The fanciful class action suit against Amazon and the five largest trade publishers, alleging that publishers were willing and direct participants in Amazon achieving monopoly-level control of the ebook market, is back in an amended version. At the end of September, US District Judge Gregory Woods had dismissed the case, but without prejudice, allowing the plaintiffs to refile, though it’s not clear why this new version should go any further than the previous suit. Federal Magistrate Judge Valerie Figueredo previously had concluded that the plaintiffs gave “no plausible explanation for why the publishers would have been motivated to participate in […]
Legal
Prescott Prevails on Primary Charges of Plagiarism By Pasternak
In the long-running case brought in the UK by Boris Pasternak’s great-niece Anna Pasternak against Lara Prescott, author of the novel THE SECRETS WE KEPT, alleging copyright infringement of Pasternak’s nonfiction book Lara: The Untold Love Story and the Inspiration for Doctor Zhivago, UK Justice Edwin Johnson found in favor of Prescott on all of the major claims. If you are a fan of close textual reading, the dense 149-page ruling is a substantial work that stands on its own. Broadly, Justice Johnson was “satisfied that the defendant used Lara only as a secondary source,” calling it “obvious when one […]
Educational Publishers Settle Shopify Piracy Lawsuit
Five educational publishers–Macmillan Learning, Cengage Learning, Elsevier, McGraw Hill, and Pearson Education–have settled a lawsuit accusing e-commerce platform Shopify of allowing textbook piracy, Reuters reports. In a joint filing, both parties requested that the case be dismissed with prejudice so it cannot be filed again, and said that each will “bear their own fees and costs.” Representatives from the publishers and Shopify told Reuters that the case was resolved “amicably” and the settlement terms were not disclosed. The publishers brought the suit against Shopify last year, accusing the company of turning a “blind eye” to users selling pirated textbooks. They […]
Judge Dismisses Two Antitrust Suits Against Amazon and Big 5
A federal judge ended two longshot lawsuits against Amazon and the industry’s five biggest publishers, upholding recommendations from a magistrate judge last month. US District Judge Gregory Woods dismissed the cases without prejudice, and the plaintiffs can refile if they choose. One suit was brought in the name of Illinois bookseller Bookends & Beginnings, accusing the publishers of colluding with Amazon to offer special discounts on print books. Federal Magistrate Judge Valerie Figueredo contended that collaboration on terms is both legal and logical. The other lawsuit, brought by class action specialists on behalf of consumers, alleged a tortured theory that […]
Congress Said to Prepare Resolutions Opposing School Book Bans
Following the alarming rise of selective local banning of books in various school systems, both the House and Senate are reported to be preparing resolutions “to protect the rights of students to learn.” Resolutions are expression of sentiment, however, and are not laws. From coverage in Politico, which has seen a draft, the resolution “expresses concern about the spreading problem of book banning and proliferating threats to freedom of expression in the United States” and “reaffirms the United States’ commitment to supporting writers’ freedom of expression, and the freedom of all Americans to read books without government censorship.” It also […]
Judge Florence Pan Elevated to Higher Court
As expected, the Senate confirmed the elevation of Judge Florence Pan — who is currently deciding the PRH-SS antitrust trial — to the US Court of Appeals for the District of Columbia. It has not yet been announced when Judge Pan will assume her new role, or what effect the news will have on the timing of her antitrust trial ruling. The DC appeals court is considered the second most important court in the country because of its decisions on government cases, and this marks the second time she has taken a seat vacated by Supreme Court Justice Ketanji Brown […]