Legal Issues

More Potential Bad News for Amazon.com...

birdie — Fri, 16 May 2008 09:41:00 -0500

...in the Lone Star state?

Taking a tip from the Empire State, here's a report that The State of Texas Comptroller's Office is currently investigating whether the presence of an Amazon.com-run distribution facility in the Dallas suburb of Irving means the online retailing giant has a physical presence in the state. If the Comptroller's Office determines that Amazon.com does have nexus, the retailer would be responsible for collecting and remitting sales tax for purchases made by Texas residents and potentially would be liable for back taxes.

Amazon.com's website notes that it runs fulfillment facilities in Kentucky, Pennsylvania, Kansas, Texas, Nevada, Delaware, Arizona, and Indiana. The company lists customer service centers in North Dakota, West Virginia, and Washington. At present, Amazon only collects sales tax in Kansas, Kentucky, North Dakota, and Washington. Delaware does not charge sales tax.

Bookweb, a publication of the American Booksellers Association has the story.

FBI Targets Internet Archive... But Misses

birdie — Wed, 07 May 2008 18:42:28 -0500

Here we go again.

The Internet Archive protested the receipt of a National Security Letter from the FBI back in November. Today it won its case.

The Internet Archive, a project to create a digital library of the web for posterity, successfully fought a secret government Patriot Act order for records about one of its patrons and won the right to make the order public, civil liberties groups announced this morning.

On November 26, 2007, the FBI served a National Security Letter (.pdf) on the Internet Archive's founder Brewster Kahle, asking for records about one of the library's registered users, asking for the user's name, address and activity on the site.

Wired reports on the story.

Calls Needed TODAY to HOUSE JUDICIARY SUBCOMMITTEE Opposing “Dark Archive” Provision of Orphan Works Act

Bibliofuture — Tue, 06 May 2008 09:41:09 -0500

The American Association of Law Libraries on their "Washington Blawg" has the following appeal: Take Action! Calls Needed TODAY to HOUSE JUDICIARY SUBCOMMITTEE Opposing “Dark Archive” Provision of Orphan Works Act

See: http://aallwash.wordpress.com/

Copyright and the World's Most Popular Song

Blake — Tue, 06 May 2008 05:47:40 -0500

Copyright and the World's Most Popular Song: Happy Birthday to You" is the best-known and most frequently sung song in the world. Many - including Justice Breyer in his dissent in Eldred v. Ashcroft - have portrayed it as an unoriginal work that is hardly worthy of copyright protection, but nonetheless remains under copyright. Yet close historical scrutiny reveals both of those assumptions to be false. The song that became "Happy Birthday to You," originally written with different lyrics as "Good Morning to All," was the product of intense creative labor, undertaken with copyright protection in mind. However, it is almost certainly no longer under copyright, due to a lack of evidence about who wrote the words; defective copyright notice; and a failure to file a proper renewal application.

Amazon Sues New York State

birdie — Thu, 01 May 2008 10:18:44 -0500

PW reports: They said they would and now they have.

Amazon has filed suit in New York challenging the constitutionality of the state’s newly signed measure requiring out-of-state online retailers to collect sales tax on purchases made by residents of the state. The company maintains that because it has no physical presence in the state it has no nexus requiring it to collect tax. The New York statute says that members of Amazon’s affiliates program does in fact provide nexus. News of the suit first appeared in this morning’s Shelf Awareness.

IA Senate votes down proposal on libraries and R-rated movies

Blake — Tue, 29 Apr 2008 11:53:19 -0500

The Iowa State Senate voted down a proposal to require libraries which get state funds to restrict loaning R-rated movies to kids under 18-years old. Brad Zahn, a Republican from Urbandale, offered the amendment to an education appropriations bill.
Wood says the amendment tries to put librarians in the position of deciding who can view the videos. "Librarians will tell you that this is an infringement of the First Amendment rights, and once you start restrictions, where do you stop.," Wood says.

Oregon ACLU Joins Booksellers in Condemning Sexual Materials Law

birdie — Mon, 28 Apr 2008 17:49:30 -0500

The American Civil Liberties Union of Oregon has joined booksellers and librarians in the state to challenge a state law restricting the sale or provision of sexually explicit material to children, saying it could affect constitutionally protected material.

The ACLU says the law approved by the 2007 Legislature is vague and could result in parents being charged for providing educational books to their children - or even an older child who gives material to a younger sibling.

As an example, the ACLU cited the 1975 novel "Forever" by Judy Blume, a frequent target of censors because it deals with teenage sexuality. "A 17-year-old girl who lends her 13-year-old sister a copy of the book and tells her to 'read the good parts' could be arrested and prosecuted," said Dave Fidanque, ACLU executive director for Oregon.

"For booksellers, the new law is vague and difficult to apply," Michael Powell, owner of Powell's Books, said in a news release. "It says a 13-year-old can legally buy these books, but it's a crime to sell them to a 12-year-old. How do I 'card' a 12-year old?"

The law was passed by the 2007 Legislature and signed by Gov. Ted Kulongoski. Story from kcby CBS as well as oregonlive.

Justice Scalia on 60 Minutes

Bibliofuture — Mon, 28 Apr 2008 12:55:56 -0500

Justice Scalia was on 60 Minutes on Sunday night. You can watch the full piece on the Sixty Minute website. Scalia has a new book coming out called Making Your Case: The Art of Persuading Judges.

Publisher sues Mass. prisons chief over book ban

Blake — Fri, 25 Apr 2008 09:30:58 -0500

A publisher that distributes books on the legal rights of prisoners sued the chief of the state's prison system Wednesday, claiming he is banning its publications in Massachusetts prisons.

Prison Legal News, a nonprofit publisher, alleges that Department of Correction Commissioner Harold Clarke and other prison officials refuse to add it to a list of approved vendors who can send books to prisoners.

The Jig Is Up for Internet e-tailers Selling in NYS

birdie — Thu, 24 Apr 2008 19:15:41 -0500

Now that it's been signed into law by New York Governor David Paterson, the Internet Sales Tax Law is starting to get some retailers, and customers up in arms.

For years, retailers with "brick and mortar" stores in New York have charged sales tax on orders placed through their Web sites. Yet Amazon.com and other e-tailers with no physical stores have not charged the tax, much to the delight of Internet bargain hunters. However, the state estimates that the new rule will bring in $50 million in just 2008. The tax rule will go into effect at the beginning of June.

CBS News has the story; and here's a New York State webpage which includes this Internet Sales Tax Provision .