Tag Archives: lawsuits

Judge: No Jury for Penguin in E-book Case

“In an opinion issued this week, Judge Denise Cote shot down Penguin’s request for a jury trial to hear the remaining state and the consumer class action cases against them. “Penguin’s March 15, 2013 motion for a jury trial on the States’ claims is denied,” Cote ordered, holding that it was “clear that Penguin, along with all other litigating parties, knowingly and intentionally waived a jury determination of liability on the States’ claims.” The decision means that, barring a last minute settlement, Penguin will be joining Apple at the defense table on June 3 as the bench trial gets underway in the long-running e-book price fixing case.” (via Publishers Weekly)

Comments Off

OCUL Statement: Access Copyright vs York University

“The Ontario Council of University Libraries is disturbed by the recent news of a lawsuit which Access Copyright initiated on April 8th against York University. The Canadian Copyright Act was only recently amended. These amendments and recent Supreme Court judgments have guided Ontario universities, including York University, to provide fair dealing guidelines that reflect the existing and reasonable consensus within the education community in response to these legal realities. OCUL agrees with academic colleagues across Canada that it is very regrettable that Access Copyright has chosen this litigious route to question the clarity of the copyright law and the recent jurisprudence. It is also regrettable that we are forced to interpret this as an intimidating tactic to persuade Ontario universities to agree to the Access Copyright license” (via Ontario Council of University Libraries)

Comments Off

NYC settles suit over seizure of Occupy books

“A settlement was announced Tuesday in a lawsuit filed over the 2011 seizure of the “People’s Library” at the Occupy Wall Street site in Manhattan’s Zuccotti Park. New York City and Brookfield Properties agreed to pay more than $230,000 to settle the lawsuit filed last year in U.S. District Court in Manhattan, according to attorney Norman Siegel. The settlement calls for the city to pay $47,000 for the loss of books and $186,000 in legal fees, said Siegel. About $16,000 will come from Brookfield, owners of Zuccotti Park. (via AP)

Leave a Comment

San Francisco Law Library suing over facility size

“Last week’s Board of Supervisors Budget and Finance Committee meeting was a doozy, and not just because each public speaker got two minutes to speak and Supervisor Mark Farrell spent three hours trying to get lawyers to stop talking after their time was up. The reason that 81 people showed up to speak — almost all of them lawyers who are solo practitioners or work for nonprofits — is because they want a larger public Law Library. And straight from the “completely predictable” file, the Law Library is suing to get a larger space.” (via San Francisco Examiner)

Comments Off

Library Copyright Alliance Statement on Supreme Court Decision in Kirtsaeng v Wiley

“Today the US Supreme Court announced its much-anticipated decision in Kirtsaeng v. Wiley, a lawsuit regarding the bedrock principle of the “first sale doctrine.” The 6-3 opinion is a total victory for libraries and our users. It vindicates the foundational principle of the first sale doctrine—if you bought it, you own it. All who believe in that principle, and the certainty it provides to libraries and many other parts of our culture and economy, should join us in applauding the Court for correcting the legal ambiguity that led to this case in the first place. It is especially gratifying that Justice Breyer’s majority opinion focused on the considerable harm that the Second Circuit’s opinion would have caused libraries.” (via Association of Research Libraries)

Comments Off

Could the Supreme Court outlaw your library’s right to lend?

“Any day now, the Supreme Court will make a ruling on Kirtsaeng v. John Wiley & Sons, Inc. It is an important case for libraries, which could determine the future of the first sale doctrine, but most librarians probably know nothing about it. This is why I am writing this post, and deliberately choosing to discuss it in simple terms to put the main issues we should be concerned about in clear terms.” (via District Dispatch)

Leave a Comment

ARL and CARL Urge Dropping of Remaining Lawsuit against Askey

“Ottawa and Washington—The Association of Research Libraries (ARL) and the Canadian Association of Research Libraries (CARL) commend Edwin Mellen Press’s decision to discontinue its lawsuit against McMaster University and academic librarian Dale Askey. Nevertheless, both associations urge Mr. Richardson, founder and editor of Edwin Mellen Press, to discontinue as well his personal lawsuit against Mr. Askey. By continuing his personal suit against Mr. Askey, ARL and CARL believe that Mr. Richardson is contributing to the same chill on the freedom of expression of librarians as did Edwin Mellen Press when it lodged its suit against Mr. Askey and McMaster University. A librarian who has offered a negative assessment of the products and practices of a publisher should not be subject to intimidation and reprisal from either the publisher or that publisher’s founder.”

via Association of Research Libraries

Comments Off

Book publisher to drop lawsuit against McMaster librarian

“U.S.-based publishing company says it is dropping at least one of its lawsuits against a McMaster librarian after scholars across North America came to his defense. Edwin Mellen Press (EMP) had filed two lawsuits against Dale Askey and McMaster University, claiming a total of $4.5 million in damages. In the first filing, submitted in June of last year, the company alleged that statements Askey made in a Sept. 2010 blog post, while he was working at a Kansas university, were both “false” and “defamatory in its tone and context.”

via CBC.

Comments Off

Do you truly own your e-books?

“To the casual observer, the e-book revolution has produced two bumper crops: smutty trilogies à la “Fifty Shades of Grey” and lawsuits. First there were the authors (as represented by the Authors Guild), who sued Google Books for digitizing their work without permission. Then the Department of Justice sued five publishers and Apple for adopting a policy known as the agency model. Finally, a trio of independent booksellers filed a class-action suit last week against the six largest book publishers and Amazon, accusing them of collaborating to create a monopoly on e-book sales and shutting small retailers out of the market. The booksellers — Fiction Addiction of Greenville, S.C., Book House of Stuyvesant Plaza in Albany, N.Y., and Posman Books of New York City — are demanding the right to sell what they term “open-source and DRM-free” e-books, files that can be read on a Kindle or any other e-reading device. The publishers are accused of entering into “confidential agreements” with Amazon making this impossible.”

via Salon.com

Leave a Comment

ARL-CARL Joint Statement in Support of Dale Askey and McMaster University

“The Association of Research Libraries (ARL) and the Canadian Association of Research Libraries (CARL) share a commitment to freedom of opinion and expression of ideas and are strongly opposed to any effort to intimidate individuals in order to suppress information or censor ideas. We further share the belief that a librarian must be able to offer his or her assessment of a publisher’s products or practices free from such intimidation.

Consequently, we are highly supportive of Dale Askey and of McMaster University as they confront the lawsuit brought against them by Edwin Mellen Press. We strongly disapprove of the aggressive use of the Canadian court system to threaten Mr. Askey with millions of dollars in liability over the contents of a blog post. We urge Edwin Mellen Press to withdraw this suit and use more constructive means to address its reputation.”

via Association of Research Libraries

Comments Off

© Copyright 2015, Information Today, Inc., All rights reserved.