Lawyer to DoJ: Where Are the Public Comments?
The June 25 deadline for the Department of Justice to publish the letters it has received regarding the e-book pricing settlement on its website has passed. This week Bob Kohn, an attorney and CEO of Royalty Share "who previously wrote a legal brief in support of Apple and the publishers (but does not work for any of the parties involved)," sent Judge Denise Cote a letter "stating that the DoJ's failure to make the letters available to the public--and to provide its response to those comments--on time violates federal antitrust rules," paidContent reported, noting that the proposed final judgment on the settlement is set for August 3.
"The DoJ has told the Court that it has received hundreds of pages of hundreds of comments," wrote Kohn. "The public had a statutory right to see those comments 14 days ago. When a member of the public fails to meet the statutory deadline for submitting comments under the Tunney Act, there are consequences: participation by matter of right becomes participation at the Court's reasonable discretion. There should be no less serious consequences when the government fails to meet its statutory deadlines."
Regarding the DoJ's tardiness in filing its response to the public comments, Kohn wrote: "I respectfully ask the Court to order the DoJ to publish the comments by Friday, July 13 and to publish their response to the comments by July 27 (a full 7 days prior to the date its motion for entry of judgment is due). In addition, the Court should order such other relief as would befit the Justice Department's flagrant noncompliance with federal law."
Mark Ryan, an attorney for the DoJ, responded to Kohn's questions with a letter to the judge in which he said "more than 800 comments... relating to the proposed consent judgment" had been received and "as many as half" of those "arrived within a few days or after the comment deadline" of June 25, making it impossible to publish them online immediately, paidContent wrote. He contended the department is "working expeditiously" to make the comments available sometime around July 20, and the department's responses will be published simultaneously. Ryan claims that on April 18, the DoJ requested and was granted "additional time to prepare and file our submission."
Kohn countered that he can find no record of the DOJ's extension request: "The government had an opportunity to seek more time, but it didn't. It can't have it both ways: that is, ask the court to cut off the public's right to submit comments on June 25, and then file and publish the comments at its own convenience on its own schedule."








By agreeing to pay sales taxes, Amazon now "has a new game" with a goal "to get stuff to you immediately--as soon as a few hours after you hit Buy," Manjoo wrote, adding: "It's hard to overstate how thoroughly this move will shake up the retail industry. Same-day delivery has long been the holy grail of Internet retailers, something that dozens of startups have tried and failed to accomplish. (Remember Kozmo.com?) But Amazon is investing billions to make next-day delivery standard, and same-day delivery an option for lots of customers. If it can pull that off, the company will permanently alter how we shop. To put it more bluntly: Physical retailers will be hosed."
The initial chapters of Harry Potter and the Chamber of Secrets are now open for exploration on Pottermore. The book is being launched in three installments, with the next one due to be unveiled "in the coming weeks," according to the
She Writes
Congratulations to 
Inspired by hearing a bookseller recently use the term "orphans," Eklund began considering the "fluid exchange of professional banter" that is the book trade's lifeblood: "If someone says 'the publisher was OS indef so I put it on wholesaler TBO, and it eventually came after cascading three times,' everyone will get it."
One of the best developments in memoir is the rise of books in which witty and wise women examine their lives with unladylike candor. British journalist Caitlin Moran's memoir-manifesto How to Be a Woman is as funny and careerist as Tina Fey's Bossypants, as divulging as Ayelet Waldman's Bad Mother and as earthy as Cheryl Strayed's Wild (maybe even earthier--despite the Judy Blume-ish title, How to Be a Woman is not a book for young teens).
Jim Lynch, author of Truth Like the Sun and two other novels, who lives in Olympia, Wash., writes:
She glanced at her computer and told me she'd ordered two copies, which she said was plenty, considering how difficult it is to sell hardbacks. I strolled out thinking, Wow, this is going to be hard. But Jane read The Highest Tide that night, called me the next day and started ordering it by the case.