It’s been pretty grey whether the judge presiding over the settlement of the Google Book Search settlement would have any compelling interest in the potential virtual monopoly that Google would be granted over electronic rights to orphan works, but now the Justice Department has opened an inquiry. The NYT says Justice notified the parties to the settlement “that they were investigating various antitrust issues related to the far-reaching agreement.” The paper adds, “The inquiry does not necessarily mean that the department will oppose the settlement, which is subject to a court review. But it suggests that some of the concerns […]
Lawsuit
Judge Extends Google Settlement Deadlines by Four Months
Judge Denny Chin postponed the key dates for the settlement agreement in the Google Book Search case by fourth months. The deadline to opt-out of the settlement entirely is extended to September 4, as is the deadline for objections and amicus briefs. The fairness hearing will be held on October 7. A new party has entered the scene as well. Yesterday a group of academic authors represented by Pamela Samuelson at the Berkeley School of Law had requested a six-month extension of the deadlines.
GBS Settlement Parties Request Delay
The plaintiffs and Google have filed a motion asking the judge to postpone the May 5 deadline for opting out of the proposed Google Book Search settlement agreement for two months, saying they “believe [it] would benefit the class by allowing it more time to consider its right and options.” The parties took this action after a group acting on behalf of some authors–including representatives of the Steinbeck and Philip K. Dick estates–wrote to Judge Denny Chin and filed a motion of their own on Friday asking for a four-month postponement. But the litigants say in their letter that they […]
Vig Sues Prince
Vigliano Associates filed suit against musician Prince in LA Superior County Court earlier this week, alleging that he designated them as the “exclusive agent with respect to the negotiations of a publishing deal” but then executed his deal directly with Atria for 21 NIGHTS and another book. Claiming wrongful avoidance of payment, Vigliano Associates is seeking commission due of $200,000, plus attorneys fees and other damages.Radar In other California lawsuits, Anna Nicole Smith’s half-sister Donna Hogan has sued Phoenix Books over her book TRAIN WRECK: The Life and Death of Anna Nicole Smith. As reported by TMZ, on the one […]
Agent Weisfeld Sues Faber and Author Lowe
Jarred Weisfeld at Objective Entertainment filed suit in a New York state court yesterday against FSG’s Faber imprint and Jamie Lowe, author of DIGGING FOR DIRT: The Life and Death of ODB (aka Ol’ Dirty Bastard, aka the late Russell Jones), alleging “malicious, false, defamatory and anti-semitic statements” and seeking damags of at least $10 million. The complaint says that Weisfeld is depicted “as a money hungry Jewish manager who was financially invested in ODB’s very soul,” and alleges that the basis of that description comes not from an actual press conference but rather from a parody depiction of that […]
New York Judge Rejects Amazon Tax Suit
Judge Eileen Bransten dismissed lawsuits by Amazon and Overstock challenging New York State’s Commission-Agreement Provision that levies sales tax on internet sellers who have affiliate relationships with people and companies in the state. Bransten found that the law “does not broadly tax any and all Internet sales to New York consumers. It requires a substantial nexus between an out-of-state seller and New York through a contract to pay commissions for referrals with a New York resident along with realization of more than $10,000 of revenue from New York sales earned through the arrangement. The neutral statute simply obligates out-of-state sellers […]