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Old October 19 2012, 01:34 PM   #1
GalaxyClass1701
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Barnes and Noble Suied by three publishers.

Just received an email saying that Simon & Schuster is one of the publishers, if you bought ebooks dating back to 2010 you will receive a full refund in the form of a gift card.

For me that's a couple hundred trek books.
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Old October 19 2012, 02:11 PM   #2
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Re: Barnes and Noble Suied by three publishers.

Still not comfortable with them being able to pull stuff off your e-reader - even if you do get your money back. You bought it in good faith, why should you be forced to "return" it? If they sell a book in store by mistake, do they go round to everyone's homes and remove it from their shelves?
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Old October 19 2012, 02:21 PM   #3
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Re: Barnes and Noble Suied by three publishers.

No, you do not receive a full refund. You receive an amount back for each Agency eBook you bought. Also B&N is not going to be pulling agency eBooks from nooks. Both of the above posts are just chock full of wrongness.

The following quote says how now much you will get for each agency eBook you've purchased. Nobody is taking away (or even trying to) the agency eBooks you have purchased. That's a load of rubbish to say so.

11. How much will my payment be?
Answer:

At this time, it is unknown exactly how much of the Settlement Fund a purchaser of E-books will receive. The Attorneys General have submitted a “plan of distribution,” which is a plan to divide the Settlement Fund among consumers. The Court will determine whether to approve this plan when considering final approval of the Settlements. If the Court approves the plan of distribution, it will be posted on the Settlement Website.
The amount of your credit or check will be affected by how many qualifying E-books you purchased. There will be two levels of payments, based on categories of books. While the exact amount to be paid per E-book in each category is not yet finalized, the best estimates of payments for each E-book you purchased are as follows:
  • New York Times bestsellers: $1.32 per E-book. These include titles that were New York Times bestsellers at any time during the claim period.
  • Non-New York Times bestsellers titles: $0.30 per E-book. These E-books include any titles that were not New York Times bestsellers during the claim period.
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Old October 19 2012, 02:56 PM   #4
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Re: Barnes and Noble Suied by three publishers.

My post is not "chock full of wrongness". I don't buy books from B&N, and have a Kindle, not a Nook. My comment was a general comment on the idea that you buy a 'license to read' rather than a copy of the actual content, and was based on the 'full refund' mentioned by GalaxyClass1701.
OK, so maybe I made an assumption based on the idea of a full refund that it implied removal of the books, but given that we've seen that sort of thing before, it's a logical assumption to make.
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Old October 19 2012, 07:03 PM   #5
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Re: Barnes and Noble Suied by three publishers.

Wait, could somebody either explain what's going or post a link or something? I've had a Nook for a couple years now and I haven't heard a thing about this.
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Old October 19 2012, 07:07 PM   #6
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Re: Barnes and Noble Suied by three publishers.

I miss the days when you would buy a goddamned book and put it on your fucking shelf and it was yours forever! Oh wait. Those days are still here... for now anyway.

Selling 'licenses' to read a book. :rolleyes
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Old October 19 2012, 07:13 PM   #7
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Re: Barnes and Noble Suied by three publishers.

I would also like a link to this information too. I have had a nook for a lil over a year now. Would definitely like to look into this.
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Old October 19 2012, 08:13 PM   #8
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Re: Barnes and Noble Suied by three publishers.

Tried googling it and no luck. What's up?
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Old October 19 2012, 09:06 PM   #9
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Re: Barnes and Noble Suied by three publishers.

shanejayell wrote: View Post
Tried googling it and no luck. What's up?
Cutting back the earlier URL, there is an explanation of the situation here:
https://ebooksagsettlements.com/CaseSummary.aspx

The title of this thread is seemingly misleading. I can't see how it's Barnes & Noble being sued. In the FAQs, it states that:

Who are the Publishers?

There are five publishers who, as a group, are referred to in this Notice as “Publishers.”
The Settling Publishers are the following publishers:
  • Hachette Book Group, Inc. (“Hachette”);
  • HarperCollins Publishers LLC (“HarperCollins”); and
  • Simon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc. (“Simon & Schuster”).
The Non-Settling Publishers are the following publishers:
  • Penguin Group (USA) Inc. (“Penguin”); and
  • Holtzbrinck Publishers, LLC, known as Macmillan (“Macmillan”).
Furthermore, "the Court has not decided in favor of either side. The Attorneys General who brought the antitrust lawsuit think the Settlements are best for everyone who is affected. The Settling Publishers deny that they did anything wrong but have agreed to the Settlements to avoid the time, expense and uncertainty associated with continuing the case."
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Old October 19 2012, 09:42 PM   #10
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Re: Barnes and Noble Suied by three publishers.

Huh. Wonder if this'll force ebook prices down?
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Old October 19 2012, 09:48 PM   #11
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Re: Barnes and Noble Suied by three publishers.

shanejayell wrote: View Post
Huh. Wonder if this'll force ebook prices down?
I wouldn't hold my breath.
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Old October 19 2012, 09:49 PM   #12
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Re: Barnes and Noble Suied by three publishers.

shanejayell wrote: View Post
Huh. Wonder if this'll force ebook prices down?
Suposedly, the adjustments have already been made. Any major savings were probably wiped out by the global financial crisis. As we know, Simon & Schuster shed many employees and its eBook division runs on the smell of an oil rag with minimal quality control.
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Old October 19 2012, 09:53 PM   #13
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Re: Barnes and Noble Suied by three publishers.

I hate it when people put out crap that is totally inaccurate and misleading. B&N is NOT (let me repeat that for those of you hard of hearing) NOT being sued. The Sates attorney's office filed against some "publishers" not "sellers" but if you purchased qualifying ebooks you may be able to get a credit or refund. Here is the official release from Barnes and Noble sent to their customers.

We're pleased to tell you that you are eligible for gift certificate credits thanks to recent legal settlements between States Attorneys General and three eBook publishers. Barnes & Noble was not a party to the settlements but as a NOOK® customer, you can take advantage of the benefits agreed to by the settling publishers.

Although we are required to notify you now of the settlements, there is nothing you need to do to receive the credits as you will receive them automatically in the form of an electronic gift certificate sent via email. Once the settlements' claim period ends, the Attorneys General will calculate the amount of your credits. If the Court gives final approval to the settlements, we expect to be able to send you your gift certificate in the first half of 2013.

Once you receive your gift certificate, you can register it on our website, www.bn.com, for up to one year. Once registered, no further action will be required on your part, and the certificate will have no expiration date and you can use it any time to shop the wide selection of great titles on bn.com.

You may prefer to receive a check instead of a gift certificate, or you may decide not to participate in this settlement at all. If you want to consider either of these options, we recommend that you review the steps you can take, as well as your rights, which are explained in the attached legal notice.

As always, we appreciate your business and thank you for being a valued NOOK and Barnes & Noble customer.

Sincerely,
Barnes & Noble



Benefits from an Attorney General E-books Settlement Fund
Para una notificación en Español, llamar o visitar nuestro website.

Records indicate that you are eligible for a payment from Settlements reached by the State Attorneys General with E-book publishers Hachette, HarperCollins, and Simon & Schuster. The Settlements resolve an antitrust lawsuit about the price of electronic books (“E-books”). Barnes & Noble has not been sued in this case. It is providing this notice as a service to its customers.

What the Settlements Provide

The Settlements create a $69 million fund for payments to consumers who purchased qualifying E-books from April 1, 2010 through May 21, 2012. If the Court approves the Settlements, eligible consumers like you will receive credits to your E-reader accounts. The credit can be used on any purchases of E-books or print books. The amount of your payment has been determined based on the qualifying E-book purchases identified by Barnes & Noble in your E-reader account.

How to Receive your Benefit

Because you are pre-qualified, you do not need to do anything at this time to receive your credit. If the Court approves the Settlements, you will receive another email letting you know how to activate your credit. Once you activate the credit, it will be applied to your account by Barnes & Noble. (If you bought E-books from more than one retailer, you may receive notices with different instructions about whether you will receive a credit or need to file a Claim Form for that retailer. You will have a separate claim for each retailer and you should follow the specific instructions from each one.)

You also have the option to receive a check instead of your credit. You can request a check by calling 1-866-621-4153, or going to the Settlement website listed below, and clicking on the Check Request Option link. Be sure to reference the Settlement ID number found at the bottom of this email.
The Settlement website is: www.EbooksAGSettlements.com
Your Other Rights

You can choose to exclude yourself from the Settlements and keep your right to sue on your own. If you exclude yourself, you can’t receive any benefits from the Settlements. If you don’t exclude yourself, you can submit objections about the Settlements.

Your written Exclusion Form or objections must be postmarked by December 12, 2012. Please visit the Settlement website for detailed information on how to submit a valid Exclusion Form or objection.

A separate lawsuit against two other publishers and Apple, Inc. continues and is set for a trial in 2013. Your rights in the separate suit are not affected by any action you take in regards to these Settlements. The Court will hold a hearing on February 8, 2013 at 10 a.m. to consider whether to approve the Settlements. You or your own lawyer may ask to appear and speak at the hearing.

For more detailed information:
Call 1-866-621-4153 or Visit www.EbooksAGSettlements.com

Settlement ID Number: BN_244483314575E
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Old October 20 2012, 01:58 AM   #14
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Re: Barnes and Noble Suied by three publishers.

And here's the email I received from Amazon, to add to Ktrek's B&N email above:
We have good news. You are entitled to a credit for some of your past e-book purchases as a result of legal settlements between several major e-book publishers and the Attorneys General of most U.S. states and territories, including yours. You do not need to do anything to receive this credit. We will contact you when the credit is applied to your Amazon.com account if the Court approves the settlements in February 2013.

Hachette, Harper Collins, and Simon & Schuster have settled an antitrust lawsuit about e-book prices. Under the proposed settlements, the publishers will provide funds for a credit that will be applied directly to your Amazon.com account. If the Court approves the settlements, the account credit will appear automatically and can be used to purchase Kindle books or print books. While we will not know the amount of your credit until the Court approves the settlements, the Attorneys General estimate that it will range from $0.30 to $1.32 for every eligible Kindle book that you purchased between April 2010 and May 2012. Alternatively, you may request a check in the amount of your credit by following the instructions included in the formal notice of the settlements, set forth below. You can learn more about the settlements here: www.amazon.com/help/agencyebooksettlements

In addition to the account credit, the settlements impose limitations on the publishers’ ability to set e-book prices. We think these settlements are a big win for customers and look forward to lowering prices on more Kindle books in the future.

Thank you for being a Kindle customer.

The Amazon Kindle Team

=============================

Benefits from an Attorney General E-books Settlement Fund

Records indicate that you are eligible for a payment from Settlements reached by the State Attorneys General with E-book publishers Hachette, HarperCollins, and Simon & Schuster. The Settlements resolve an antitrust lawsuit about the price of electronic books (“E-books”). Amazon.com has not been sued in this case. It is providing this notice as a service to its customers.

What the Settlements Provide

The Settlements create a $69 million fund for payments to consumers who purchased qualifying E-books from April 1, 2010 through May 21, 2012. If the Court approves the Settlements, eligible consumers like you will receive automatic credits to your E-reader accounts. The credit can be used on any purchases of E-books or print books. The amount of your payment has been determined based on the qualifying E-book purchases identified by Amazon.com in your E-reader account.

How to Receive your Benefit

Because you are pre-qualified, you do not need to do anything to receive your credit. It will be applied to your account by Amazon.com automatically, and you will receive another email letting you know when it’s available. (If you bought E-books from more than one retailer, you may receive notices with different instructions about whether you will receive a credit or need to file a Claim Form for that retailer. You will have a separate claim for each retailer and you should follow the specific instructions from each one.)

You also have the option to receive a check instead of your credit. You can request a check by calling 1-866-621-4153, or going to the Settlement website listed below, and clicking on the Check Request Option link. Be sure to reference the Settlement ID number found at the bottom of this email. The Settlement website is: www.EBookAGSettlements.com

Your Other Rights

You can choose to exclude yourself from the Settlements and keep your right to sue on your own. If you exclude yourself, you can’t receive any benefits from the Settlements. If you don’t exclude yourself, you can submit objections about the Settlements.

Your written Exclusion Form or objections must be postmarked by December 12, 2012. Please visit the Settlement website for detailed information on how to submit a valid Exclusion Form or objection.

A separate lawsuit against two other publishers and Apple, Inc. continues and is set for a trial in 2013. Your rights in the separate suit are not affected by any action you take in regards to these Settlements.

The Court will hold a hearing on February 8, 2013, at 10:00 a.m. to consider whether to approve the Settlements. You or your own lawyer may ask to appear and speak at the hearing.

For more detailed information: Call 1-866-621-4153 or visit www.EBookAGSettlements.com
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Old October 20 2012, 10:24 PM   #15
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Re: Barnes and Noble Suied by three publishers.

Huh, it will be interesting to see if this does have any effect on Ebooks in the future.
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