On January 25 the U.S. Court of Appeals for the Second Circuit unanimously affirmed a 1997 U.S. District Court decision that dismissed a lawsuit brought by Gordon & Breach (G&B) against the American Institute of Physics (AIP) and the American Physical Society (APS). "We are extraordinarily pleased with the outcome because it allows the free flow of information that bears on the difficult problems that libraries confront in dealing with the rising costs of journals," said Mark Brodsky, executive director of the American Institute of Physics. G&B had claimed that AIP and APS's publication and promotional use of a survey of journal prices constituted false and misleading advertising. The survey showed that G&B's physics journals ranked low on cost-effectiveness. According to Brodsky, the win for AIP does not necessarily mean the end of the ten-year legal battle. G&B could still file for rehearings or for appeal to the Supreme Court. "It's just a shame we have to spend all of this money trying to keep the price of our journals down," said Brodsky. "It seems counterproductive." Source: Library Journal's Academic Newswire, February 2, 1999
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