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Diesel

Tuesday News: New suit against Apple et al, the recession’s effect on the US economy, writer’s envy, and truly funny cat video

Tuesday News: New suit against Apple et al, the recession’s effect...

Judge Says Price-Fixing Suit Filed by Retailers Can Proceed – Judge Cote has ruled that an antitrust suit brought by independent bookseller DNAML against Apple et al can move forward, likely in tandem with Lavoho, LLC and Abbey House Media (formerly Diesel and Books on Board).

Question: Will these publishers ever get it? Amazon v. Hachette suggests maybe not.

Although Cote in her opinion said proving damages was going to be difficult “in the extreme” for the DNAML, she held that the plaintiff’s case met the standard to proceed. But while Cote suggested that proving damages might be difficult, she added that DNAML’s “lost investment,” in its business “may be reasonably quantifiable.”

“It is more than plausible that a discount retailer was harmed by a conspiracy to remove retailers’ ability to discount e-books,” the judge wrote in her order, adding that the retailers were “indisputably competitors in a market in which trade was restrained.” –Publishers Weekly

Here’s how the recession affected jobs in newsrooms, publishing, advertising, and more – 255 charts tell the story of “how the recession reshaped the economy,” including almost 500,000 jobs in traditional publishing lost, along with major losses (thus far unrecovered) in television, radio, and broadcast. Salaries for telecom resellers dipped the most, followed by salaries for those in newspaper publishing (not a big surprise). If you have like ten hours to spare, check out the charts. –Nieman Journalism Lab

Whose Writing Career Do You Most Envy? – These little Bookends pieces by Zoë Heller and Daniel Mendelsohn are sometimes pretty interesting, more, I think, for the questions and issues they raise, than for their actual answers. In this case, it’s what writer’s career do you envy, which bring up much philosophizing about how difficult it is to envy any writer’s career when you know too much about a writer, something that seems particularly poignant right now, with all the social media to which we have access. Still, some interesting questions around popularity and creativity, and how the patterns to many writers’ careers may be more similar than dissimilar.

The Greeks’ insistence that we consider the whole life before making final judgments has an interesting literary application. As a critic, I’m often struck by the way in which so many successful writers settle into a groove by midcareer: Whatever marked them as special, new, or distinctive when they started — the “thing” that set them on their path — becomes, with time, a franchise; at worst, a straitjacket. By the end, most of us repeat ourselves. Very few — perhaps only the greatest — continue to grow. Almost inevitably, the innovator of yesterday becomes the éminence grise of today. –New York Times

Nobody Believed Her When She Said Her Cat Does This. So She Set Up A Camera To Prove It. LOL! - I’m not usually one for cute cat videos, but this one is hilarious. Watch it, laugh, and enjoy the rest of your day. –Reshareworthy

Thursday News: Klout sells to Lithium, Diesel eBooks closes, Books on Board sues Apple & Big 5, and NASA gives us pretty pictures

Thursday News: Klout sells to Lithium, Diesel eBooks closes, Books on...

Klout acquired for $200 million by Lithium Technologies – Remember when everyone was checking their Klout scores? Well, apparently Klout’s own score has just risen exponentially, with this $200 million acquisition by Lithium, in a mix of cash and private stock. Are people still paying attention to Klout? The whole thing seemed kind of random to me, but I admit I never studied the service in any detail.

Early on, Klout’s scoring process earned controversy. How valuable is an individual’s social pull? Could it be monetized? And how exactly were Klout scores achieved? To wit, at one point, President Obama ranked lower than tech influencer Robert Scoble, an issue that was remedied with a major redesign in 2012 that offered more accurate scores, as well as further transparency into how scores are measured. Since then, Klout has also expanded with Klout for Business, a portal intended offering deeper analytics to brands, as well as content creation aggregation, so users could share articles and posts with their audience. –Fortune/CNN

Diesel eBooks to Close – Although apparently Diesel claims it’s not gone for good, the short notice of their shutdown (and apparently you have until March 31st to back up your books) doesn’t exactly bode well, does it. Nor does the incredibly brief announcement on their website. –Publishers Weekly

Defunct Indie eBook Retailer BooksOnBoard Files Antitrust Lawsuit Against Apple, 5 Publishers – And speaking of Diesel, Books on Board has joined them in filing an antitrust suit against Apple and the Big 5 publishers, arguing, like Diesel, that they were harmed by the collusion. In BOB’s case, they are claiming that “agency” pricing effectively shut them down, and considering my own experience trying to buy books right when the pricing scheme was rolling over into “agency,” that argument doesn’t seem so far fetched.

They’re basically making the same argument as the one Diesel eBooks made when that ebookstore filed its suit a couple weeks ago. Both parties are pointing to the lawsuit which the Department of Justice filed against Apple and the publishers in April 2012. The 5 publishers settled before trial, but Apple lost in July 2013.

. . .

According to the complaint, BooksOnBoard says that before Agency took effect in April 2010, they were the largest independent ebook retailer in the United States, with revenue behind only Amazon and Barnes & Noble. (I think they are exaggerating for effect.)  –The Digital Reader

Galleries: NASA celebrates the Cosmos – And now, a virtual palate cleanser. Enjoy! –News.com.au