March 18, 2018

Plaintiffs Must Pay Almost $3 Million in GSU Legal Fees

On September 30 Judge Evans, who had already said the publisher plaintiffs in the Georgia State University (GSU) ereserves case would have to pay the university’s court costs, has now put a number on that obligation: just shy of $3 million. That’s $2,861,348.71 in attorney’s fees and $85,746.39 in costs.

AAP Responds to ALA Criticism of Big Six Ebook Policies

The Association of American Publishers (AAP) today issued a response to American Library Association (ALA) President Maureen Sullivan’s open letter, which on Monday sharply criticized the ongoing refusal of several major publishers to sell ebooks to libraries. The AAP’s response counters that “publishers support the concept of e-lending but must solve a breadth of complex technological, operational, financial and other challenges to make it a reality.” Individual publishers are working to address these challenges, and antitrust laws prohibit publishers from convening to find common solutions to these emerging issues, the statement argues. It goes on to question the timing of the open letter, noting that the AAP had scheduled a meeting between ALA and more than 100 representatives from the publishing community in a few days.

GSU Ereserves Plaintiffs File Appeal

The plaintiffs in the Georgia State University ereserves case today appealed the decision to the 11th Circuit Court of Appeals. Judge Orinda Evans of the U.S. District Court for the Northern District of Georgia ruled largely in GSU’s favor on May 11, holding only a handful of GSU’s usages to be infringement. Plaintiffs Cambridge University […]

GSU Ereserves Plaintiffs Propose Injunction

The plaintiffs in the Georgia State University (GSU) ereserves case—Oxford University Press, Cambridge University Press, and Sage Publications—made one last attempt at getting the broader injunction they originally proposed before the trial but, realistically, offered as an alternative “a more narrowly tailored injunction” that more or less hews to the reasoning the court displayed in […]

Does It Pay To Sue Libraries? | Peer to Peer Review

Ever since the Georgia State e-reserves copyright lawsuit was filed in April 2008, the academic library (and faculty who were aware of it) community has been waiting to find out how Judge Orinda Evans would view the provision of digital course readings under fair use.  Now we know, based on her May 11 ruling, that […]

Georgia State Copyright Case: What You Need To Know—and What It Means for E-Reserves

One of the most closely watched e-reserve cases in recent memory came to an end—though an appeal is still possible—on May 11, when Judge Orinda Evans of the U.S. District Court for the Northern District of Georgia ruled in Cambridge University Press (CUP); Oxford University Press (OUP); Sage Publications v. Georgia State University (GSU). The case alleged copyright infringement in GSU’s e-reserves, and in essence the judge came down on the side of libraries in a 350-page decision delivered almost a year after she heard closing arguments.

Agency Model Antitrust Investigation Could Close Soon

The Department of Justice’s ongoing investigation of Apple and five major publishers could reach a conclusion as early as this week, according to Bloomberg. The department is looking into whether the publishers and Apple violated antitrust laws when they decided to adopt the “agency model” of ebook pricing. Apple, Penguin and Macmillan are prepared to […]

Scholarly Publishers Oppose FRPAA

On March 5, the Association of American Publishers’ Professional and Scholarly Publishing Division (AAP/PSP) and the DC Principles Coalition sent letters opposing the Federal Research Public Access Act (FRPAA) to the chair and ranking member of committees considering the bill in the Senate, and in the House of Representatives.

Tiptoeing Toward the Tipping Point | Peer to Peer Review

Controversy over the Research Works Act is turning many scholars into activists, writes Barbara Fister.

Unsinkable? | Peer to Peer Review

It turns out book publishing isn’t crashing and burning after all. A new report out from the Association of American Publishers and the Book Industry Study Group finds that over the past three years and during the worst recession since the Great Depression publishers are making money, even growing. This is a surprise considering everything I hear from the published – advances are down, midlist writers are being dropped, writers who have been doing well are getting less marketing support, and aspiring writers are increasingly assuming they’ll never be published the traditional way. It also is a surprise considering what we’ve been hearing from publishers, some of whom won’t let libraries loan ebooks until they can figure out how to make more money, even though an ebook already costs a library far more than the same book in print and loaned under the same constraints.