FTC awarded preliminary injunction against publisher of online academic journals

The Federal Trade Commission (FTC) was awarded a preliminary injunction by the U.S. Court of the District of Nevada against defendants OMICS Group Inc., iMedPub LLC, and Conference Series LLC, to stop them from engaging in alleged unfair and deceptive practices in the publication of online academic journals and the organization of scientific conferences.

The injunction also requires the defendants to identify assets and account for their current finances, and to preserve financial records.

Education publishers make good on promise to fight counterfeit textbooks

On August 17, 2017, four higher education publishers, Cengage, Elsevier, McGraw-Hill Education and Pearson Education, initiated five lawsuits against 40 alleged sellers of counterfeit textbooks, including two identified sellers: Yaroslav Stolyarchuk and Zichao Wang.

The case against Stolyarchuk was filed in the United States District Court for the Eastern District of California alleging the sale of counterfeit textbooks through seven identified online storefronts, including the defendant-operated website, www.booksliquidation.com.

TAA once again stands up for authors in Google Books case

More than a decade ago, in 2004, Google initiated a program, in concert with several university and large public libraries, to scan and digitize the entire contents of millions of books without regard to whether they were or were not still under copyright, ultimately making complete digital copies of more than 20 million books. Google’s goal was to expand its search business to include print works as well as online works. It spent hundreds of millions of dollars on this project, suggesting what Google believed to be its commercial potential.

Why print is still winning

The debate about digital textbooks (etextbooks) and whether they will replace their physical counterparts continues this week with recent findings from the University of Washington. Their study showed that roughly 25% of students who were given free versions of etextbooks still purchased a physical copy of the same book.

“These are people who aren’t supposed to remember what it’s like to even smell books,” said Naomi S. Baron, an American University linguist who studies digital communication. “It’s quite astounding.”

Supreme Court rules in favor of plaintiff in copyright infringement case

On May 19, the US Supreme Court decided in favor of Paula Petrella in the copyright infringement case Petrella v Metro-Goldwyn-Mayer, Inc., stating that laches “cannot be invoked as a bar to Petrella’s pursuit of a claim for damages brought within…the three-year window.”

(Laches means that a legal right or claim will not be enforced if a long delay in asserting the right or claim has hurt the opposing party as a sort of “legal ambush.”)