cloudyn.png
Wednesday August 17th, 2022 6:09AM

Judge in Maryland strikes down library e-book law

By The Associated Press

NEW YORK (AP) — In a legal case closely watched by libraries and the publishing industry, a federal judge in Maryland struck down a state law requiring publishers to make e-books available on “reasonable terms" to libraries if they were also being offered to the general public.

The Association of American Publishers, the industry's trade organization, had contended that the bill violated the United States Copyright Act by allowing states to regulate publishing transactions. The Maryland law was passed with overwhelming support a year ago, and included provisions for fines up to $10,000 and higher.

Maryland U.S. District Judge Deborah L. Boardman issued her decision Monday, four months after she had enjoined the Maryland Act, writing at the time that the law's “practical impact” would force publishers “to offer their products to libraries — whether they want to or not — lest they face a civil enforcement action or criminal prosecution."

The state effectively conceded in April, with attorneys writing that “that there is no genuine dispute as to any material fact.” But the Association of American Publishers was still seeking a permanent injunction. Boardman ruled Monday that the injunction was unnecessary because the law was “unconstitutional and unenforceable.”

AAP President and CEO Maria A. Pallante praised Monday's announcement, saying in a statement that Boardman had delivered a “clear decision that protects the exclusive rights that are the basis of the United States Copyright Act and the means by which authors and publishers make so many intellectual and economic contributions to society and the long-term public interest.”

Publishers and libraries have fought for years over providing e-books to library patrons. Publishers have worried that unlimited, or near-unlimited access to free e-books from libraries would damage sales and have responded by restricting their use and raising fees charged to libraries. Libraries have contended that it is part of their mission to make books as available as possible and that encouraging reading, for free or not, benefits everyone.

In New York last year, Governor Kathy Hochul vetoed a bill similar to the Maryland Act that had passed by wide margins in the state legislature. She wrote that “While the goal of this bill is laudable, unfortunately, copyright protection provides the author of the work with the exclusive right to their works."

  • Associated Categories: Associated Press (AP), AP Online Headlines - Washington, AP Online Congress News, AP Entertainment, AP Business
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Jan. 6 panel hears: Trump 'detached from reality' in defeat
Donald Trump’s closest campaign advisers, top government officials and even his family were systematically dismantling his false claims of 2020 election fraud ahead of the Jan. 6 attack on the Capitol
8:25PM ( 8 minutes ago )
Yellowstone floods wipe out roads, bridges, strand visitors
Flooding has wiped out roads and bridges and closed off all entrances to Yellowstone National Park at the onset of the busy summer tourist season
8:20PM ( 13 minutes ago )
Western wildfires force evacuations in Arizona, California
Wildfires burning throughout the American West are forcing evacuations as crews deal with more hot, windy and dry conditions
7:58PM ( 36 minutes ago )
Associated Press (AP)
HHS secretary Becerra tests positive for COVID-19 again
President Joe Biden’s top health official has again tested positive for COVID-19, less than a month after he came down with virus symptoms while on a trip to Germany
6:58PM ( 1 hour ago )
Takeaways: Trump's mind 'made up' on fraud ahead of Jan. 6
In its second day of public hearings, the House panel investigating the Jan. 6, 2021, insurrection is making the case that Trump and his advisers knew that his claims of fraud in the 2020 election were false
6:24PM ( 2 hours ago )
Jan. 6 panel hears Trump 'detached from reality' amid defeat
Donald Trump’s closest campaign advisers, top government officials and even his family were systematically dismantling his false claims of 2020 election fraud ahead of the Jan. 6 attack on the Capitol
5:58PM ( 2 hours ago )
AP Online Headlines - Washington
UK unveils law unilaterally changing post-Brexit rules
Britain’s government has unveiled legislation that would unilaterally change post-Brexit trade rules for Northern Ireland
1:05PM ( 7 hours ago )
Texas shooting records could be blocked by legal loophole
Some Texas lawmakers and advocates are concerned that law enforcement authorities will use a legal loophole to block the release of further information related to the mass shooting at an elementary school
1:03PM ( 7 hours ago )
Mastriano brings election denier onto Pa. governor campaign
The Pennsylvania Republican nominee for governor who's pushed Donald Trump's election lies has appointed Trump's former campaign lawyer as a senior legal adviser to his campaign
12:55PM ( 7 hours ago )
AP Online Congress News
Alo's choice of pro softball leagues shows sport's growth
Oklahoma softball player Jocelyn Alo will play for the new Women's Professional Fastpitch league
5:41PM ( 2 hours ago )
'A Strange Loop’ makes history at Tonys; ‘Company’ wins 5
“A Strange Loop,” an irreverent, sexually frank work about Blackness and queerness took home the best new musical crown at the Tony Awards on Sunday, as voters celebrated Broadway’s most racially diverse season by choosing an envelope-pushing Black voice
3:59PM ( 4 hours ago )
Philip Baker Hall, of 'Hard Eight,' 'Seinfeld,' dies at 90
Philip Baker Hall, the prolific character actor of film and theater who starred in Paul Thomas Anderson’s early movies and who memorably hunted down a long-overdue library book in “Seinfeld,” has died
3:35PM ( 4 hours ago )
AP Entertainment
State Department officials meet with Griner's WNBA team
State Department officials have met with representatives of Brittney Griner’s WNBA team about the Phoenix Mercury star’s monthslong detention in Russia and the Biden administration’s efforts to secure her release
6:03PM ( 2 hours ago )
Column: Golf's civil war likely to produce no real winners
Golf is in the early days of a bitter showdown between the established PGA Tour and an upstart series funded by the repressive Saudi Arabian regime
6:00PM ( 2 hours ago )
The S&P 500 is in a bear market; here’s what that means
Wall Street is back in the claws of a bear market as worries about inflation and higher interest rates overwhelm investors
5:04PM ( 3 hours ago )
AP Business
Jan. 6 panel hears: Trump 'detached from reality' in defeat
Donald Trump’s closest campaign advisers, top government officials and even his family were systematically dismantling his false claims of 2020 election fraud ahead of the Jan. 6 attack on the Capitol
8:25PM ( 9 minutes ago )
Yellowstone floods wipe out roads, bridges, strand visitors
Flooding has wiped out roads and bridges and closed off all entrances to Yellowstone National Park at the onset of the busy summer tourist season
8:20PM ( 14 minutes ago )
Western wildfires force evacuations in Arizona, California
Wildfires burning throughout the American West are forcing evacuations as crews deal with more hot, windy and dry conditions
7:58PM ( 36 minutes ago )
Air Force: Crew not at fault for Afghan deaths in evacuation
The Air Force has concluded that air crew members acted appropriately and were not at fault for some tragic deaths during the chaotic evacuation from Afghanistan last year, when desperate Afghans clung to a military plane as it was taking off and fell to their deaths or were caught in the wheels
7:47PM ( 47 minutes ago )
Rapinoe, Morgan back for US for World Cup qualifiers
Megan Rapinoe and Alex Morgan have been included on the U.S. national soccer team roster for the upcoming CONCACAF W Championship, which will determine four of the region’s teams in the 2023 Women’s World Cup
7:38PM ( 56 minutes ago )