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Posts tagged lawsuit

Tarantino suit of Gawker over link to leaked script may be capitalizing on Streisand Effect
February 3, 2014 | 12:40 pm

tarantinoQuentin Tarantino got so upset that someone leaked a copy of the script for his next movie, The Hateful Eight, online that he announced he would not be making that movie after all. He got further upset when he found out that celebrity/tech news site Gawker’s “Defamer” blog actually linked to file locker sites where the script could be downloaded. So, he is now suing Gawker. Tarantino’s suit claims that Gawker itself posted the leaked script to those sites, which Gawker editor John Cook insists is false. In the end, the suit comes down to “contributory copyright infringement”—the same...

Blackberry files suit over Ryan Seacrest-backed Typo keyboard case
January 3, 2014 | 7:12 pm

Remember that “Typo” Bluetooth iPhone keyboard case backed by Hollywood’s Ryan Seacrest? It essentially grafts a BlackBerry style keyboard onto an iPhone. Well, it turns out that BlackBerry is not amused that the Typo is effectively a rip-off of the iconic keyboard design from their BlackBerry phones. The layout and styling of the keys is remarkably similar, after all…so BlackBerry is filing suit for infringement of their design. As Matthew Panzarino points out on TechCrunch, it seems unlikely that any money they get out of this even if they win will be enough to slow Blackberry’s slide into obscurity...

GoldieBlox ‘Girls’ controversy resurfaces as Beastie Boys file suit
December 11, 2013 | 12:16 pm

If you thought the Beastie Boys’ tiff with GoldieBlox over the “Girls” parody used in their toy commercial was over when GoldieBlox dropped the song from the commercial and said they would drop their lawsuit (though as TechDirt points out, they technically, um, never actually did), better think again. GigaOm reports that the Beastie Boys have now filed suit against GoldieBlox, demanding it hand over profits gained from using the song without permission. The Beastie Boys are more than a little emotionally involved, given that they say they are honoring the dying wish of deceased band member Adam Yauch...

Independent bookseller suit against Amazon tossed, while Barnes & Noble faces SEC investigation
December 10, 2013 | 11:44 am

Pro tip: if you're going to file a lawsuit alleging "conspiracy," have more evidence in hand than just "they did something I don't like." Andrew Albanese reports at Publishers Weekly that Federal Judge Jed Rakoff just tossed out a lawsuit filed by independent booksellers alleging a conspiracy between the Big Six publishers and Amazon to restrain trade and lock rivals out of the Kindle platform. (Gosh, those publishers sure are busy, to be involved in one conspiracy with Apple against Amazon, and then another conspiracy with Amazon against everybody else at the same time! How did they ever keep everything...

Microsoft hides mobile, gaming losses with $2 billion in annual Android patent income
November 7, 2013 | 12:11 pm

Who’s one of the biggest beneficiaries of Android? According to Nomura analyst Rick Sherlund, it could be Microsoft. In a new note on Microsoft, Sherlund estimates that Microsoft is generating $2 billion per year from Android patent royalties—almost pure profit. It is using that profit to conceal the losses from its Windows Phone and Xbox groups by grouping them together into one division and then reporting that division’s profit and loss as a single unit. That group always seemed to be profitable, but Sherlund says it's largely because of the Android money. Sherlund...

The Apple e-book decision reaction roundup: Schadenfreude a go-go!
July 12, 2013 | 4:55 am

It’s been pretty fun, not to mention instructive, to read the various reactions to the e-book verdict over the last day or so. Sometimes it feels like I’ve wandered into a production of Rashomon. For example, AllThingsD summarizes the thoughts of anti-trust lawyers it asked for comment: Apple argued that the facts show no conspiracy in restraint of trade. But Cote found that the company’s actions were a per se violation of antitrust law. In other words, they were inherently illegal, so there was no need to prove that they had any anticompetitive effect on the...

Apple, Amazon bury hatchet over ‘App Store’ trademark
July 9, 2013 | 10:17 pm

In a rare case of a corporations actually coming to their senses, Apple and Amazon have agreed to settle their 2011 lawsuit over whether Amazon could use the term “app store.” Both Apple and Amazon will continue to be able to use the name for their stores where applications for their respective tablets may be purchased. Did Apple decide the suit was pointless with the DoJ breathing down their neck about bigger issues? Or just realize that the ship had sailed and the term was already in generic use at this point? Who knows? The important thing is, both...

Why Apple is still fighting the DoJ
June 30, 2013 | 3:44 pm

The Wall Street Journal has a look at why Apple is so persistent in fighting the Department of Justice charges after the publishers already settled. It basically comes down to not having its ability to negotiate with other media businesses hampered, not having to get rid of its “most favored nation” clauses in other media sales (it does use them in other areas than just e-books), and not having to put up with government oversight. "Any time there is a monitor, there is someone sticking their nose in your future business and you aren't comfortable," said...

Penguin wants Author Solutions lawsuit dismissed
June 25, 2013 | 11:55 am

Author Solutions, Penguin’s self-publishing imprint, has been a bit controversial for a while. Last year an anonymous poster claiming to be an AS employee had some pretty damning things to say about the company’s business practices. Last July, Penguin bought the self-publishing firm, shocking some industry onlookers: What does Author Solutions bring to the table? Well, for starters, around $100m in annual revenue. Roughly two-thirds of that money comes from the sale of services to writers, and only one-third from the royalties generated by the sale of their books. Pause for a moment...

Apple anti-trust case hinges on ‘Most Favored Nation’ clause
June 7, 2013 | 11:46 pm

In case you hadn’t noticed, the trial of Apple on serving as the ringleader for the agency pricing trust has just closed out its first week, with an expected two more to go. Fortune has a decent recap of the issues at stake, as well as some cogent analysis of why this case could very well go to the Supreme Court. It appears the case may not be quite as cut-and-dried as Judge Cote’s pre-trial remarks suggested. Another Fortune piece suggests she may be beginning to see some things Apple’s way. It appears the ruling is going to...

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...