Tag Archives: lawsuits

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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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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