As expected, on Wednesday the full details of the proposed settlement agreement in Apple’s ebook pricing litigation were filed with Judge Denise Cote. (Previously, the terms of the agreement had not been announced.) In a “pragmatic settlement,” the parties agreed to three possible outcomes, which could have Apple paying as much as $450 million. But no payments will be made any time soon, since it hinges on “resolution of Apple’s appeal,” which could be a long time away depending upon how far they are able to pursue it. If Apple ultimately loses their current appeal, they will pay $400 million in […]
Legal
FTC Sues Amazon for Knowingly Allowing Children to Incur App Charges without Parental Approval
The Federal Trade Commission filed suit against Amazon in the U.S. District Court for the Western District of Washington, ask the court to order refunds of “millions of dollars in unauthorized in-app charges incurred by children” through apps in the Amazon appstore and on devices such as the Kindle Fire. FTC Chairwoman Edith Ramirez said in annoucing the suit, “Amazon’s in-app system allowed children to incur unlimited charges on their parents’ accounts without permission. Even Amazon’s own employees recognized the serious problem its process created. We are seeking refunds for affected parents and a court order to ensure that Amazon […]
Open Road Says Harper Looks to Intimidate Other Authors
On Friday Open Road filed their reply to HarperCollins’ demand for the maximum statutory damages, over $1 million in legal costs, and a permanent injunction following the District Court’s finding that Open Road’s digital edition of Jean Craighead George’s JULIE OF THE WOLVES infringed Harper’s rights. Open Road argues that Harper “overreaches in its attempt to leverage the Court’s narrow ruling concerning a single work into remedies that would be grossly unfair and unwarranted to Open Road, and which would unduly prejudice the rights of many authors.” First and foremost, they object to the request that the court block Open […]
Shareholders’ Suit Won’t Block Hastings Sale
At the end of last week, a Texas District Court judge rejected shareholders’ request for a preliminary injunction blocking the proposed buyout of Hastings by National Entertainment Collectibles. The court did not find “a substantial likelihood of success on the merits” for the plaintiffs, though this ruling does not block the shareholders’ lawsuit from going forward. It simply denies any expedited discovery, and means the suit will not prevent the merger from going forward. The court recognizes that “a judgment for money damages is a potential post-merger appraisal remedy.” Ruling
Appeals Court Upholds Ruling That Pre-1923 Sherlock Holmes Stories Are in Public Domain
The 7th Circuit Court of Appeals upheld a 2013 lower court ruling holding that 46 Sherlock Holmes stories and four novels created by Arthur Conan Doyle before 1923, along with the signature characters in those books such as Holmes and Dr. Watson, are in the public domain. The original suit by Leslie Klinger sought clarification after the Conan Doyle Estate demanded (and received) $5000 in licensing fees for an anthology of new fiction featuring Sherlock Holmes published by Random House, then demanded additional fees for a follow-up anthology slated for publication by Pegasus. Klinger won that suit last December, after which […]
Apple Settles with States & Consumers In Sealed Agreement
Apple has agreed to settle with the plaintiff states and consumer class in an agreement filed under seal with Judge Denise Cote late Monday. The amount they will pay has not been disclosed yet, and the tendering of those payments is dependent upon the outcome of Apple’s appeal of the verdict against them — so it would be some time before any of those monies are dispersed. Those terms are likely to be revealed in a second filing, by mid-July. In a letter from Steve Berman of Hagens Berman, on behalf of the plaintiff parties, he writes that all sides […]