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Zelle  LLP

Amazon and the Independent Bookseller: A New Look at Market Definition?

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When one thinks of technological advances that have forced antitrust lawyers to think about market definition differently, Amazon’s rise to power is perhaps the most obvious example. For years, the behemoth company and its...more

White & Case LLP

The end of the e-book's secondhand market - Court of Justice of the European Union forbids resale without rights holders' consent

White & Case LLP on

White & Case Technology Newsflash - In a constantly growing number of sectors, the acquisition process is shifting more and more towards digital. This also applies to the book market. Whereas in the past, mainly physical...more

Hogan Lovells

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

Hogan Lovells on

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical...more

Proskauer - New Media & Technology

Claims against Cloud Storage Service Hinge on Grant of Rights Clause

In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more

Foley Hoag LLP - Making Your Mark

Fair Use Copyright Ruling Stands For Google Books

Last month, the Supreme Court denied certiorari in Authors Guild v. Google, Inc., the long-running copyright case involving Google’s Google Books project. The high court’s refusal to hear the case leaves in place the Second...more

Ballard Spahr LLP

Second Circuit Affirms Fair Use in Google Books Decision

Ballard Spahr LLP on

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

Patterson Belknap Webb & Tyler LLP

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

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