Former secretary of Defense Mark T. Esper’s memoir A Sacred Oath, about his experience working under the Trump administration, will be published by William Morrow in May with “minimal redactions,” after the Department of Defense reversed its decision to block sections that contained information they claimed was classified. Esper sued the DOD in November, claiming the agency redacted “multiple words, sentences, and paragraphs from approximately sixty pages” with “no written explanation” to justify the deletions. Following the Pentagon’s announcement that it had reversed its decision, Esper dropped the lawsuit. Esper’s lawyer, Mark S. Zaid, said in a statement, “The prepublication […]
Legal
Maryland Concedes They Are Regulating Where Congress Would Not Go
In a bizarre reply to the AAP’s request for a preliminary injunction, the state of Maryland both concedes and underscores that Congress specifically declined to create a first sale doctrine for digital goods, leaving it to the marketplace to adapt. Unhappy with that decision and its effect, Maryland has elected to regulate the marketplace for copyrighted goods, in conflict with Congress and the law. They justify that with the novel suggestion that once copyrighted goods are offered to the marketplace, they have magically “left the world of copyright” — except they haven’t — and “entered the marketplace for such transactions,” […]
AAP Further Exposes Flaws In Maryland’s Library Law
The AAP reinforced their case in asking for a temporary restraining order blocking Maryland’s new library ebook/digital law, replying on Friday to the state’s weak defense. As the AAP’s new brief underscores, Maryland’s own legal reply lays bare their ploy of insisting their law is just about consumer protection while rooting the justification in complaints about copyright: As they put it: “Maryland opens its brief by stating, ‘This case is not about copyright protection,’ but follows with an extensive discussion that proves the opposite.” As a result, “Maryland’s attempts to justify the Maryland Act make the case for why it […]
Maryland Claims eBook Lending Law Is About “Consumer Protection” Not Copyright, But Clearly Seeks to Remedy Lack of Digital First Sale Doctrine
The state of Maryland filed their reply to the AAP’s motion for a preliminary injunction blocking the state’s new library ebook law while the matter is litigated. The state claims the interference with Federal copyright law is incidental and accidental rather than primary: The AAP’s complaint, they write, “rests on the mistaken assumption the Maryland Act is a copyright law and not a regulation of unfair trade practices. State copyright laws are preempted by federal law, but State laws restraining unfair trade practices are not…. The Maryland Act, by contrast, is a consumer protection statute regulating reasonable terms regarding licensing […]
Is Admitted Felon Paul Manafort Allowed to Make Money From His Book?
Former chief of the criminal fraud section of the Department of Justice Andrew Weissman points out that news of Paul Manafort’s forthcoming book from Skyhorse raises some interesting questions. His plea agreement with the government — in which he admitted to money laundering, tax fraud, violation of the Foreign Agents Registration Act, conspiracy to obstruct justice while tampering with witnesses and other crimes — was designed to ensure that he would not profit from writing about his crimes: “Your client agrees not to accept remuneration or compensation of any sort, directly or indirectly, for the dissemination through any means, including […]
Bernardini Released on Bail
Accused manuscript thief Filippo Bernardini is at large in New York after pleading not guilty to charges of wire fraud and aggravated identity theft. Magistrate Judge Robert Lehrburger set bail for $300,000 — which was secured by the London home of Bernardini’s partner, who was at the hearing. Represented by Hannah McCrea at the nonprofit Federal Defenders of New York, Bernardini surrendered his passport and will stay with a friend in the West Village. McCrea said, “This is a very humbling experience. He intends to take it seriously.” Assistant US Attorney Daniel Nessim said Bernardini was an “overwhelming” flight risk, […]