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Court Blocks Maryland’s Library E-book Law

Publishers Weekly: “In a rebuke to Maryland state legislators, a federal judge has granted the Association of American Publishers’ motion for a preliminary injunction, blocking Maryland officials from enforcing the state’s new library e-book law. “It is clear the Maryland Act likely stands as an obstacle to the accomplishment of the purposes and objectives of the Copyright Act,” concluded federal judge Deborah L. Boardman, in a 28-page opinion. Although the judge noted that the Maryland Act only requires an ‘offer’ to license and does not ‘explicitly require’ publishers to grant licenses to libraries, “this is a distinction without a difference,” Boardman concluded (lifting directly from the AAP’s brief), holding that the threat of civil and criminal penalties for non-compliance amounts to “a forced transaction” that “effectively strips publishers of their exclusive right to distribute.”..

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