Wow, talk about a surprise in my Feedly this morning. From Reuters: In an unusual move before a trial, a federal judge expressed a tentative view that the U.S. Justice Department will be able to show evidence that Apple Inc engaged in a conspiracy with publishers to increase e-book prices. I know what my personal opinions are on the case, based on what I've read in the media so far, and so, yeah, I agree with Judge Cote, but my opinion doesn't matter at all, and I'm thinking this could come back to bite us later. She did go on to say it...

I guess I'd forgotten. Now that all the the publishing players have settled, abandoning agency pricing and returning to the wholesale slums, the DOJ/e-book antitrust case, which popped up again in everyone's news feeds this week, feels a little anticlimactic. The DOJ, perhaps simply because it's what it found, or perhaps because there's no one left to pick on, is framing the last defendant standing, Apple, as the "ringmaster" in the price-fixing suit, according the New York Times. With the case set to go to trial June 3 in New York (and what a fine note on which to end BEA), I find myself wondering: At...

By Stephen Silver Ever reach into your pocket at the end of a long flight to turn on your phone, only to realize it was on all along? You’re not alone. A study released Thursday found that 30 percent of U.S. airplane passengers have accidentally left a personal electronic device turned on while on a plane. According to the “Portable Electronic Devices on Aircraft” study, jointly conducted by the Consumer Electronics Association (CEA) and Airline Passenger Experience Association (APEX),  69 percent of respondents say they have used an electronic device in-flight. The study comes as the federal government is considering relaxing restrictions on in-flight...

Well, it’s that time of decade again. Someone in Congress has finally—or, rather, once again—taken note of how the DMCA’s anti-circumvention provisions step all over consumer rights and introduced legislation to try to balance the scales. Ars Technica reports that three Democrats and a Republican, including California rep Zoe Lofgren, have introduced the Unlocking Technology Act of 2013. This act would rewrite the anti-circumvention provision to make DRM-breaking illegal only if it’s done in order to “facilitate the infringement of a copyright.” Non-infringing uses, such as ripping DVDs, unlocking cell phones, and so on, would presumably be allowed....

We're finally nearing the end of this saga. Yesterday, Publishers Weekly reported that Macmillan has finalized their e-book settlement with the state and consumer classes. The agreement has been sent to Judge Cote, who is expected to approve it. The final total for Macmillan was $26 million, $20 million of which is earmarked for consumer compensation. The payout is expected by summer. I'm hoping that's also a date for the settlement money due from the other publishers. Last year, I read that Judge Cote would be reviewing the other settlements in February. I haven't heard anything about that ruling, and I assume she's...

Libraries. The Internet. Pirate sites. According to author Scott Turow's recent op-ed piece for the New York Times, these things are all to blame for the "Slow Death of the American Author." Best-selling novelist and Author's Guild president Scott Turow discusses how all of these entities are creating an environment where authors will make less money, and entities such as Amazon will get to pocket it all. “But it is the latest example of how the global electronic marketplace is rapidly depleting authors’ income streams. It seems almost every player—publishers, search engines, libraries, pirates and even some scholars—is vying for position at authors’...

Numerous websites have been reporting on the latest twist in the ReDigi case (for example, here on Paid Content). The case sets an important potential precedent for other business plans involving the sale of digital content. I know Amazon has contemplated a move into this area, and I wonder if they might be the ones with the deep pockets, not to mention the legal might, to try and fight this one. The ruling was interesting in that, from what I've read, it didn't oppose the sale of digital media in principle. Rather, it opposed the 'first-sale doctrine' defense that ReDigi was using...

By now you've likely heard that the Supreme Court has ruled, in a 6-3 decision, in favor of immigrant scientist Supap Kirtsaeng in Kirtsaeng V. Wiley. In what's being heralded as a win for consumers and libraries, and a loss for publishers, the SCOTUS overturned a previous ruling against Kirtsaeng, who had been buying textbooks printed (legally) abroad—where they cost significantly less than they do in, say, the United States—and then reselling them in the U.S. on eBay and turning a handsome profit in the process. In a statement yesterday, Wiley's President & CEO Stephen M. Smith wrote: "We are disappointed that the U.S. Supreme Court has decided...

By Stephen Silver Of the many constant pet peeves associated with modern-day air travel--from inexplicable delays to intrusive security measures to really, really bad food--I think the one that bothers me most is needing to turn off electronic devices during landing and takeoff. This was bad enough years ago, when the flashing of the “turn off electronic devices” sign meant needing to turn off your Discman before you finished listening to your Barenaked Ladies CD. Now, in the age of the smartphone and tablet, it’s downright oppressive. Roughly eight out of 10 people I’ve seen on airplanes in the last two years...

Want to be able to use your iPad, Kindle, iPod or other electronic device during take-off and landing why flying? Write your congressperson and ask them to support upcoming legislation to change the rules. According to Politico, Sen. Claire McCaskill, Democrat from Missouri, said on Thursday that she would write legislation to allow passengers to use electronic devices on all parts of the flight. This is long overdue, and it’s ridiculous that the FAA has been dragging their feet on this, especially since they have given flight crews the go-ahead to use iPads for referencing flight manuals. If it’s OK to use iPads in the cockpit,...

February 2013 had a cornucopia of Apple lawsuits in all parts of the world, from Australia to Texas to a woman in bed. ♦ The Australian government thinks Apple, Microsoft, and Adobe are charging too much for their products. Now they’ve been summoned to an Australian government inquiry and threatened with legal consequences if they don’t show up. Although Apple did testify in private, they refused to do so in public hearings and that wasn’t good enough. ♦ Although I was irritated when the iPad got updated much faster than expected, suing Apple didn’t cross my mind. That’s not the case in Brazil where the Brazilian Institute...

Using an iPhone in Ireland to connect to the Internet? Get your passport out. The legislature of Ireland, the Oireachtas Éireann, is exploring the topic of Internet safety and cyberbullying, and the possible need for legislation and regulation of online comments. It’s going about as well as you might imagine, with one senator, Eamonn Coghlan, suggesting that people should pay to post online. Coghlan has also suggested that Internet users use a passport to register their IP address. According to this story in The Irish Examiner, Communications Minister Pat Rabbitte went on to suggest at the same meeting that American companies, such as Facebook and...