We’ve been doing a lot of talking to other members of the press the last couple of weeks (mostly on background) helping to explain some of the details of the legal issues around ebook pricing — and we’ve been reading a lot of articles, as usual. There are two important errors/misunderstandings, both in press accounts and even among some well-informed industry people, that keep getting repeated as if fact, so we wanted to clear that up for you. 1. One is the idea that “Hachette is up first” according to the court’s schedule for staggered renegotiations of e-book contracts with […]
Legal
Apple Damages Trial Delayed Again to August 25 (or Later)
After the Appeals Court denied Apple’s motion for a stay of the ebook damages trial, Judge Denise Cote requested that Apple and the plaintiff states come up with a new schedule that would allow consumers enough time to be notified of the pending litigation (and whether they wish to opt out). The plaintiffs had indicated previously that Apple’s temporary stay and Appeals Court hearing rendered the scheduled July 14 trial date unworkable, but this is the first time the court has indicated a possible new date. As of now, the damages trial will be convened on August 25 at the earliest. According […]
Congressional Committee Hears Testimony On First Sale
As we noted last week, on Monday the House Subcommittee on Courts, Intellectual Property, and the Internet of the House Judiciary Committee came to New York City to hear testimony on the first sale doctrine and the potential reuse of digital files. Sub-committee chair Bob Goodlatte underscored in his opening remarks that: “Although some legal doctrines may be invisible to Americans, the first sale doctrine is not one of them. First sale has been such an integral part of our economy that entire businesses have been built upon it such as Blockbuster video stores and Netflix by mail. Consumer expectations […]
DOJ Dispatched to Talk to Publishers — As Weapon In Terms Negotiations?
The WSJ reported Monday night that “the Justice Department has gone back to the publishers asking about any recent pricing discussions they may have had with others in the industry, say people familiar with the situation.” The “inquiries” the paper refers to were “made in recent weeks by letter,” just as at least two publishers are in negotiations with Amazon. The Journal adds, “The significance of the Justice Department’s latest move isn’t clear. The inquiries don’t necessarily mean any legal action is imminent or even likely, a person familiar with the situation said.” But it sure sounds intimidating, doesn’t it? The […]
Judge Temporarily Blocks Hastings Merger, Schedules Hearing On Shareholder Suit
A Texas US District Court has granted a temporary restraining order “restricting” the proposed merger between retailer Hastings and companies controlled by National Entertainment Collectibles Association owner Joel Weinshanker. The court has scheduled a June 12 hearing on a shareholder lawsuit alleging that the purchase price is “insufficient consideration” and charged that the officers and directors of Hastings “breached their respective fiduciary duties in the course of negotiating and approving” the merger. The buyout offer is for $3 a share, but the plaintiffs indicated earlier they believe the company may be worth $5 a share or more. If the $21.4 million buyout is […]
Writers Coffee Shop Sued By Former Business Partner Over Share of FIFTY SHADES Proceeds
The complicated publication path of EL James’ FIFTY SHADES trilogy has finally yielded legal action, as James’ first publisher, Australian-based The Writers Coffee Shop owner Amanda Hayward, was sued last week in a Texas state court by her former business partners Jennifer Pedroza and Christa Beebe, for a share of the massive proceeds from the trilogy. According to the 48-page complaint, obtained by Courthouse News, “This is a case about greed and self-dealing by Amanda Hayward in conning her business partner Jenny Pedroza out of her rightful partnership interest in advances and royalties flowing from the New York Times best-selling […]