercially unavailable” works published by […]
Seattle Judge Agrees with Amazon’s First Amendment Argument and Blocks North Carolina’s Sales Tax Request
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
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 […]