Tag Archives: court

Judge Rules in Favor of Google in Book-Scanning Lawsuit

It took eight long years, but a judge has finally ruled on a lawsuit filed by the Authors Guild against Google, concerning the web site’s library book scanning project. The judge dismissed the Authors Guild’s lawsuit.

So what is the library book scanning project? According to the Google Books web site, “[Google is] working with several major libraries to include their collections in Google Books and, like a card catalog, show users information about the book, and in many cases, a few snippets – a few sentences to display the search term in context.”

According to Publishers Weekly, the Authors Guild argued that copyrights were ignored only to ultimately impact the book market in a negative way. But Judge Denny Chin ruled that Google’s book scanning project is a benefit for books, readers, and authors, as Andrew Albanese explains:

“In my view, Google Books provides significant public benefits,” Chin wrote. “It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders.”

The Authors Guild plans to appeal the decision, but it could run into a problem. The Second Circuit is already handling a similar case, in which the judge also initially ruled against the guild.

What do you think of Google Books and its library book scanning project? Good for books/authors or bad?

 

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Apple Penalized for E-Book Price Fixing

For a year-and-a-half, Apple has been claiming its innocence in an e-book price fixing case filed by the Justice Department against the tech company and five other book publishers. Though the other publishers settled a while ago, restrictions are just now beginning for Apple.

The Justice Department charged the publishers and Apple in April 2012 for illegally working together to raise the price of e-books as a way to curb Amazon’s success with e-book sales. Apple was the only company that didn’t settle and instead fought the case in a trial this summer. Ultimately, a federal judge in Manhattan ruled against the company.

According to The New York Times, Apple cannot enter into agreements with the five other publishers that “restricts, limits or impedes Apple’s ability to set, alter or reduce the retail price of any e-book,” under the new restrictions. The company is also prohibited from speaking with one publisher about its contract with another publisher. A “monitor” will keep its eyes on the company ,evaluating it and making sure all antitrust laws are followed.

Apple plans to appeal the case.

Though the other companies profess their innocence, why is Apple the only one to fight so hard in court? That’s likely because Apple is the only one with the money to afford it.

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Unused Borders Gift Cards Deemed Worthless

For those of you who still had old, unused Borders gift cards lying around, you’re not in luck. According to the LA Times, a judge ruled last month that old Borders gift cards could not be redeemed.

Borders filed for bankruptcy in February 2011 and shut its doors later that year. Soon after, a few customers filed a lawsuit, claiming customers did not get enough notice about the closure to use their gift cards in time. Though a claim deadline had been printed in The New York Times and Wall Street Journal, they claimed the average person wouldn’t have necessarily read those articles.

Although there’s an estimated $210.5 million worth of unused Borders gift cards out there, a Manhattan federal judge determined that issuing all of that money to former customers wouldn’t be fair to creditors of the Borders Group, especially since the bankruptcy and liquidation is already complete. The judge upheld last year’s ruling of a U.S. bankruptcy judge.

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