Author Sherry Argov asserts that she had an agreement with the predecessor of Simon & Schuster Digital Sales to publish and sell digital paperback hard-copies of her book Why Men Love Bitches. The agreement required the payment of royalties on a per-copy basis. The book was successful, selling more than 2 million copies between 2002 and Simon & Schuster’s 2016 acquisition of the company that had initially published the book. Argov says that this agreement was violated by Simon & Schuster’s inclusion of the book in its sBook and eLending subscription programs and other all-inclusive bulk marketing platforms, which is expressly prohibited by the agreement and with no royalties paid to Argov. Argov says that she waived an advanced payment in return for the clause prohibiting the inclusion of the book in bulk subscriptions. She further asserts that some of the subscription s permit the downloading of her book without t the digital rights management information, allowing the book to be copied and further distributed due to the lack of encryption security. Argov says that Simon & Schuster refused to withdraw the book from these subscription services and refused to provide an accounting of the number of views or downloads occurred through the subscription services. Argov asserts copyright infringement, breach of contract and of the implied covenant of good faith and fair dealing, and violation of 93A. She further seeks a declaration that the agreement with Simon & Schuster is terminated as a result of the breaches of the agreement. Judge O’Toole has the case.
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