Tag Archives: lawsuits

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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Freedom to Read Foundation and ALA file brief in lawsuit challenging Arizona ethnic studies ban

“The Freedom to Read Foundation (FTRF) yesterday joined with the American Library Association and several other library, education and free speech organizations in filing an amicus brief with the Ninth Circuit Court of Appeals in Arce v. Huppenthal, a lawsuit challenging the constitutionality of Arizona Revised Statute § 15-112(A). The brief argues that the statute, which led to the disbanding of Tucson’s Mexican American Studies (MAS) program, violates Arizona students’ First Amendment rights to receive information and is unconstitutionally overbroad.” (via ALA)

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Michigan Supreme Court rejects appeal from library whose anti-gun policy was struck down

“The Michigan Supreme Court won’t upset a lower court ruling that prohibits a Lansing-area library from banning guns. In a 6-1 decision, the court says it won’t hear an appeal from the Capital Area District Library in Ingham County. The library banned weapons at its branches, but the state appeals court last year struck down that policy.” (via AP)

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Libraries applaud dismissal of Google Book Search Case

“After eight years of litigation, the U.S. District Court for the Southern District of New York today upheld the fair use doctrine when the court dismissed Authors Guild v. Google, a case that questioned the legality of Google’s searchable book database. The Library Copyright Alliance—which is comprised of the American Library Association, the Association of College & Research Libraries and the Association of Research Libraries—welcomes Judge Denny Chin’s decision to protect the search database that allows the public to search more than 20 million books. In his dismissal of the case, Judge Chin enumerated the public benefits of Google Book Search by calling the project transformative and a fair use under the copyright law.” (via ALA)

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Google prevails over authors in book-scanning U.S. lawsuit

“Google Inc on Thursday won dismissal of a lawsuit by authors who accused the Web search and media group of digitally copying millions of books for an online library without permission. U.S. Circuit Judge Denny Chin in Manhattan accepted Google’s argument that its scanning of more than 20 million books, and making “snippets” of text available for online searches, constituted “fair use” under U.S. copyright law. The judge said the massive library makes it easier for students, teachers, researchers and the public to find books, while maintaining “respectful consideration” for authors’ rights. He also said the digitization was “transformative,” and could be expected to boost rather than reduce book sales.” (via Reuters)

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