"We are seeking relief for independent brick-and-mortar bookstores so that they would be able to sell open-source and DRM-free books that could be used on the Kindle or other electronic ereaders,” Alyson Decker of Blecher & Collins PC, who is serving as lead counsel for the bookstores, told the Huffington Post.
The suit claims that Amazon entered into confidential agreements with the six publishing houses. E-books sold by all six publishers come with the digital rights management lock that makes it difficult to move them to different devices.
“Currently, none of the Big Six have entered into any agreements with any independent brick-and-mortar bookstores or independent collectives to sell their e-books,” the plaintiffs write in their suit. “Consequently, the vast majority of readers who wish to read an e-book published by the Big Six will purchase the e-book from Amazon.”
In addition to damages, the three indie bookstores also want an injunction which would “prohibit ... Amazon and the Big Six from publishing and selling e-books with device and app specific DRMs and further require ... the Big Six to allow independent brick-and-mortar bookstores to directly sell open-source DRM e-books.”
Simon & Schuster representative Adam Rothberg told The New York Times, “We believe the case is without merit or any basis in the law and intend to vigorously contest it. Furthermore, we believe the plaintiff retailers will be better served by working with us to grow their business rather than litigating.”
As industry newsletter Shelf Awareness pointed out, the lawsuit is somewhat baffling because the six publishers require digital rights management on e-books no matter who’s selling them – including indie bookstores selling e-books for the Kobo device. In addition, the bookstores state that only e-books sold to users by Amazon will work on Kindle devices, which is not the case – users can read e-books from other sellers on their Kindles. (Transferring books from a Kindle to another device is tricky, though the technically savvy may be working on a solution not sanctioned by the companies.)