Tag Archives: lawsuits

Judge Limits State Penalties in Apple E-book Case

“In a minor decision this week, Judge Denise Cote limited the state statutory penalties Apple faces after being found liable for conspiring with five major publisher to fix e-book prices at its June trial. While Apple remains on the hook for damages, as well as some state penalties, Cote’s ruling will likely knock a little off the final amount Apple could eventually be ordered to pay.” (via Publisher Weekly)

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Google Books Case Appears Ready to Be Decided

“It took Judge Denny Chin less than 40 minutes yesterday to hear oral arguments on the cross motions for summary judgment in the Authors Guild’s long-running lawsuit against Google over its library book scanning project. Once expected to be a defining copyright battle for the digital age when it was first filed in 2005, the case came down to a short, anticlimactic hearing in which Chin reserved judgment, but sounded more than ready to deliver a decision that could end the matter.” (via Publishers Weekly)

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Google Seeks Ruling Copying Books Without Permission Is Fair

Google Inc., the world’s largest search engine, is facing the challenge of persuading a judge that digitally copying millions of books for online searches without authors’ permission is protected by copyright law. The company is set to argue today in federal court in Manhattan that the fair-use provision of the Copyright Act shields it from liability for copyright infringement. Authors and a trade group oppose the project, claiming Google has taken away their rights for its own gain without compensating them.” (via Bloomberg)

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Authors Guild: Wait for Congress to Sort Out Google Scanning

“In its final brief before oral arguments, the Authors Guild this week closed by imploring Judge Denny Chin to shoot Google’s book scanning program, and let Congress ask questions later. “The fair use doctrine is not designed to address the enormity of Google’s infringement,” Authors Guild attorneys argue, calling the legality of the book scanning program “a cutting edge” technological issue best left to Congress to address. “Until Congress addresses these critically important issues, courts must defer to the choices already made by Congress,” the brief argues, by rejecting “Google’s unilateral and profit-driven effort to upset the established balance between copyright owners and users.” (via Publishers Weekly)

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Ky. library lawsuits draw unkind attention

“Lawsuits filed by some Northern Kentucky tea party members against library taxes have drawn attention, puzzlement and in some cases – ridicule – elsewhere in the country. No other libraries in the country face such challenges, Barbara Stripling, president of the American Library Association, told the more than 100 people assembled in Newport, Ky., for a forum on the issue this week.” (via USA Today)

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Net neutrality goes on trial

“A federal court is set to hear arguments on Monday in a case that could shape the future of the Internet. Lawyers for the Federal Communications Commission will defend the agency’s controversial net neutrality regulations against a legal challenge from Verizon before a three-judge panel of the D.C. Circuit Court of Appeals. Supporters of the rules say they preserve a free and open Internet, but opponents argue they are an unnecessary burden on businesses and amount to government control of the Internet.” (via The Hill’s Hillicon Valley)

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Eight Years Later, the Google Books Fight Lumbers On

“Like a pair of boxers staggering from their corners for the ninth round, Google and the Authors Guild traded another round of briefs last week in their long-running, slow-moving Google Books fight. There is very little left to be said at this point in the case, and they said it at great length. The question is, why are they still fighting? For Google, the book scanning program has always been a corporate backwater, something put together in its 20% time. Despite grandiose claims about a new Library of Alexandria and the occasional cool toy for bibliophiles, it has never been a marquee project. Twenty million scans later, Google Books still doesn’t show up in the menu at the top of the Google homepage. YouTube it ain’t.” (via Publishers Weekly)

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New York Public Library Rethinks Design

“The New York Public Library, responding to outcry over its plans to demolish century-old book stacks, will this fall unveil a new design that preserves a significant portion of them, its president, Anthony Marx, said Tuesday. The library disclosed its plans in response to questions from The Wall Street Journal about alternatives it had considered to the $300 million renovation, which has sparked two lawsuits brought by scholars and preservationists, including a Pulitzer Prize-winning historian, aiming to block the stacks’ destruction.” (via WSJ.com)

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A Year Later, Opposition Briefs Filed in Authors Guild vs. Google

“After a delay of more than a year, the long-running Authors Guild vs. Google case is heating up again with opposition to Summary Judgment briefs filed this week in the long-running case. In its filing, Authors Guild attorneys argue that Google’s fair use analysis fails, and that its library scanning project subverts the interests of copyright holders in what it describes as a blatantly commercial attempt to “gain a competitive advantage over other search engines and to generate even greater advertising revenues.” Google counters that its scan plan is protected by fair use, and argues that the Authors Guild is wrong on both sides of the fair use question—that the AG’s suit ignores the public benefits of the program—which are real, and valuable—and that there is no evidence of any harm to copyright holders.” (via Publishers Weekly)

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Library Fires Back at Historians Suing to Block Renovation

“The New York Public Library fired back at a group of scholars and writers suing to stop its planned renovation, arguing in a court filing Friday that the historians have their history wrong. The library is facing two separate lawsuits aiming to stop it from dismantling the 102-year-old book stacks in its landmark Fifth Avenue building in a $300 million renovation.” (via WSJ)

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