Tag Archives: lawsuits

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)

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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)

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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

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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.

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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

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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

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Russia, US in Hasid books brawl: Moscow wants recourse over $50,000 daily penalties

“Moscow is preparing a lawsuit against the US Library of Congress over rare books claimed by a US-based Hasidic group. The move comes amid ‘outrage’ over a US court ruling to fine Russia US$50,000 daily until it surrenders the texts. Russia’s Foreign Ministry is planning to fight the Washington court’s ruling, which reads that Russia must pay $50,000 daily until it agrees to hand over the so-called Schneerson Library to US-based Jewish organization Chabad-Lubavitch (Agudas Chasidei Chabad). The Schneerson Library, a collection of thousands of rare religious Hasidic books and documents, was started by Rabbi Joseph I. Schneersohn in the Russian city of Lyubavichi (present-day Belarus) in the early 20th century. Part of it was nationalized by Soviet Russia because there were no legal heirs in the Schneerson family.”

via RT

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An academic press sues a librarian, raising issues of academic freedom

“Librarian questions quality of a publishing house. Librarian publicly criticizes said press on his personal blog. Two years later, librarian and current employer get sued for libel and damages in excess of $4 million. That’s been the progression of events for Dale Askey, associate university librarian at McMaster University in Ontario, where he’s been working since 2011. At the time of his blog post, in August 2010, Askey was a tenured associate professor at Kansas State University, where librarians are granted faculty status. He said his comments about Edwin Mellen Press, since removed from his blog, pertained to his work, assessing materials for potential inclusion in Kansas State’s library collection in a time of diminishing resources”

via Inside Higher Ed

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Law Library Sues San Francisco for Breach of City Charter

“The San Francisco Law Library filed a lawsuit today against the City and County of San Francisco, alleging that since 1995 the city has violated a City Charter provision that requires it to provide proper funding and adequate space for the Law Library. For decades, the Library shared part of the fourth floor of City Hall with the Superior Courts and had additional space in the building. There it served its mission by providing free and public legal resources to the courts, lawyers and self-represented litigants alike. Following the 1989 earthquake, when City Hall closed in 1995 for retrofitting, the city moved the Library to a temporary space designed for the two year retrofit period at the Veterans War Memorial building that was and continues to be insufficient.”

via Rock Hill Herald Online

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Russia angry over US fines for Jewish collection

“Russia on Thursday harshly criticized a U.S. court ruling fining it $50,000 a day for holding onto tens of thousands of religious books and manuscripts stolen from Jews during the Russian revolution and World War II. Russia’s State Library and the Russian military archive have refused to give up the books, some hundreds of years old, even after a U.S. court ruled that the Brooklyn-based Chabad-Lubavitch group is the rightful owner. The country says the books are part of its national heritage. Chief Judge Royce Lamberth of the U.S. District Court ruled Wednesday that Russia should pay the fine until it complies with his 2010 order to return the collection to the Jewish group.”

via AP

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