Tag Archives: lawsuits

Kentucky appeals court considers cases that threaten funding for dozens of libraries

“Most of the state’s public library systems could be forced to roll back their tax rates and collectively refund millions of dollars to local taxpayers under a pair of lawsuits heard Monday by the Kentucky Court of Appeals. The suits, filed by taxpayers in Kenton and Campbell counties, argue that many library districts have improperly raised taxes for decades without the 51 percent voter approval required by a previously obscure 1964 state law.” (via Kentucky.com)

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Google should pay authors for scanned books, U.S. appeals court told

“Google Inc’s massive effort to scan millions of books for a digital library violates copyright law, illegally depriving authors of licensing fees, royalties and sales, a lawyer for a group of authors told a U.S. appeals court on Wednesday. Paul Smith, who represents the Authors Guild and several individual writers, told a three-judge panel at the 2nd U.S. Circuit Court of Appeals in New York that the Google Books project was a “quintessentially commercial” infringement designed to protect the company’s “crown jewel” search engine.” (via Reuters)

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Apple Settles E-Books Pricing Case With States, Consumers

“Apple Inc. reached a settlement with U.S. states and consumers seeking damages over the company’s fixing of electronic book prices, avoiding a trial in which it faced as much as $840 million in claims. The trial set for July involved cases related to a ruling last year that company had orchestrated an illegal scheme with publishers to raise e-book prices.

A federal judge in Manhattan today ordered Apple and its adversaries to submit a filing seeking approval of their accord within one month. Details of the agreement weren’t disclosed.” (via Bloomberg)

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COURT: SEARCHABLE BOOKS DATABASE IS ‘FAIR USE’

“The creation of a full-text searchable database of millions of books is a fair use of copyrighted works, a federal appeals court ruled Tuesday, saying it also is permissible to distribute the books in alternative forms to people with disabilities. The 2nd U.S. Circuit Court of Appeals’ decision came in a lawsuit brought by authors and several authors’ groups after several research universities agreed in 2004 to let Google Inc. electronically scan their books and then created a repository for more than 10 million books published over many centuries and written in numerous languages.” (via The Associated Press)

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Lawsuit Questions NYPL Overhaul

“A group of scholars has filed a third lawsuit aiming to block the New York Public Library’s controversial renovation, this time alleging that former Mayor Michael Bloomberg mishandled the city’s environmental review of the project. The lawsuit, filed Wednesday in New York State Supreme Court in Manhattan, criticizes Mr. Bloomberg for issuing a decision on the project’s environmental impact on Dec. 17—the same day the library submitted the final draft of its application.” (via WSJ.com)

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Authors Guild asks US court to rule against Google

“Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project. The Guild filed papers with the 2nd U.S. Circuit Court of Appeals in Manhattan, saying that Google’s effort to create the world’s largest digital library was violating the rights of authors and stifling competition in the busy Internet book sales market. Google declined to comment on the Authors Guild’s effort to reverse a November ruling in favor of the Mountain View, Calif.-based company.” (via AP)

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ARL Disappointed with Court Ruling on Network Neutrality

“On January 14, the US Court of Appeals for the District of Columbia Circuit overturned the Federal Communications Commission’s (FCC) Open Internet Order’s anti-discrimination and anti-blocking rules, a regulation governing network neutrality. The court’s ruling striking down the Open Internet Order could result in Internet service providers providing prioritized delivery for those willing to pay to promote their content, advancing commercial interests over research library and higher education interests. Although the DC Circuit rejected the Open Internet Order, the court upheld the FCC’s authority to regulate broadband services, thus leaving open the possibility of the FCC reclassifying broadband providers or redrafting its network neutrality rules in accordance with the opinion.” (via ARL)

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Nonprofit Suing Library of Congress Loses Appeal

“The Library of Congress should not face claims over its refusal to recognize a nonprofit as an employee organization, the D.C. Circuit ruled. The Howard R.L. Cook & Tommy Shaw Foundation for Black Employees of the Library of Congress sued a librarian at the Library of Congress after he denied recognizing them as an employee organization in 2008. The decision denied the group benefits that are afforded to recognized employee organizations, which include the right to host activities using Library facilities and posting materials on the Library’s bulletin boards.” (via Courthouse News Service)

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Judge Tosses Booksellers’ Suit Against Publishers, Amazon

“Federal Judge Jed Rakoff has dismissed a lawsuit filed by independent booksellers against Amazon and the big six publishers that alleged a murky conspiracy to restrain trade via Amazon’s use of proprietary DRM in its Kindle e-reading platform. In his 18-page decision tossing the suit, Rakoff found that the booksellers’ core claim—that the publishers had engaged in a conspiracy with Amazon to keep rivals from selling e-books on the Kindle—had no supporting evidence, and no plausible motive.” (via Publishers Weekly)

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Utah man sues Sugar House library after being told he stinks

“After being asked to leave a Sugar House library because of his lack of hygiene, a Utah man is suing the Salt Lake City Library for $25,000 — and he wants his library card re-activated. According to a lawsuit filed in 3rd District Court Wednesday, the man wrote that over the summer, he was banned from the public library at 2131 S. 1100 East by a librarian “who said that I smelled and I was unclean.” After being asked to leave a Sugar House library because of his lack of hygiene, a Utah man is suing the Salt Lake City Library for $25,000 — and he wants his library card re-activated. According to a lawsuit filed in 3rd District Court Wednesday, the man wrote that over the summer, he was banned from the public library at 2131 S. 1100 East by a librarian “who said that I smelled and I was unclean.” (via The Salt Lake Tribune)

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