Skip to main content

And now, here’s a second lawsuit against book publishers over e-books

kindleLast month, the “big six” book publishers – Hachette, Holtzbrinck, Penguin, Harper Collins, Random House, and Simon & Shuster – managed to extricate themselves from a lawsuit over allegations of conspiring with Apple to price fix its eBook releases. Now, they’ve found themselves faced by another lawsuit over the possibility that their digital practices broke anti-trust laws. This time, the lawsuit may end up changing the eBook market in unexpected ways.

The New York Times has a report about a lawsuit filed at the end of last week in Federal District Court for the Southern District of New York by three small bookstores claiming that they were being forced out of the digital market by an agreement between the large publishers and, ironically, Amazon – the company that the earlier anti-trust-breaching agreement was reportedly designed to hurt. The complaint argues that the existing agreements between the publishers and Amazon – agreements that will have to be replaced as a result of the publishers’ settlements with the Department of Justice – “unreasonably restrain trade and commerce in the market of e-books sold within the United States.”

According to the Times report, the lawsuit’s argument revolves around the somewhat nebulous idea that the publishers in question have all entered into a secret agreement with Amazon that requires them to code their eBooks in a way that make them only readable on Kindles or devices with Kindle apps. The method, the small stores argue, unfairly trains the eBook audience to conflate digital publishing with Amazon and the Kindle specifically. While this is clearly true for Kindle editions of the digital releases, it’s blatantly untrue of, say, Apple iBooks editions of the same titles or other digital editions, which makes the complaint somewhat confusing.

The lawsuit argues that the publishers should instead offer their eBooks with open-source coding that makes them readable on any device using any software, pointing to Apple eventually moving to offer music free of Digital Rights Management-software after a series of legal challenges. That comparison feels false, however; surely the more appropriate Apple analogy would be the fact that it offers iTunes downloads as mp4 files locked to Apple devices instead of mp3s playable on other devices. The legal action seeks an immediate injunction to the practice, as well as damages resulting from the estimated lost sales it may have induced.

Presuming that this lawsuit isn’t immediately dismissed by the court, especially in light of the new agreements required by the DOJ settlements each of the publishers have agreed to, it’ll be interesting to see what effect this will have on eBooks and the digital market on the whole. The aim is clearly to open the market up to more retailers, but it’s not unimaginable that a legal order to remove DRM from eBooks may change publishers’ attitudes towards the format for fear of accidentally facilitating piracy with every new release.

The three booksellers behind the suit – Posman Books, the Book House of Stuyvesant Plaza, and Fiction Addiction – report that the lawsuit is a class action filed on behalf of other independent booksellers in addition to themselves. In response to the lawsuit, Amazon says, as matter of company policy, it will not comment on ongoing litigation.

Graeme McMillan
Former Digital Trends Contributor
A transplant from the west coast of Scotland to the west coast of America, Graeme is a freelance writer with a taste for pop…
The best smart light switch for Alexa, Google Home, and HomeKit
The Kasa app being used to control the Kasa Smart Dimmer Switch.

One of the most satisfying smart home devices to see in action are smart lights. The thrill of dimming bulbs and changing colors with an app or voice commands has yet to wear off, and it’s one of the easiest products to set up, schedule, and troubleshoot. But what if you want to add smart capabilities to an existing light fixture? If you’re dealing with a ceiling fan, sconce, or some other pre-wired bulbs, you’ll just need to invest in a smart light switch.

These web-connected products come in multiple gang box sizes, and are sold by many different companies. Not all switches are created equal though, and we wanted to round up the best options for those with Alexa, Google Home, and HomeKit ecosystems. So we’ve done just that!

Read more
From Ninja to Cuisinart: The 5 best Keurig alternatives in 2024
A Keurig K-Supreme coffee maker sits on a kitchen counter next to K-Cups and glass of iced coffee.

There’s nothing better than a hot cup of coffee in the morning. Unfortunately, not all of us have the time to brew a fresh pot before we hit the road. That’s where small appliances like the Keurig come in handy though. Designed to whip up a great-tasting mug of warm delight in just a few minutes, it’s hard to beat the convenience delivered by the popular brand. But Keurig isn’t the only name in town.

If you’ve got a lot of mugs to fill in the morning, or you think you could score a better deal by going with a non-Keurig model, we’re on your side! Here’s five Keurig alternatives for 2024 you can buy right now.

Read more
The 5 best office chairs for long hours in 2024
The Verve in an office.

When you spend half (or more) of your day in an office chair, a $50 budget-buy store brand isn’t the kind of purchase you should be making. Not only are these cheap items more likely to break down over time, but there’s a good chance this kind of chair isn’t going to have the elevated support features your body needs. That’s why we’ve put together this list of the five best office chairs for long hours in 2024.

Each of these models are tailor-made for those of us who need a comfortable chair that feels good all day. We’ve also made sure to include a couple of options for folks who experience back pain, shoulder strain, and other sore conditions.

Read more