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Posts tagged appeal

Appeals court denies Apple request to stay anti-trust monitor
February 11, 2014 | 11:23 am

The appeals court has issued its ruling on Apple’s request to have the anti-trust monitor stayed in the e-book price-fixing anti-trust trial. Perhaps unsurprisingly, Apple’s appeal has been denied. That being said, the appeals court did issue what it saw as instructions “narrowing” the monitor’s focus. The monitor is, the court said, supposed to make sure Apple has an anti-trust compliance program in place and that employees are being taught about what it means and how it works. He is not supposed to rummage around looking for violations of anti-trust or other laws. In the two-page document (PDF), court...

Bob Kohn files appeal of publisher anti-trust settlements
December 23, 2013 | 6:10 pm

Ah, the schadenfreude continues. Andrew Albanese at Publishers Weekly reports that Bob Kohn has filed his appeal of the approval of the Macmillan and Penguin e-book settlements. In the hearing a couple of weeks ago, Judge Cote suggested it was unlikely he would be found to have standing to appeal the case, since he’s not a direct party to the case. However, Kohn is clearly going to keep filing appeals until the appeals courts turn him down. Kohn’s stance is that the price-fixing conspiracy entered into by the publishers and Apple was not actually illegal, since it served to...

Google appeals class action certification in Google Books case
November 12, 2012 | 10:49 pm

The Google Books lawsuit proceeds apace. paidContent and CNet report that, in Google’s latest filing, the search giant is appealing the court’s decision to certify class action status for the Authors Guild. Google argues that the majority of writers actually approve of its scanning (58% according to a Google-commissioned survey), and that its scanning to provide search capability is a transformative fair use. Google suggests that even if the court rules it is not fair use in general, it will still have to decide on a case by case basis whether each individual book is or not. Is Google...