Just over 10 years after the Authors Guild first filed suit against Google’s scanning of library books, the Second Circuit Court of Appeals unanimously confirmed District Court Judge Denny Chin’s 2013 ruling that the project qualifies as fair use under the copyright ruling. In a decision just as sweeping as Judge Chin’s own definitive conclusion rejecting all the Guild’s arguments, the Appeals Court also found in Google’s favor across the board. With their affirming opinion — and following a string of court losses in the original case and a related case against the nonprofit Hathi Trust built on parts of Google’s scanning — […]
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People, Etc.
At Penguin Random House, Alison Rich has been appointed vp, publishing innovation development, reporting to Nina von Moltke, where she will work cross-company to identify and develop new author platform and business and services opportunities. Previously she was vp, executive director of publicity at Doubleday and associate publisher at Nan A. Talese Books. Springer ceo Ted Nardin is retiring after more than 10 years with the company. Succeeding him is Mary Gatsch, previously vp, global medical reference unit at Elsevier Supreme Court Judge Ruth Bader Ginsburg granted Apple’s request for an extra thirty days to file for cert in the […]
Germans Ask For Second Investigation, Into Amazon’s Audio Empire
After helping to spur a European Commission investigation into Amazon’s ebook contracts with publishers, announced this June, Germany’s Publishers and Booksellers Association filed a new complaint with Germany’s Cartel Office and the EC. Now they are asking for additional scrutiny of Amazon’s Audible subsidiary, accusing the company of misusing the leverage from a near-monopoly in digital audiobooks. German accounts claim Audible wants to move publishers to a “flat-rate” service, and has threatened to stop offering publishers’ product if they do not agree to the new terms. Association head Alexander Skipis says, “The business model of Amazon and Audible is aimed […]
More From Apple’s Preliminary Supreme Court Appeal
Further to our Thursday morning story on Apple’s brief asking the Supreme Court for an extra month to file an appeal of the antitrust verdict against them in the ebook pricing case, we have reviewed the full filing and can update you with further details. As a government web site explains, “The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.” Consistent with that standard, while asking for an extension — […]
Apple Plans Supreme Court Appeal, Requests More Time to File
With a Friday deadline looming (as we described on Monday), attorneys for Apple have asked the US Supreme Court to extend the time in which they can file a petition for a writ of certiorari — the mechanism by which they ask the high court to hear an appeal of the verdict finding them guilty of antitrust violations in launching the iBooks Store. They have asked for the one month delay that is allowed for, moving the filing deadline from September 28 to October 28. As we noted in the earlier report, the request goes to Justice Ruth Bader Ginsburg, who oversees such […]
Author Solutions Case Closes with Indiana Settlement
Three weeks after settling a long-running lawsuit in the state of New York over fraud, violation of consumer protection acts, and unjust enrichment, Author Solutions has now settled similar outstanding legal actions in Indiana, effectively bringing the entire case to a close. Judge Denise Cote had denied class certification to the plaintiffs in the New York case, but the plaintiffs were still hoping to obtain class certification in Indiana (where ASI is based). ASI issued a statement Tuesday saying the New York and Indiana suits were resolved “without any finding or admission of wrongdoing on the part of Author Solutions or its affiliates. […]