Publishers v. Audible: An Army of Red Herrings

Audible has now filed its response to the publishers’ request for a preliminary injunction—twice. It filed the exact same brief to argue that it shouldn’t be preliminarily enjoined (Dkt. 34) and to argue that the complaint should be dismissed for failure to state a claim (Dkt. 41). Unfortunately for Audible, the repetition of fallacious arguments … Continue reading “Publishers v. Audible: An Army of Red Herrings”

Audible’s Planned Caption Service is Not Fair Use

Late last month, a group of publishers filed a complaint against Audible in the Southern District of New York asking the court to enjoin the audiobook distributor’s launch of a new audio-to-text transcription service. Although Audible has yet to file a response, a statement from the company—a subsidiary of Amazon since 2008—hints at a fair … Continue reading “Audible’s Planned Caption Service is Not Fair Use”

Publishers v. Audible: VCRs and DVRs to the Rescue?

On August 23, a group of publishers, including Penguin Random House, HarperCollins, and Simon & Schuster, sued Audible for copyright infringement. Audible, which is a subsidiary of Amazon, sells and produces audiobooks, and it planned to launch a new speech-to-text feature on September 10. The feature, dubbed Audible Captions, would automatically convert the licensed audio … Continue reading “Publishers v. Audible: VCRs and DVRs to the Rescue?”