The Authors Guild blog has an interesting piece looking at Amazon’s growth in light of a decline in antitrust enforcement. For background, it brings up the Bloomberg Businessweek story I covered the other day, it moves on to excerpt a piece in Harpers by Barry Lynn that compares Amazon to the current state of other monopolized markets, such as the chicken-raising industry: Mr. Lynn makes the case that Amazon’s dominance isn’t just a story of an industry disrupted by online commerce and digital upheaval, it’s about the abandoning of New Deal era protections of retailers in...

Ars Technica has a look at the current filings and legal strategies in the Google Books case. There are three current cases against Google—two 2005 cases involving publishers and authors, which are the ones involved in the settlement that failed after four years of work, and one in 2010 from photographers and illustrators. Google appears close to a separate settlement in the publishers’ case. But Google is likely to carry on its battle with the authors, photographers, and other individual copyright holders. Some authors consider the fight a matter of principle. And even if Google convinced...

Google is not the only party in the Google Books lawsuits who is attempting to move forward with litigation. Publishers Weekly reports that the Authors Guild is filing to request class certification in its lawsuit against Google Books. The guild argues the class should be approved because individual claimants “could not as a practical matter effectively assert alone against Google” such claims of infringement, and that “those claims are presented far more fairly and efficiently than they would be in individual actions, which would require the same issues to be litigated multiple times.” ...

Apparently Google has gotten fed up over the failure of the settlement talks in the copyright lawsuits over Google Books, because it has begun to move toward actually litigating the case. An article in TechWorld notes Google has notified Judge Denny Chin that it plans to file a motion to ask that parts of the 2005 copyright infringement lawsuit and a related 2010 lawsuit be dismissed. [Judge Chin] set a deadline of Dec. 23 for Google to file the dismissal motions. The plaintiffs will have until Jan. 23 to respond to the motions, and Google...

A few days ago we reposted the Authors Guild’s screed against Amazon Prime’s Kindle lending program, in which Prime subscribers can download one free e-book per month to a Kindle device. For publishers who did not sign on to take part in the program, Amazon actually buys the copy of the book that the subscribers download each time it is checked out. The “Big Six” publishers are exempt from this program, because the agency pricing agreements restrict Amazon from doing that sort of thing to their books—but since Amazon doesn’t have those agreements with any publishers except the...

I’ve found a couple of more points of view on the HathiTrust lawsuit over the last couple of days, and given that they are diametrically opposed it seems like a good idea to present them together for contrast. First, SF and fantasy novelist Elizabeth Moon strongly opposes the use that the universities and HathiTrust are making of scanned works. Moon is up in arms over HathiTrust’s plans to allow unlimited free download of “orphaned” works from the trust (though she seems to be under the impression that it would allow download of all works, not just the orphaned ones)....

Lest we think that the lawsuit against Google that has been spinning its wheels for six years and gone precisely nowhere was the extent of the Authors Guilds efforts to fight the Google Books scanning projects, the Guild has struck again with a lawsuit against the universities that partnered with Google in the project, and the cooperative organization, HathiTrust, set up to manage those works. The Authors Guild, its counterparts from various Commonwealth countries, and a group of authors have filed suit to block the use of unauthorized scans of copyrighted works from the universities libraries as part...

Denny Chin, the judge in the Authors Guild versus Google Books case, seems to be getting more and more frustrated the longer this six-year-old case drags on. In the latest hearing on the matter today, he set a firm deadline of September 15th for all parties involved to come up with a new settlement. Judge Chin had rejected the much-vaunted $125 million previous settlement back in March, feeling that it gave too much power to Google. He expressed the opinion that an opt-in system, in which authors and publishers explicitly had to allow their books to be made available,...

Publishers Weekly reports that, out of 150 titles HarperCollins is releasing as audiobooks this spring, only two are getting CD audio releases—the rest are digital downloads only. The story notes that sales of CDs have been declining, but no other major publisher has yet moved away from CDs to such an extent. Harper insists that it is not abandoning the CD format—it may choose to bring out a few more of those 150 titles as CDs later in the publishing process—but that in recent years its listeners have more and more moved over to digital audio. A Simon &...

I didn’t notice this David Pogue article from August 12th until Techdirt and Slashdot pointed it out just the other day. Though most of the article is about other cool features offered by iOS 4 (unified contacts, Facetime tricks), in the last section Pogue talks about the VoiceOver “spoken books” feature on the iPad and wonders why the Authors Guild and publishers hasn’t freaked out about it. I previously looked at the matter back in March; you’d think they would have had time to speak up by now. Yes, this is exactly the feature that...

If you needed proof that the earthquake of Andrew Wylie’s Amazon publishing deal continues to send aftershocks through the publishing industry, you need look no further than this post by “Agent Kristin” on her blog “Pub Rants”: Several agent friends have confirmed that Macmillan sent a letter over the weekend asking authors to sign amendments that gave them electronic rights to backlist titles. Kristin points out that these letters went directly to the authors in question—not the agents or agencies that represent them—and reminds authors not to sign them without checking with their...

The Authors Guild sends warning letters to its members when it thinks publishers are trying to take advantage of them. We’ve mentioned recent Authors Guild warnings about Random House’s statement on e-book rights, and Random House and HarperCollins’ attempts to lock authors into 25% e-book royalty rates. Today, Galleycat reports that the Authors Guild sent out a warning over a letter from Wiley & Sons, the new owner of Bloomberg Press, to Bloomberg writers concerning changes to the accounting system. Notes the Guild: We've asked an independent royalty auditor to review the effects of...