Ibooks iconSeventeen more states have joined the antitrust lawsuit against Apple and several book publishing houses over the pricing of ebooks. Perhaps more interesting are certain details released in the latest filing that were previously redacted, including one from Steve Jobs. Portions of this email have been seen before, but this is the first chance the public has had to see a major negotiation written by the former CEO.

As reported by PaidContent, Steve Jobs became directly involved in the pricing negotiations after Apple executive "Eddy Cue could not secure one of the Conspiring Publisher’s commitment directly from an executive." Jobs "wrote to an executive at the parent company, in part":

As I see it, [Conspiring Publisher] has the following choices:

1. Throw in with Apple and see if we can all make a go of this to create a real mainstream ebooks market at $12.99 and $14.99.

2. Keep going with Amazon at $9.99. You will make a bit more money in the short term, but in the medium term Amazon will tell you they will be paying you 70% of $9.99. They have shareholders too.

3. Hold back your books from Amazon. Without a way for customers to buy your ebooks, they will steal them. This will be the start of piracy and once started, there will be no stopping it. Trust me, I’ve seen this happen with my own eyes.

Maybe I’m missing something, but I don’t see any other alternatives. Do you?

The complaint goes on to claim that the publishers and Apple "worked together to force" Random House -- the one publishing company to turn down the agency pricing model favored by Apple -- to adopt it as well. The claim goes so far as to claim that publishing companies tried to convince Barnes & Noble to not feature Random House books in any of its advertising, something that B&N apparently did.

Regarding the case, Apple has publicly defended itself and also said it wants to defend itself in a jury trial, saying that allegations against the company were "simply not true."

Top Rated Comments

Penooker Avatar
161 months ago
I'm missing something here. Jobs gives an alternative to publishers to break the monopoly Amazon had on the market and now he's a criminal? Isn't that called competition?

Yes, you are missing lots. You misunderstand the situation in at least 3 ways:
1) Apple is in trouble for competing against Amazon.
2) Assuming that Amazon had a monopoly, that Amazon was bad because of it.
3) More competitors is good.


1)
The law is about preserving or allowing competition, not competitors. The end goal is about letting the regulated market generate benefit for consumers. Apple did become a new competitor, but DOJ asserts that Apple eliminated / prevented price competition. There are other companies trying to jump into the ebook market as well, but only Apple tried preventing competition on price. This is what they are in trouble for.

2)
The laws are not anti-monopoly. Monopolies are seen as a reward, in legal and economic fields, as a reward for doing well in the competition -- which Amazon did in this case. The reason why monopolies are the ones that run afoul of anti-trust laws, is because you need a big enough market power in order to succeed with unfair market practices. There's no fear, in a market with lots of small competitors, for one of them to unfairly limit competition or competitors.

Amazon, even if they had a monopoly, was winning the market fair and square. It kept driving down prices to a point that was still profitable for them but others couldn't keep up. Consumers kept benefiting from the low prices, and given Amazon's success, it meant that's what consumers wanted. And this, making the market generate value for the consumer, is the goal of competition law.

3)
Apple, on the other hand, killed off price competition in the market (if the DOJ is correct). They forced competition to be on a narrower set of product attributes. What Apple did was not to compete better, but to prevent competition in the product attribute they couldn't. Rather than let consumers choose between Kindle and a lower price vs iBooks and a higher price -- Apple made it so you had to choose between Kindle vs iBooks at the same higher price.

Given that Amazon was winning the ebooks market, and Apple's own memo, it means that consumers care about price more than other product qualities. Because of Apple, consumers can't benefit from price competition. 1 competitor, or 300 competitor, you will always get the same price. No matter how many competitors, there is no competition on the thing customers cared the most about -- price. So then what's the point of having these competitors?

Anyhow, this whole thing is called price fixing. A fundamental element behind it is that there are multiple "competitors" who don't compete on price. (If there weren't multiple "competitors" then you wouldn't need to "fix" the price.)



P.S. For those who actually understand this case, I know I made quite a few shortcuts. I apologize.
Score: 11 Votes (Like | Disagree)
rmwebs Avatar
161 months ago
I'm curious to see how this will all pan out.

The same way it always turns out. A big fat payoff for lawyers and next to no change for the consumer ;)
Score: 6 Votes (Like | Disagree)
cmwade77 Avatar
161 months ago
I'm missing something here. Jobs gives an alternative to publishers to break the monopoly Amazon had on the market and now he's a criminal? Isn't that called competition?
If it allowed them to continue to sell on Amazon for $9.99, while selling on Apple for $12.99, then yes, that would be competition; however, Apple said that a publisher cannot sell their books cheaper anywhere else if they want to sell on iBooks. This is the part that is price fixing and is illegal.
Score: 4 Votes (Like | Disagree)
IJ Reilly Avatar
161 months ago
I see nothing wrong with Steve Jobs' email. He simply pointed out the reality of the current marketplace and confronted the fact that Amazon was controlling their pricing. This is competition. Specifically, what Steve Jobs was doing was bringing out competition in an emerging market before piracy simply destroyed it.

He was right.

No where in that email does he say "Do this or else," or "do this or we will hurt you." Nor does he say, "Do this at the exclusion of our competitors."

A bit of context might help, like reading the linked article instead of just the excerpt on MR. The allegation is that Apple and several of the publishers ganged up on Random House to force them to go along, an allegation that seems to be supported by the chat between Apple and the publishers. This is serious stuff, and the fact that 31 state Attorneys General are already on board spells real trouble for Apple.
Score: 4 Votes (Like | Disagree)
j_maddison Avatar
161 months ago
I'm missing something here. Jobs gives an alternative to publishers to break the monopoly Amazon had on the market and now he's a criminal? Isn't that called competition?
Score: 4 Votes (Like | Disagree)
iansilv Avatar
161 months ago
I see nothing wrong with Steve Jobs' email. He simply pointed out the reality of the current marketplace and confronted the fact that Amazon was controlling their pricing. This is competition. Specifically, what Steve Jobs was doing was bringing out competition in an emerging market before piracy simply destroyed it.

He was right.

No where in that email does he say "Do this or else," or "do this or we will hurt you." Nor does he say, "Do this at the exclusion of our competitors."
Score: 3 Votes (Like | Disagree)

Popular Stories

Glowtime Live Coverage Article 1

Apple Event Live Blog: iPhone 16, Apple Watch 10, and New AirPods!

Monday September 9, 2024 9:21 am PDT by
Apple's "It's Glowtime" event kicks off today at 10:00 a.m. Pacific Time, where we're expecting to see the iPhone 16 lineup and some updated Apple Watch and AirPods models unveiled, and perhaps some other announcements. Apple is providing a live video stream on its website, on YouTube, and in the company's TV app across various platforms. We will also be updating this article with live blog...
16 pro

Apple Announces iPhone 16 Pro and iPhone 16 Pro Max with Larger Displays, New Camera Control, and More

Monday September 9, 2024 11:13 am PDT by
Apple today announced the iPhone 16 Pro and iPhone 16 Pro Max—its latest flagship smartphones—featuring larger displays, an all-new Camera Control button, and the A18 Pro chip. The iPhone 16 Pro has a 6.3-inch display, while the iPhone 16 Pro Max features a 6.9-inch display—the biggest iPhone display ever. The borders around the display are the thinnest of any Apple device. The...
sonny iphone 16 pro colors

New iPhone 16 and iPhone 16 Pro Colors Revealed Ahead of Apple Event

Friday September 6, 2024 5:01 am PDT by
Apple is "shaking up its color palette" for its iPhone 16 lineup this year, according to well-connected Bloomberg reporter Mark Gurman. Early iPhone 16 Pro dummy models via Sonny Dickson According to Gurman, the iPhone 16 Pro models will come in a Gold Titanium to replace Blue Titanium, while the Black, White, and Natural Titanium options that debuted with the iPhone 15 Pro will remain...
iPhone 16 Pro Mock Article

How Much Will the iPhone 16 Cost?

Friday September 6, 2024 5:43 am PDT by
Apple's next-generation iPhone 16 series is expected to launch on September 20 and will compete in a quickly evolving smartphone market, and with some notable upgrades rumored, the new models could see price changes compared to previous years. Successive iPhone models always come with new features and hardware upgrades, but Apple typically does not increase the retail prices as a result....
airpods max 2024 colors

Apple Updates AirPods Max With USB-C Port and New Colors

Monday September 9, 2024 10:36 am PDT by
Apple today announced that the AirPods Max are being updated with a USB-C charging port and new color options, including Midnight, Blue, Purple, Orange, and Starlight. In addition, Apple said the AirPods Max are gaining support for Personalized Spatial Audio with the upcoming iOS 18 software update. The updated AirPods Max will be available to pre-order for $549 starting today, and the...
sequoia

macOS Sequoia Release Likely to Be the Earliest in Years

Sunday September 8, 2024 2:14 am PDT by
macOS Sequoia will be one of the earliest new macOS launches in over a decade, likely releasing within as little as just a week. Internal Apple documentation obtained by MacRumors suggests that macOS 15.0 Sequoia will be officially released to the public by mid-September. The release dates of major macOS updates in recent years are listed below: OS X 10.9 (Mavericks) – October 22,...
Screenshot 2024 09 09 at 6

Apple Announces Thinner Apple Watch Series 10 With Bigger Screen Than Ultra

Monday September 9, 2024 10:11 am PDT by
Apple at its event today announced the Apple Watch Series 10, featuring a wide-angle OLED display that is larger than the Apple Watch Ultra, with the company describing it as the "biggest display and thinnest design ever." The Series 10 is 9.7mm thick, which is nearly 10% thinner than Series 9, and it weighs 20% less than the Stainless Steel Series 9. The Aluminum cases also weigh up to 10%...