ENTRIES TAGGED "lawsuit"

Publishing News: Judge rules fair use in Authors Guild v. HathiTrust

Summary judgement in favor of HathiTrust, Arment's magazine experiment, and 10 steps to a publishing reformation.

Here are a few stories from the publishing space that caught my attention this week.

HathiTrust book scanning ruled fair use

Last week, Google reached a settlement agreement with McGraw-Hill, Pearson Education, Penguin, John Wiley & Sons, and Simon & Schuster over its book-scanning project. The Authors Guild was none too happy about the settlement, as it may not bode well for its pending lawsuit against Google. This week, as the Authors Guild called upon the DOJ to review whether or not the terms of the settlement, which were not disclosed, violate Federal antitrust law, the group suffered yet another setback: Judge Harold Baer ruled in favor of the HathiTrust Digital Library in Authors Guild v. HathiTrust, ruling that the libraries that gave books to Google to scan are protected under the principle of fair use.

Mathew Ingram at GigaOm argued this week that the authors are standing on the wrong side of the book-scanning issue. He points out that Judge Baer’s decision was a summary judgement, meaning that the judge felt the arguments for fair use were strong enough to make a trial unnecessary. Ars Technica’s Timothy B. Lee takes a nice look at the factors the court considers in fair use cases and which held the most weight in Judge Baer’s decision.

Law professor James Grimmelmann noted that this ruling together with last week’s settlement might be “a moment for a reevaluation of the Authors Guild’s suit against Google.” Ingram and Lee both point out that Google’s fair use argument might not be as strong as HathiTrust’s, but Lee stresses the nuance of the decision may be a positive sign for Google:

“The libraries’ fair use argument is somewhat stronger than Google’s because they are non-profit organizations with fundamentally educational missions. But significantly, Judge Baer did not rely heavily on this fact in siding with the libraries. Instead, he focused on the transformative nature of the libraries’ use. And since Google is making virtually the same use of its own scanned copies of the books, it’s a safe bet that there are some happy lawyers in Mountain View this evening.”

Read more…

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Amazon as friend and foe

Amazon as friend and foe

Clint Greenleaf on the challenges of working with and competing against Amazon.

In this TOC podcast, Greenleaf Book Group founder and CEO Clint Greenleaf shares a unique perspective on working with and competing against Amazon. He also addresses the DOJ lawsuit and offers thoughts on the future of ereaders.

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Publishing News: Google's win may be Amazon's loss

Publishing News: Google's win may be Amazon's loss

Google and France reach an agreement, a look at the Espresso Book Machine, and ebook industry predictions.

Book-scanning lawsuits against Google were dropped in France, perhaps spelling trouble for Amazon in Europe. Elsewhere, the Espresso Book Machine is proving a plus for retailers and authors, and Laura Hazard Owen digs into PricewaterhouseCoopers' data.

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Publishing News: Dropping DRM may be too little, too late

Publishing News: Dropping DRM may be too little, too late

Removing DRM may not save publishing, first sale doctrine goes to the Supreme Court, and Apple wants its day in court.

It may be too late for the removal of DRM to make a difference for publishers, a textbook case heads to the Supreme Court, and Apple heads to court to seek validation.

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The anchor on ebook prices is gone. Now we'll see where they float

The anchor on ebook prices is gone. Now we'll see where they float

Don Linn on the DOJ's lawsuit and the shifting ebook landscape.

Don Linn, president at Firebrand Associates, shares insights into the DOJ lawsuit and offers his take on what lies ahead for publishers and readers.

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Publishing News: DoJ lawsuit is great news for Amazon

Publishing News: DoJ lawsuit is great news for Amazon

The DoJ sues Apple and five major publishers, Yahoo files patents to put ads in ebooks, and B&N one-ups Amazon.

Amazon does a happy dance as five of the Big Six publishers and Apple are sued by the DoJ. Elsewhere, Yahoo looks to increase revenues with ebook ads, and B&N lights up its Nook.

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