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<div><span class="gmail_quote">On 9/30/06, <b class="gmail_sendername">Doug Henwood</b> <<a href="mailto:dhenwood@panix.com">dhenwood@panix.com</a>> wrote:</span>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid"><br>On Sep 29, 2006, at 8:08 PM, Jerry Monaco wrote:<br><br>> The case was a copyright case.... and it was called Harper and
<br>> Row v. Nation Enterprises 471 U.S. 539 (1985), if any one is<br>> interested.<br>><br>> What Harper hit the Nation for was extensive quotation of the book<br>> and thus they claimed that the Nation violated their copyright.
<br><br>Ok, right, but as I recall Harper was pissed off that The Nation had<br>broken an embargo. It was a commercial dispute that took the form of<br>a copyright complaint. Lemme email Victor Navasky for a comment.<br><br>
Doug</blockquote>
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<div>Yes, Victor will tell you that Harper & Row would not have sued if they weren't angry in the first place. The point is that they would not have grounds for a suit without extensive quotations and violation of copyright. Publishing companies can't enforce embargoes except against the booksellers with whom they have a contract.
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<div>It was a bad decision in my opinion but that is "intellectual" "property" for you. </div>
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<div>The other point is that the New York Times was careful not to quote extensively from the Woodward book and thus there would be no grounds for a legal case against the NYT as far as I can see.</div>
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<div>What ever civil action would have to take place between the publishing company and what ever bookseller violated the contract that specifies the embargo. </div>
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<div>All that I am saying is that, as far as the NY Times is concerned no laws were broken. As far as the original Harper v. Nation case is concerned, Harper fought the case so that embargoes such as this could be enforceable in some way. Since even the NY Times doesn't quote from a books extensively when they are in "prepublication" I would say that the publishing companies "won" that right.
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<div>I wasn't correcting you just explaining the history. </div>
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<div>Jerry </div><br> </div>