Guide to the SkyRiver vs. OCLC lawsuit

On July 29, 2010 SkyRiver Technology Solutions filed an antitrust lawsuit against OCLC. This page provides resources related to the lawsuit. This page aims to gather resources relevant to this event.

Resources from Library Technology Guides

Court Documents: Case number: 10-cv-03305-BZ United States District Court Northern District of California
- Complaint filed in July 28, 2010.
- Summons filed July 28, 2010.
- ADR Scheduling Order filed July 28, 2010.
- Certificate of Interested Entities filed July 28, 2010.
- Summons Returned Executed filed July 30, 2010.
- Declination to proceed before a Magistrate judge Filed August 4, 2010.
- Notice of impending reassignment to United States District Court judge Filed August 5, 2010.
- Order Reassigning Case August 6, 2010.
- Order setting case management conference and requiring joint case management conference statement August 12, 2010.
- Stipulation and (proposed) Order deferring response date and setting briefing schedule August 13, 2010.
- Defendant's notice of motion and motion; memorandum of points and authorities in support to transfer venue Filed Sept 9, 2010.
- SkyRiver Technology Solutions vs OCLC: Declaration of Bruce Crocco in support of motion to transfer venue Filed Sept 9, 2010.
- Order Granting Defendant's motion to transfer venue Filed Oct 28, 2010.
- Joint motion to stay discovery Filed Dec 3, 2010.
- Defendant OCLC Online Computer Library Center, Inc's motion to dismiss Filed Dec 13, 2010.
- Notice of Hearing Jan 24, 2011.
- Opposition Memorandum of Plantiffs SkyRiver Technology Solutions, LLC and Innovative Interfaces, Inc. to Defendant OCLC Online Computer Library Center, Inc's Motion to Dismiss Filed Feb 4, 2011.
- Plantiff's request for Judicial Notice (Including Exhibits A and B) Filed Feb 4, 2011.
- Defendant OCLC Online Computer Library Center, Inc.’s Reply memorandum in support of its motion to dismiss Filed Feb 22, 2011.
- Plaintiffs Skyriver Technology Solutions, Llc and Innovative Interfaces, Inc.’s motion for leave to file a surreply in opposition to OCLC Online Computer Library Center, Inc.’s motion to dismiss Filed Mar 7, 2011.
- Defendant OCLC Online Computer Library Center, Inc.’s memorandum in opposition to plaintiff’s motion for leave to file a surreply Filed Mar 15, 2011.
- Agreed protective order regarding non-waiver of privilege Filed Mar 23, 2011.
- Rule 26(f) Report of Parties Filed Mar 23, 2011.
- Rule 26(f) Report of Parties Exhibit A Filed Mar 23, 2011.
- Rule 26(f) Report of Parties Exhibit B Filed Mar 23, 2011.
- Stipulated Protective Order (Specifies confidentiality rules to be followed during discovery) Filed Mar 23, 2011.
- Order on Motion to Stay (All discovery is stayed pending a ruling on the defendant’s motion to dismiss.) Filed Apr 14, 2011.
- Other court documents will appear as available.
Court docket as it appears on Justia
Initial Press Release: SkyRiver Files Antitrust Suit Against OCLC
In a move that could have far-reaching implications for competition in the library software and technology services industry, SkyRiver Technology Solutions, LLC has filed suit in federal court in San Francisco against OCLC Online Computer Library Center, Inc. The suit alleges that OCLC, a purported non-profit with a membership of 72,000 libraries worldwide, is unlawfully monopolizing the markets for cataloging services, interlibrary lending, and bibliographic data, and attempting to monopolize the market for integrated library systems, by anticompetitive and exclusionary practices.
OCLC's initial response: Important message from Larry Alford, Chair, OCLC Board of Trustees, and Jay Jordan, OCLC President and CEO (August 5, 2010).
On July 29, SkyRiver Technology Solutions and Innovative Interfaces, Inc. filed suit against OCLC, alleging anticompetitive practices. We at OCLC believe the lawsuit is without merit, and we will vigorously defend the policies and practices of the cooperative. OCLC’s General Counsel, working with trial counsel, will respond to this regrettable action by SkyRiver and Innovative Interfaces following procedures and timetables dictated by the court. This process will likely take months or even years, not days.[continue...]
September 6, 2009 Press release announcing launch of SkyRiver: SkyRiver Connects Libraries With New Bibliographic Utility
SkyRiver today publicly announces the launch of its new bibliographic utility service. Already in use in both public and academic libraries, SkyRiver provides a clear, low-cost alternative for cooperative cataloging.
Profile of OCLC in Library Technology Guides.
Profile of Innovative Interfaces in Library Technology Guides.
All press releases issued by SkyRiver.
OCLC's Form 990 Tax Filings (2003-2007). Non-profit corporation such as OCLC file 990 tax returns to the IRS and are made available for public inspection.
Letter from Letter from Clifford H. Haka, Director of Libraries at Michigan State University to ILL Partners explaining the situation of MSU in regard to OCLC’s pricing for loading records created through SkyRiver and his institutions interest and ability to participate as a full ILL partner.
Letter from Bruce Crocco, Vice President Library Services for the Americas for OCLC to Michigan State University regarding issues related to loading records into WorldCat for interlibrary loan.
The Value of the OCLC Cooperative an essay based on a speech given by Larry P. Alford, Chair of the OCLC Board of Trustees and Dean of Libraries of Temple University, that includes arguments against engagement with alternative bibliographic services.
Library 2.0 Gang Podcast: The Cataloguing Services Landscape (November 2009)
OCLC statement regarding Compensation of trustees; Questions and Answers about Compensation of OCLC Trustees
OCLC Statement regarding OCLC Executive Compensation
Summary of OCLC Trustee Compensation compiled from Form 990 Data

Legislative Discussion

Heather M. Rothman and Diane Freda Exempt Organizations: Grassley Seeks Estimate of Nonprofit Tax Exemption, Putting Organizations on Edge Reproduced with permission from Daily Report for Executives, 49 DER J-1 (Mar 14, 2011). Copyright 2011 by The Bureau of National Affairs, Inc.
OCLC-like Nonprofits Come Under Congressional Scrutiny Posting on SkyRiver Choice for Libraries site. (Mar 23, 2011)
Michael Rushton. Arts Admin: A blog about arts administration, cultural policy, economics, and life at IU On whether the corporate tax exemption for nonprofits is a tax expenditure (Mar 18, 2011)
ECFA Grassley Wants Estimate of Nonprofit Tax Exemption (Mar 18, 2011)

Articles by Marshall Breeding

Library Journal SkyRiver and Innovative Interfaces File Major Antitrust Lawsuit Against OCLC (July 29, 2010)

Bibliographic services company SkyRiver Technology Solutions, joined by library automation company Innovative Interfaces, filed a lawsuit yesterday in federal court in San Francisco against OCLC, alleging a litany of anticompetitive business practices.

The move initiates a major legal battle between OCLC, a worldwide library membership organization, and two companies owned and founded by Jerry Kline.

It also represents the culmination of concerns expressed by some vendors and librarians that OCLC has used its tax-exempt status to behave not only as a giant library utility but a hard-nosed business. For example, if successful, the lawsuit could open up OCLC's WorldCat database to commercial competitors. read more...

Library Journal: New company SkyRiver sparks cataloging competition with OCLC (October 6, 2009)

A new company called SkyRiver has launched a bibliographic utility, directly challenging long-dominant OCLC. Over the last 18 years, strategic acquisitions by OCLC have narrowed competition, but SkyRiver—founded by Jerry Kline, the owner and co-founder of Innovative Interfaces—aims to expand the market and offer an alternative bibliographic utility for cataloging that could save libraries up to 40 percent off their expenditures for bibliographic services.

Smart Libraries Newsletter: SkyRiver Ramps up as a new Bibliographic Service Business (December 2009)

SkyRiver, a new company delivering bibliographic services in competition with OCLC, formally announced its launch in early October 2009. The company offers a suite of software and services that compete with the cataloging services of OCLC. The service includes a bibliographic database of MARC records, a cataloging client, and a set of services for record delivery and enhancement. The SkyRiver database has initially beenpopulated with bibliographic and authority records from a variety of sources including the Library of Congress, the British Library as well as with records from the current cataloging activities of a broad set of libraries. The service includes record delivery for those not immediately available in the database and notification when enhanced records become available. SkyRiver’s goal is to offer a competitive product at a subscription cost around 40 percent lower than what libraries would otherwise pay to OCLC.

Legal background information

Wikipedia article: Sherman Antitrust Act

Maintained by Marshall Breeding

Library Technology Guides

Site Resources

Guide to the SkyRiver vs. OCLC lawsuit

Resources from Library Technology Guides

Legislative Discussion

Articles by Marshall Breeding

Other articles and commentary

Legal background information