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Copyright
No Delay in Google Case: Chin Affirms Current Schedule; Accepts Library Group Amicus Brief
In an August 15 order, Judge Denny Chin accepted a joint amicus brief from the Library Copyright Alliance, a coalition of three major library groups, as well as a brief both in support of Google in the Authors Guild vs. Google case.
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Content / e-books
Apple, Publishers File Opposition to Proposed DoJ Settlement
The first words of its filing say it all: "Apple has not settled with the Government." Within the five-page limit imposed by Denise Cote, Apple yesterday voiced opposition to the government's proposed settlement with three publishers (Hachette, S&S and HarperCollins) in its e-book price-fixing case.
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Copyright
Second Circuit to Hear Google Appeal in Authors Guild Case
In yet another twist, the Second Circuit Court of Appeals yesterday agreed to hear Google's appeal of Judge Denny Chin's May 31 decision granting the case class action status and naming the Authors Guild an associational plaintiff.
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Copyright
Final Order in GSU E-Reserves Case Is a Rebuke to Publishers
On August 10, Judge Orinda Evans filed her final order for relief in the Georgia State University e-reserve case, flatly rejecting the plaintiff publishers' sweeping proposal and, in a stunning development, ordering the publishers to pay the defendants' attorneys' costs.
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Content / e-books
Attorney, Music Industry Vet Asks to File Amicus Brief in DoJ Price-Fixing Case
California attorney and music industry veteran Bob Kohn has asked Judge Denise Cote for permission to file an amicus brief in connection with the DoJ’s price-fixing settlement in order "to correct potentially misleading statements of law contained in the DOJ Response."
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Content / e-books
ALA Releases Report on Library E-book Business Models
Responding to what it calls "urgent member concerns," the American Library Association's Digital Content & Libraries Working Group released a brief informational report on the e-book market.
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Content / e-books
University of Chicago Press Partners with OUP on E-book Platform
The University of Chicago Press today has inked and agreement to partner with Oxford University Press to launch Chicago Scholarship Online via OUP’s University Press Scholarship Online (UPSO) platform.
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Copyright
Damages Could Exceed $1 Billion in Authors Guild Case Against Google
If the Authors Guild prevails in its legal battle over Google’s library book scanning program the search giant could theoretically be on the hook for over $1 billion in damages.
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Copyright
Authors Guild, HathiTrust Submit Final Briefs in Digitization Case
Fair use—or not fair use? That is the question, as attorneys for the Authors Guild and the HathiTrust on July 27 filed the final round of briefs connected to their motions for Summary Judgment in Authors Guild vs. HathiTrust.
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Copyright
Google Says Book Search is Fair Use
After nearly seven years of public wrangling, it’s finally here: Google’s long anticipated, full-throated fair use defense for its library scanning program.
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The Tools of Change Perspective
Putting a Price on Value: The ToC Perspective
As the downward pressure on e-book prices continues to increase, publishers should pause long enough to realize that there is no need to have a race to the bottom, to the free e-book. Publishers themselves really are the ones to blame for the emerging pricing situation, as they continue to treat e-books like digital replicas of print books, doing quick text-to-digital conversions, which typically don’t even offer the same capabilities as the print versions—try sharing your latest great e-book with a friend. It’s no wonder the consumer value perception of e-books is in question.
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Retailing
ReDigi Plans to Sell Used E-books
For serial entrepreneur John Ossenmacher, cofounder, president, and CEO of ReDigi, which bills itself as “the world’s first pre-owned digital marketplace,” the copyright infringement case filed by Capitol Records in U.S. District Court in Manhattan at the start of the year to shut it down is only a “hiccup in the road.” ReDigi, which launched its Web site (redigi.com) with used digital music late last year, is poised to start reselling e-books once the case is resolved.
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Content / e-books
Penguin Lodges Appeal in E-Book Consumer Case
Lawyers for Penguin yesterday filed a petition with U.S. Second Circuit Court of Appeals challenging district Judge Denise Cote's June 27 decision denying the publisher's motion to compel arbitration for Amazon and Barnes & Noble e-book customers in the consumer class action case derived from an alleged e-book price-fixing scheme.
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Financial Reporting
Oxford University Press Posts Strong Results
It may still be a tough economy, but in its annual report released this week Oxford University Press posted strong growth. Globally, OUP saw a 10% growth in sales, with revenue of £695 million—that’s over $1 billion for the fiscal year ended March 31.
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Copyright
Plot Thickens as Authors Guild, HathiTrust Submit Opposition Filings
Complex copyright law and fair use issues may lie at the heart of the Authors Guild vs. Hathitrust case, but in opposition filings submitted by the parties last week, another institution also seems to be on trial: Congress.
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Copyright
Library Groups, EFF Hit Back in HathiTrust Case
In its initial complaint last year, the Authors Guild accused the HathiTrust of “ignoring the interests of copyright owners” and failing to allow Congress to “determine the requirements and safeguards that will govern the use of digital libraries.”
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Trade Shows
Milan's If Book Then Summer Edition Conference Tracks the Digital Transformation
At the excellent one-day summit If Book Then: Summer Edition, over 80 leading publishers had a very good excuse to find themselves inside the beautiful Università Cattolica del Sacro Cuore.
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Content / e-books
OverDrive Establishes Australian Office
OverDrive this week announced the opening of a new office in Melbourne, Australia, in an effort to expand its presence in Australia, New Zealand and throughout the Asia Pacific region. The expansion comes after the acquisition of Booki.sh, the Australian e-book company, in March.
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Copyright
HathiTrust, Authors Guild File Motions in Digitization Battle
On June 29, the parties in the Authors Guild vs. HathiTrust filed motions for summary judgment, with the Authors Guild asserting that it should win because the library defendants have no viable defense.
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Copyright
In Supreme Court Filing, Libraries Say Decision in Wiley Suit Threatens Lending Rights
It is libraries’ inability to acquire and lend e-books that has grabbed the headlines, but according to an amicus brief filed with the Supreme Court on July 3, libraries’ ability to lend print books is also under threat.