A little more than a month ago, Toys "R" Us sued Amazon because, Toys "R" Us lawyers said, their client no longer is the sole seller of certain categories of toys on Amazon.
The lawsuit also dismisses Toys "R" Us' exclusivity argument, stating that the pair's governing agreement, signed in 2000, allows for exceptions. Amazon asserts that the agreement makes toys and games and baby products non-exclusive categories.
The complaint also states that Amazon and its third-party affiliates have the absolute right to sell any toys and games or baby products online so long as sales do not constitute 3.5% of Toys "R" Us' annual revenue from the sale of selected exclusive products. The complaint states that no affiliated vendors even approach this percentage.
Key among Amazon's goals is a declaration that it's entitled to immediately launch a service that enables third-party vendors themselves to post items for sale on Amazon. Toys "R" Us' original lawsuit seeks an injunction to prevent Amazon from deploying this new technology.
An Amazon spokeswoman declined to comment about the case.
Asked to comment, a Toys "R" Us spokeswoman offered this prepared statement: "We believe this counterclaim has no merit. We are currently engaged in mediation and have agreed to avoid additional commentary."
Open Government: A San Francisco Treat
San Francisco took Obama's pledge of open and transparent government seriously, and launched datasf.org -- its attempt to give the city's data back to its citizens. Developers and users have embraced it, and the city's mayor is already looking ahead....

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