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  • Judge Deals ‘Used’ E-book Market a Setback

    Publishers breathed a sigh of relief last week as federal judge Richard Sullivan dealt a setback to any potential resale market for digital books. In a forceful ruling in Capitol Records v. ReDigi, Sullivan held that the doctrine of “first sale,” which allows consumers to redistribute lawfully acquired copies, does not apply to the transfer of digital files.

  • Grimmelmann: ReDigi, Digital First Sale...and Star Trek

    At oral argument, Judge Sullivan drew a Star Trek analogy. He asked whether ReDigi was more like a transporter, or a replicator. The problem for ReDigi, and the reason the case is so fascinating, is that the Internet is both.

  • In ReDigi Case, Court Forcefully Rejects Digital First Sale

    In Capitol Records vs. ReDigi, federal judge Richard Sullivan strongly rejected the expansion of the first sale to cover digital files.

  • No Resale for Digital Music

    Judge Richard Sullivan ruled against "the world's first pre-owned digital marketplace" ReDigi and cited the fact that music on the site was in fact copied.

  • Grimmelmann: Issues in Kirtsaeng 'Significant'

    PW contributing editor James Grimmelmann breaks down yesterday's landmark Supreme Court ruling. "However one comes out on first sale and imported textbooks, the issue, in books and beyond, is too significant to end here," he writes. "Ladies and gentlemen, start your lobbyists."

  • Supreme Court Upholds First Sale In Landmark Kirtsaeng Ruling

    In a landmark ruling, the Supreme Court, by a 6-3 margin, today held that the doctrine of first sale, which allows for legally acquired copyrighted works to be resold by their owners, does apply to works made overseas.

  • Orphan Works Legislation Appears Unlikely

    When the U.S. Copyright Office asked for comments on the thorny orphan works problem last October, hopes were raised that a legislative solution could be in the offing. But after hundreds of initial comments from both individuals and organizations it is now looking like meaningful orphan works legislation may not be in the cards.

  • U.S. Attorneys Opt Out of GSU E-Reserves Case

    In a filing late last week, the U.S. Department of Justice said it will not file an amicus brief after all in the appeal of the Georgia State e-reserves case.

  • White House Issues Public Access Directive

    The Obama Administration today used its executive power to issue a Policy Memorandum that could finally make public access to federally funded research a reality.

  • Lawsuit Seeks to Put Sherlock Holmes in the Public Domain

    Author and scholar Leslie Klinger has filed suit in federal court last week against the Arthur Conan Doyle Estate, asking the court to declare that the famous characters of Sherlock Holmes and John H. Watson are no longer protected by federal copyright laws.

  • Publishers Blast New Open Access Bill, FASTR

    Once again, Congress has introduced a bill that would mandate public access to publicly-funded federal research, ramping up the the tension between publishers and the research community. The Fair Access to Science and Technology Research Act (FASTR) was introduced in Congress yesterday, February 14, on a bi-partisan basis. The bill would require that federal agencies with annual extramural research budgets of $100 million provide the public with online access to research manuscripts stemming from publicly-funded research no later than six months after publication in a peer-reviewed journal.

  • U.S. Attorneys May Weigh in On GSU E-Reserves Case

    In a brief filed last week in the Georgia State e-reserves case, U.S. attorneys asked for a 21-day extension "in which to file any amicus brief in support of appellants, or in support of neither party."

  • Information Activist Aaron Swartz Dead at 26

    Aaraon Swartz, the brilliant but troubled young activist and programmer, has died, in an apparent suicide. While details were still emerging, the Internet this morning was abuzz with news of his tragic passing. He was just 26 years old. "There is no way to express the sadness of this day," blogged Lawrence Lessig.

  • ‘At the Crossroads of Legal Code, Computer code, and the Codex’: In Re Books Presentations Now Online

    On October 26 and 27—yes, just before Hurricane Sandy slammed the Northeast—New York Law School held In re Books, a “conference on law and the future of books.” Couldn’t make it to the conference? No problem—the full video of the conference is now available online, with downloadable versions ready soon. And check out Grimmelmann’s personal reflections on the program at the PWxyz blog.

  • Appeal Filings Outline Authors Guild’s Objections to HathiTrust Opinion

    With a new round of filings hitting the docket last week, the Authors Guild appeal of Judge Harold Baer’s landmark copyright decision is underway. The broad appeal raises a handful of key questions on which the AG is seeking review by the Second Circuit Court of Appeals, including whether the district court erred in finding the scan plan to be fair use.

  • Change You Can Believe In: ALA Preview 2013

    Since the release of the Republican Study Committee’s copyright reform report several weeks ago, a discussion has ignited among various interest groups about whether a fundamental revision of copyright law is needed.

  • Overruled: PW Talks to ARL’s Brandon Butler: ALA Preview 2013

    Sure, for the general observer, 2012 might well be remembered as a year of frustration for libraries, dominated by the lingering impasse over e-book lending.

  • Authors Guild Appeals Loss in Book Scanning Case

    The Authors Guild has notified the court that it will appeal Judge Harold Baer’s landmark October 10 ruling in the Authors Guild vs. HathiTrust case.

  • Publishers Ordered to Pay $3 Million in GSU Copyright Case

    Not only did publishers not get the injunctive relief they sought in a closely watched case over e-reserves, last week they paid the tab.

  • Supreme Court Probes ‘Parade of Horribles’ in Wiley Case

    At the forefront: whether a ruling for Wiley might harm secondary markets and incentivize manufacturers, including publishers, to move their operations overseas in a bid to further control downstream distribution.

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