Following US District Court Judge John Koeltl’s clear, unequivocal and overwhelming finding the Internet Archive guilty of “wholesale copying and unauthorized lending” of publishers’ books, the IA filed notice of appeal on the inauspicious day of Monday, September 11. Judge Koeltl’s ruling was deeply rooted in Second Circuit precedent, including multiple cases already adjudicated by the Second Circuit of Appeals, which has made crystal clear that there is no digital first sale doctrine. Internet Archive director of library services Chris Freeland admits in a posted statement, “We know this won’t be easy.” And he reasserts one of their core arguments […]
Legal
Authors Guild Helps Authors Demand Takedown from IA
Though the Internet Archive was found guilty of copyright infringement and forced to remove books from its website, the injunction itself only applies to books published by the plaintiffs–Hachette, Harper Collins, Wiley, and Penguin Random House–and there is a provision designed to include any other AAP member publishers who wish to do so. The injunction also only covers titles that are available in ebook editions, leaving out some print books that may have been self-published, published by small presses, or had their rights reverted (or even books where big houses have rights only to the print editions). In a blog […]
Judge To Enjoin Texas Book Ban Law
In a public status conference for the trial brought by bookstores and the AAP against Texas’s book ban law, Judge Alan Albright told lawyers for each party that he will be ruling for the plaintiffs and preventing any further action from the state. The judge said that he was not able to get a written order completed by the day the law was to take effect, Sept 1, and that it should be available in the next two weeks. The order will grant a preliminary injunction to the statute in its entirety, and deny the state’s motion to dismiss the […]
Scribe Media Resumes Operations Amid Multiple Lawsuits
Scribe Media has resumed at least some operations, and has reactivated some of their social media promotions and campaigns, after massive layoffs earlier this year. Though the company was looking for a buyer — and a small investment firm signed a letter of intent to acquire Scribe’s assets if they could get financing –there is no sign of that happening. According to a post in mid-July, prospective buyer Enduring Ventures had concluded during due diligence, like many others, “that the situation was a lot worse than our initial understanding.” Instead, they have “a consulting agreement…which allows us to work on […]
Appeals Court Strikes Down “Mandatory Deposit” of Books with the Library of Congress
Yesterday the United States Court of Appeals for the District of Columbia ruled in favor of small Virginia publisher Valancourt Books, finding that publishers should not be required to send physical copies of their copyrighted books to the Library of Congress. The process of a “mandatory deposit” of books to the LOC (Section 407 of the Copyright Act), without compensation from the government, was unconstitutional, the court said, reversing a lower court decision. Previously, the LOC claimed that the providing the books to the Library of Congress was related to copyright protection, and refusal to do so would result in […]
AAP, Others File Brief Against TX Book Ban Law
Plaintiffs including the AAP and bookstores Book People and Blue Willow have field a brief opposing Texas’s motion to dismiss their lawsuit against the state’s book ban law, which would require retailers to place ratings on books. The next hearing is scheduled for Monday, and the judge is expected to make a ruling before the law would go into effect on September 1. In their filing, the plaintiffs write, “Plaintiffs have suffered an injury-in-fact that is traceable to Defendants and that will be redressed by injunctive relief. Plaintiffs’ injuries are “imminent” because they will be barred from selling any books […]