 |
|

Legal news from Friday, February 8, 2013 |
 |
|


Macmillan settles e-book case with DOJ
Addison Morris on February 8, 2013 2:15 PM ET

[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Friday that a settlement has been reached with Holtzbrinck Publishers LLC, known by the public as Macmillan [corporate website], over allegations that the publishing company conspired with Apple to raise the retail price of e-books. The DOJ's Antitrust Division [official website] reached agreements previously [JURIST reports] with Hachette Book Group Inc., HarperCollins Publishers L.L.C., Penguin Group (USA) Inc. and Simon & Schuster Inc. [corporate websites], making Macmillan is the last of five publishers to reach a settlement. As a result of the agreement, Macmillan will lower its prices on e-books. Though Macmillan CEO John Sargent maintained his assertion that the company had done nothing wrong, he explained in an online letter [tor.com blog] addressed to "Authors, Illustrators and Agents" that Macmillan chose to settle "because the potential penalties became too high to risk even the possibility of an unfavorable outcome." The proposed settlement was filed in the US District Court for the Southern District of New York [official website] and will await approval by a federal judge after a 60-day comment period. The DOJ stated that it will continue to litigate against Apple, Inc. [corporate website] for conspiring with the five publishing companies, with the trial scheduled to begin in June.
The DOJ alleged that Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster conspired to fix the prices of e-books in response to Amazon's discount pricing strategy. The DOJ brought the suit in April, and the court denied a motion to dismiss [JURIST reports] in May. Commentators had been very mixed in response to the proposed settlement agreement. Some commentators have suggested that the DOJ's lawsuit is merely "superficial" [JURIST op-ed] and that the effect of the agency agreements may actually have been a net-positive to consumers if Amazon was selling e-books as loss leaders in order to drive the sale of Kindles. Other commentators, however, state that commentators against the settlement agreement and the defendants' arguments are based on a premise that competition is wrong [JURIST op-ed].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Philippines lawmakers approve refugee law
Samuel Franklin on February 8, 2013 1:51 PM ET

[JURIST] The Congress of the Philippines [official website] on Wednesday passed a bill [text, PDF] to protect the rights of more than one million internally displaced persons (IDPs). The bill was praised [press release] by the UN Refugee Agency [official website] on Friday. If the bill is signed into law, the Philippines will become the first country in the Asia-Pacific region to have legislation embracing the UN Guiding Principles on Internal Displacement [text, PDF] according to the UN. The bill outlines specific protections for displaced persons and offers compensation for IDPs who lose homes and property. The UN High Commission for Refugees has estimated that approximately 300,000 people were displaced throughout the Mindanao region between January and October of last year alone due to natural disaster and rebellion, prompting the passage [JURIST report] of the Human Rights Victims Reparation and Recognition Act of 2013 [text, PDF]. The refugee bill must still be signed by President Benigno Aquino [official profile] in order to become law.
The plight of the internally displaced harkens back to the 2004 Indian Ocean tsunami, Hurricane Katrina as well as the more recent Fukushima tsunami and nuclear disaster. Following the Hurricane Katrina fallout in 2005 the US Human Rights Network urged [JURIST report] that the rights of the hundreds of thousands of hurricane evacuees—in legal terms, not refugees forced out of their own country by persecution, but rather IDPs forced from their homes inside a country—be fully respected according to the UN Guiding Principles on Internal Displacement. In 2004 the UN special envoy for tsunami recovery following the Sumatra-Andaman earthquake commended [JURIST report] the efforts made by the affected countries for providing the basic rights under the UN Guiding Principles, but nonetheless urged leadership to do more to protect human rights.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Turkish parliament enacts legislation on terrorism financing
Sarah Paulsworth on February 8, 2013 10:17 AM ET

[JURIST] Turkey's parliament [official website, in Turkish] on Thursday approved legislation to prohibit terrorism financing. In passing this legislation [ANA report], Turkey may have narrowly avoided expulsion from the Financial Action Task Force (FATF) [official webpage]. Turkish President Abduallah Gul [BBC profile] now has 15 days to approve the legislation, after which it can be enacted. FATF has given Turkey until February 22 [FATF public statement] to remedy deficiencies in its terrorist financing offense and establish an adequate legal framework for identifying and freezing terrorist assets consistent with the FATF Recommendations. Expulsion from the FATF would have put Turkey in the company of countries like Iran and North Korea, restricted foreign activity with Turkish banks and negatively affected its credit ratings [Reuters report].
Turkey's anti-terrorism legislation has been shrouded in controversy for some time. The Council of Europe [official website] on Tuesday urged Turkey [JURIST report] to move more quickly in its efforts to reform legislation. Council Secretary-General Thorbjorn Jagland [official profile], speaking at a conference in Ankara, emphasized the importance of reform in the laws governing freedom of expression and anti-terrorism. In January a Turkish Court charged nine lawyers [JURIST report] for membership in an outlawed group under Turkey's anti-terrorism laws. The lawyers, including some human rights advocates, are accused of being associated with the Revolutionary People's Liberation Party-Front (RPLP), a group that advocates for a Marxist state and has claimed responsibility for violence and assassinations in the country since the 1970s. Most recently, the group claimed responsibility [NYT report] for a suicide bombing attack on the US Embassy in Ankara. The UN Human Rights Committee (UNHRC) [official website] criticized Turkey in November for prosecuting activists [JURIST report] under the country's vague counter-terrorism law.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Haiti court orders former president Duvalier to appear at human rights hearing
Max Slater on February 8, 2013 9:49 AM ET

[JURIST] An appeals court judge in Haiti on Thursday ordered former president Jean-Claude Duvalier [CBC profile; JURIST news archive] to face charges of abusing human rights. Duvalier returned to Haiti in 2011 after 25 years in exile, prompting an investigation [BBC report] for crimes he committed from 1971-1986. Last January a magistrate judge dismissed human rights charges against Duvalier [JURIST report], including allegations of rape, torture and murder, on the grounds that the statute of limitations had expired. Twenty victims of Duvalier's reign initiated the charges and appealed the case after it was dismissed. At the hearing on Thursday, appeals court judge Jean Joseph Lebrun rejected Duvalier's argument [Reuters report] that the victims did not follow proper procedure, and ordered Duvalier to appear in court to face the charges. Duvalier's hearing is scheduled for February 21.
Earlier this week Amnesty International and the Open Society Justice Initiative [advocacy websites] urged Haiti to ensure that Duvalier is brought to justice [JURIST report]. Last February the US State Department [official website] dispatched [JURIST report] a team of international law experts to Haiti to assess how the country could reinforce the power and independence of its judiciary. That same month, UN Independent Expert Micael Forst said that Haiti is making significant progress [JURIST report] with respect to the rule of law, citing improvements such as the establishment of judicial offices and the adoption of the International Covenant on Economic, Social and Cultural Rights [text; PDF]. In January 2012 a Haitian judge convicted [JURIST report] eight police officers of shooting and killing at least 10 prisoners following the January 2010 earthquake. In December 2011 the UN called for an investigation [JURIST report] into alleged torture and unlawful killings perpetrated by the Haitian National Police (HNP) [official website, in French].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|