Posts Tagged: "eBooks"

Publishers scored a win yesterday in the U.S. District Court for the District of Maryland when the court granted their request for a preliminary injunction enjoining enforcement of the Maryland Act, which essentially calls for compulsory licensing of electronic literary works to libraries on “reasonable terms”. The law went into effect on January 1, 2022. The lawsuit was brought by the Association of American Publishers (AAP) against the state of Maryland and charged that the Maryland Act was preempted by the U.S. Copyright Act. The Maryland Act requires publishers to 1) offer to license copyrighted electronic literary products, such as eBooks and digital audiobooks, to public libraries, and (2) to ensure the terms of such licenses are fair. The goal was to avoid up-charging and stringent licensing restrictions on libraries.

The ability of copyright owners to experiment with different marketing strategies is fundamental to copyright law. Indeed, the U.S. Copyright Act promotes the public good by granting exclusive rights to copyright owners that incentivize the creation and dissemination of new works on their own terms. These exclusive rights are the reason why copyright owners invest time, energy, and money into creating new works, and why they have a chance to recoup expenses and perhaps make a profit. The Copyright Act has always celebrated the right and ability of copyright owners to choose whether, how, when, and where their works are distributed to the public. And under our dual system of government, where federal law reigns supreme, it is well-settled that the states are powerless to interfere in ways that conflict with the nationwide scheme established by Congress. Nevertheless, there is an alarming new trend of states pursuing laws that would force publishers, many of whom are also authors, to grant licenses to public libraries for access to their digital works, such as eBooks and audiobooks.

In early October, the U.S. Court of Appeals for the Second Circuit (2d Cir.) handed down a decision, which almost answered important questions about how cloud-based access to content can affect copyright holders. At issue in the case, Cheryl Smith v. Barnesandnoble.com, LLC, was Barnes & Noble’s activities in providing samples of a text through the cloud to consumers after a licensing agreement on that piece of text was terminated.

We found another pair of patents related to digital worlds, an area where IBM has been active of late. A system for ensuring that the highest number of objects contained within a three-dimensional scene are seen by a person navigating the scene is the focus of U.S. Patent No. 8970586. The patent claims a clairvoyance method for a 3D scene by acquiring parameters associated with a clairvoyance camera and a clairvoyance viewport, determining a 3D scene to be rendered according to those parameters, rendering the 3D scene to obtain a 2D image presented in the clairvoyance viewport and composing the 2D image presented in both a clairvoyance viewpoint and a general scene viewport. This system overcomes issues of inconvenient manipulation virtual contentand low efficiency in modifying a 3D scene view to uncover an object.

The system laid out in these three interrelated patent applications would create an entire secondhand market for digital content like eBooks, music files and other software by managing access rights for a single file across multiple users. For example, a user could choose to sell the digital access rights to a music file to another user. When the transaction takes place, the server hosting the file receives a notice that access has shifted from one user to another. The patent’s methods also mention facilitating a money transaction with the access transfer. This system would also help users who want to access their DRM content on a different device; often, an individual cannot access their content between different computers, even if they have access rights.