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Posts tagged class action

New PublishAmerica sock puppet America Star Books wants to pull its wool over your eyes
January 31, 2014 | 10:25 am

The Writer Beware blog has posted a tipoff about a new identity for Author Solutions-style self-publishing vanity press operation PublishAmerica, which, like Author Solutions, spawns a succession of new names and sub-identities to disguise its basic focus of providing overpriced and often unnecessary services to aspiring self-publishing novices. This time, the new identity is America Star Books, the new destination for the publishamerica.com URL with a special eye to non-American writers. "Our mission is to change the landscape of book publishing all over the world," declares the America Star Books website. "If your book is written in English, we publish it...

Class Action Lawsuit Against Amazon and Publishers Misses the Mark
February 21, 2013 | 12:52 pm

According to the Huffington Post, three independent bookstores are filing a class action suit against Amazon and the "Big Six" publishers. Alyson Decker of Blecher & Collins PC, lead counsel acting for the bookstores, described DRM as "a problem that affects many independent bookstores." She said the complaint is still in the process of being served to Amazon and the publishers, and declined to state how it came about, or whether other bookstores had been approached to be party to the suit. "We are seeking relief for independent brick-and-mortar bookstores so that they would be able to sell open-source and DRM-free books that...

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...

Judge stays price-fixing class-action suit against Hachette, HarperCollins
May 3, 2012 | 4:13 am

PaidContent reports that a judge has stayed an e-book price-fixing class-action case against publishers Hachette and HarperCollins on the grounds that the publishers are close to settling with state governments over the matter, and the states’ lawsuits trump the class action. Apart from Macmillan and Penguin, who are fighting the suit, Simon & Schuster wasn’t named because it has not signed a formal settlement memorandum yet. This is hardly a surprise, of course, but it’s understandable that the plaintiffs would find this a bit disappointing; damage awards would likely be higher in a jury trial than in a state...

The E-book Investigations: Are Publishers And Apple Breaking The Law?
December 8, 2011 | 9:09 am

Images There is a good analysis of the current legal difficulties of publishers in paidContent.  Much more in the article: It’s been a week to forget for publishers after both the Justice Department and the European Commission announced investigations into e-book pricing tactics. Meanwhile, dozens of law firms are steaming ahead with a class action to reclaim money for customers who allegedly overpaid for books on the iPad. So what’s going on - is this an illegal conspiracy or much ado about nothing? Here’s a guide: Who Is Investigating the Publishers? Before Congress today, the head of the Justice Department’s antitrust division reportedly confirmed...

Class action suit filed against Apple and publishers for price fixing under the agency model
August 9, 2011 | 7:10 pm

Download The following is the full press release issued by the law firm in this important lawsuit.  As a former corporate lawyer who used to teach antitrust law to my fellow employees, I must say that I'm surprised that it took so long for someone to do this.  On its face, the current arrangement seems to be a pretty clear violation of the antitrust laws related to price fixing and certainly also contains strong elements of conspiracy.  I would be pretty nervous if I were the publishers' lawyers. SAN FRANCISCO – Hagens Berman, a consumer rights class-action law firm, today announced it...