How Not To Go Up Against Amazon

Joey Pinkney
By Joey Pinkney December 17, 2013 21:01

How Not To Go Up Against Amazon

judge-tosses-booksellers-suit-pwOn December 6, 2013, Judge Jed Rakoff released an 18-page decision to throw out the lawsuit three independent bookstores filed again Amazon and “The Big Six Publishers” (Random House, Penguin, HarperCollins, Simon & Schuster, Hachette Book Group, and Macmillan).

The Book House of Stuyvesant Plaza in Albany, N.Y., Fiction Addiction in Greenville, S.C., and Posman Books in New York City jointly filed an antitrust class action lawsuit in February 2013. By using DRM on the Amazon Kindle ebook files, Amazon and the Big Six were alleged to be working together to restrict the sale of ebooks.

Citing issues like lack of evidence of actual meetings or communications and no specification of which of the Big Six conspired with Amazon, Judge Rakoff saw no true merit in seeing the case move forward.

As it turns out, the American Booksellers Association has a deal with Kobo Books that allows independent bookstores to not only sell Kobo eReaders but to also make a commission from Kobo eBooks purchased in-store. The plaintiffs wanted a judgment to require Amazon to sell non-DRM ebooks on its Kindle eReader.

As pointed out by Judge Rakoff, Amazon is not required to allow other entities to sell on their platform.

Go to Judge Tosses Booksellers’ Suit Against Publishers, Amazon on Publishers Weekly to see the full article.

Joey Pinkney
By Joey Pinkney December 17, 2013 21:01
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2 Comments

  1. Penny Dickerson December 24, 06:16

    Great information delivered in a “speak-easy” tone.

    Words to the wise from the gavel of a judge named, “Jed,”:

    Lack of evidence gives a bogus case two legs to walk west everytime.

    I’m a tried and true “spine-text, hard-copy, bookish girl,” but for the legions of authors seeking to converge on digital platforms and publish, pay attention. This is your future.

    Thank you for exposing this Joey Pinkney. Well done!

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  2. Anthony Pathfinder December 24, 14:10

    Thanks for the update, bro!

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