Legal Issues

AAP Brief Asks Court to Bar Importation of Unauthorized Works

The Association of American Publishers filed a friend of the court brief yesterday urging the Supreme Court to uphold a ruling by the Ninth Circuit which held that the "first sale doctrine" does not apply to the unauthorized importation into the U.S. of copyrighted works that are manufactured overseas and acquired abroad.

Full article at Publishers Weekly

Librarian Gone Wrong

In 2009, Jay DeVaughn was named the Community College of Aurora's administrator of the year.

In 2010, DeVaughn will plead guilty to sending death threats and white powder to President Barack Obama and congressional representatives from Colorado and Alabama, the U.S. attorney's office in Denver said Thursday.

DeVaughn, 42, of Aurora will be sentenced Nov. 19. His handwriting and fingerprints were found on the letters that ranted about health care reform. Federal agents also matched DNA on the letters to DNA found on items in a wastebasket in DeVaughn's office.

He was arrested in March, a few days after federal agents watched him mail four powder-laden packages at a southeast Denver post-office mailbox. The day before his arrest, DeVaughn admitted himself to Porter Adventist Hospital for mental-health reasons.

Read more: Ex-librarian to plead guilty to sending death threats - The Denver Post http://www.denverpost.com/news/ci_15908605#ixzz0xoM6dTHc

Sheet Music Piracy: You Can Get Everything For Free On The Internet

Songwriters don't want their sheet music shared online. But are the laws against it out of date?

Full story on NPR

SkyRiver Files Antitrust Suit Against OCLC

SkyRiver Files Antitrust Suit Against OCLC
July 29, 2010
Emeryville, CA—In a move that could have far-reaching implications for competition in the library software and technology services industry, SkyRiver Technology Solutions, LLC has filed suit in federal court in San Francisco against OCLC Online Computer Library Center, Inc. The suit alleges that OCLC, a purported non-profit with a membership of 72,000 libraries worldwide, is unlawfully monopolizing the markets for cataloging services, interlibrary lending, and bibliographic data, and attempting to monopolize the market for integrated library systems, by anticompetitive and exclusionary practices. -- Read More

Bookseller of Kabul Author Sued for Breach of Privacy

A court in Norway has ordered Åsne Seierstad, author of the Afghanistan-set bestseller The Bookseller of Kabul, and her publisher, Cappelen Damm, to pay 250,000 kroner (£26,276) in damages to a woman portrayed in the book.

Oslo district court ruled that the Norwegian author and journalist, whose book was based on the three months she spent living with a bookseller and his family, had breached the privacy of Suraia Rais, wife of bookseller Shah Muhammad Rais, and included inaccurate information in her account.

"The information [in the book] about Rais's thoughts and feelings is sensitive," the Oslo district court ruled, according to a report in the Dagbladet newspaper. "They are attributed to her as true, and neither Seierstad nor Cappelen Damm can be considered to have acted in good faith to ensure they were correct and accurate."

Mr Rais – the bookseller of the title – has always disputed its contents, which portray him as a tyrannical head of the household. He claimed that the book was distorted, revealed family secrets and put his family in danger, to the extent that his two wives both fled the country to live in exile in Canada and Norway. In 2007, Mr Rais wrote his own account of his life Once Upon a Time There was a Bookseller in Kabul. Last year he signed a deal with Indian distributor Motilal Books to sell his books into the UK.

Guardian UK.

Was It the Crime Novels? Prison Books Bring Plot Twist to Cheshire Killings

NY Times, Dateline: NEW HAVEN — As the trial approaches for one of the men charged in the triple-homicide home invasion in Cheshire, CT in 2007, all the motions, requests for evidence, and demands that one would expect in a complex capital case have flown back and forth between the defense and prosecutors.

But one stood out, tantalizingly. The defense said it would request that the names of books that one of the accused men, Steven Hayes, checked out of a prison library before the killings not be admitted as evidence. The books, the defense indicated in one motion, included plots that were “criminally malevolent in the extreme.”

Mr. Hayes’s lawyers suggested that prison librarians might have given him what amounted to a literary blueprint for the crime, one that already has what some see as a literary predecessor of sorts: it has been compared with the 1959 Kansas killings described in Truman Capote’s “In Cold Blood.”

The defense lawyers’ suggestion that prison library books could have shaped the crime — or that knowing Mr. Hayes read them could turn jurors against him — has created a strange kind of guessing game about the literary interests of Mr. Hayes, 46, a career thief and drug abuser whose education topped out at a high school equivalency degree.

Kafka Experts Will Have to Keep Waiting...

If it were any other writer, today's unfolding of events in an anonymous bank vault in Zurich would be described as Kafkaesque. But the latest twist in a legal battle over the estate of Franz Kafka probably deserves some other adjective.

Four deposit boxes were pried open. Inside were manuscripts, drawings and letters from the Czech writer that had been locked away for more than 50 years, as Kafka experts around the world waited with baited breath. But the expectant Kafka enthusiasts, historians and critics will have to wait longer, after two Israeli sisters who insist they own the papers by inheritance from their mother banned all reporting of the boxes' contents.

They were opened on the orders of Talia Koppelman, a judge from the Tel Aviv family court. Last week she also ordered the opening of six safety deposit boxes in Israeli banks containing other Kafka works.

Today's unlocking at Zurich's UBS bank of safes sealed since 1956 was attended by lawyers representing, on one side, Eve and Ruth Hoffe and the German literature archive, and, on the other, the state of Israel and its national library.

Update from Guardian UK and some background on the case .

House Moves to Make Funded Research Public

Moves to Make Funded Research Public
The U.S. House of Representatives has announced a public hearing to explore making publicly-funded research open to the public. Legislators in both the House and the Senate have already introduced bills calling for this. If they pass, the implications could be significant and might result in an economic jump.
Meanwhile... BP Launches Effort To Control Scientific Research Of Oil Disaster : The lucrative $250-an-hour deal “buys silence,” said Robert Wiygul, an Ocean Springs environmental lawyer who analyzed the contract. “It makes me feel like they were more interested in making sure we couldn’t testify against them than in having us testify for them,” said George Crozier, head of the Dauphin Island Sea Lab, who was approached by BP.

Department of Ed Lays Down Law on Kindle E-Reader Usage

The United States Department of Education and Department of Justice have just issued a reminder calling for colleges and universities--as well as K-12 school districts--to make sure devices such as e-readers that are required in the classroom comply with accessibility laws. The federal action came on the heels of a settlement agreement made by Justice with five institutions that were running Amazon Kindle e-book readers as pilot programs. According to the agencies, Kindle devices aren't accessible to students who are blind or have low vision.

Full article

Girl Meets Copyright: From copy ignorance to copyawareness

girl meets copyright

So you want to complain that open access will destroy the marketability of your work? Okay. Fine. But then don’t complain when books cost money, and when that course packet of essays you want to put together for your class turns out to cost a lot of money, and when the library and the department send you nasty notes about the illegality of making multiple copies of copyrighted work for your classes. Because you know what? All those other writers want their work to be marketable, too, and their publishers all told them that the only way to do that was to clamp down on all these people trying to steal their stuff for free.

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