Tag Archives: lawsuits

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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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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