Apple's Closing Arguments Concludes E-Book Price Fixing Trial

ibooks iconAfter slightly more than two weeks of litigation, USA v. Apple, Inc. concluded with closing arguments from Apple and the Department of Justice.

AllThingsD reports that Orin Snyder, Apple's lead counsel, closed out the trial with a slick Keynote presentation, as the company's lawyers have been doing throughout the trial.

At one point, the PowerPoint presentation the Government's lawyers were using failed to play audio, with the Judge noting that they weren't using a Mac.

"Apple did not conspire with a single publisher to fix prices in the e-book industry," Snyder said, arguing that the negotiations under scrutiny in this case were nothing more than "standard, lawful business activity." And the DOJ’s claim that they were more than that, a nefarious plot over which Apple served as ringmaster, is entirely unsupported. "All of the government’s evidence is ambiguous at best," Snyder argued, lambasting the DOJ’s case as one built on "word games and inferences."


Snyder's final slide shows an iPad with the text "It's time to close the book on this case".

The Department of Justice has argued that Apple was the "ringmaster" of a scheme to raise e-book pricing across the industry. The government says Apple convinced publishing companies to work together to set pricing above the $9.99 price point that Amazon was selling books at before the iPad came out. The DOJ's slide deck is available from AllThingsD as well.

U.S. District Judge Denise Cote is expected to have a final judgement within a few weeks. Both sides agreed to have a judge hear and decide on the case rather than present it to a jury.

Popular Stories

iOS 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...
Google maps feaure

Google Maps Quietly Added This Long-Overdue Feature for Drivers

Wednesday December 10, 2025 2:52 am PST by
Google Maps on iOS quietly gained a new feature recently that automatically recognizes where you've parked your vehicle and saves the location for you. Announced on LinkedIn by Rio Akasaka, Google Maps' senior product manager, the new feature auto-detects your parked location even if you don't use the parking pin function, saves it for up to 48 hours, and then automatically removes it once...
Foldable iPhone 2023 Feature 1

Apple to Make More Foldable iPhones Than Expected [Updated]

Tuesday December 9, 2025 9:59 am PST by
Apple has ordered 22 million OLED panels from Samsung Display for the first foldable iPhone, signaling a significantly larger production target than the display industry had previously anticipated, ET News reports. In the now-seemingly deleted report, ET News claimed that Samsung plans to mass-produce 11 million inward-folding OLED displays for Apple next year, as well as 11 million...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods Pro 3

Thursday December 11, 2025 11:28 am PST by
Apple today released new firmware designed for the AirPods Pro 3 and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B30, up from 8B25, while the AirPods Pro 2 firmware is 8B28, up from 8B21. There's no word on what's include in the updated firmware, but the AirPods Pro 2 and AirPods Pro 3 are getting expanded support for Live Translation in the European Union in iOS...
iOS 26

15 New Things Your iPhone Can Do in iOS 26.2

Friday December 5, 2025 9:40 am PST by
Apple is about to release iOS 26.2, the second major point update for iPhones since iOS 26 was rolled out in September, and there are at least 15 notable changes and improvements worth checking out. We've rounded them up below. Apple is expected to roll out iOS 26.2 to compatible devices sometime between December 8 and December 16. When the update drops, you can check Apple's servers for the ...
AirTag 2 Mock Feature

Apple AirTag 2: Four New Features Found in iOS 26 Code

Thursday December 11, 2025 10:31 am PST by
The AirTag 2 will include a handful of new features that will improve tracking capabilities, according to a new report from Macworld. The site says that it was able to access an internal build of iOS 26, which includes references to multiple unreleased products. Here's what's supposedly coming: An improved pairing process, though no details were provided. AirTag pairing is already...
iOS 26

Apple Seeds Second iOS 26.2 Release Candidate to Developers and Public Beta Testers

Monday December 8, 2025 10:18 am PST by
Apple today seeded the second release candidate version of iOS 26.2 to developers and public beta testers, with the software coming one week after Apple seeded the first RC. The release candidate represents the final version iOS 26.2 that will be provided to the public if no further bugs are found. Registered developers and public beta testers can download the betas from the Settings app on...
iPhone 14 Pro Dynamic Island

iPhone 18 Pro Leak Adds New Evidence for Under-Display Face ID

Monday December 8, 2025 4:54 am PST by
Apple is actively testing under-screen Face ID for next year's iPhone 18 Pro models using a special "spliced micro-transparent glass" window built into the display, claims a Chinese leaker. According to "Smart Pikachu," a Weibo account that has previously shared accurate supply-chain details on Chinese Android hardware, Apple is testing the special glass as a way to let the TrueDepth...
maxresdefault

iOS 26 Code Leak Reveals Apple Smart Home Hub Details

Thursday December 11, 2025 4:02 pm PST by
Apple is working on a smart home hub that will rely heavily on the more capable version of Siri that's coming next year. We've heard quite a bit about the hub over the last two years, but a recent iOS 26 code leak provides additional insight into what we can expect and confirms rumored features. Subscribe to the MacRumors YouTube channel for more videos. Macworld claims to have access to an ...
studio display purple

Apple Studio Display 2 Code Hints at 120Hz ProMotion, HDR, A19 Chip

Thursday December 11, 2025 4:19 am PST by
Apple's next-generation Studio Display is expected to arrive early next year, and a new report allegedly provides a couple more details on the external monitor's capabilities. According to internal Apple code seen by Macworld, the new external display will feature a variable refresh rate capable of up to 120Hz – aka ProMotion – as well as support for HDR content. The current Studio...

Top Rated Comments

AZREOSpecialist Avatar
163 months ago
I love how our DOJ has time to waste suing Apple over something it never did, yet apparently does nothing when voters have to wait in line for 8 hours in Florida to cast a ballot, when states try to change voter registration rules two months before a national election and then try to eliminate early voting or limit the voting hours, when some states are trying to change how the electoral college votes are awarded from those states, when legislatures across the country are gerrymandering districts in a way to ensure that the popular vote won't decide the winner of an election.

Where is the DOJ when it comes to enforcing the ADA and FCC rules against companies like Apple, Netflix, Amazon, Vudu and others who resist making closed captions or subtitles available for those who are deaf or hearing impaired? There are so many things that the DOJ should be focusing on, and Apple is not one of them. This is the most ridiculous waste of taxpayer dollars I've witnessed since the $400 Pentagon toilet seat.
Score: 12 Votes (Like | Disagree)
HiRez Avatar
163 months ago
It's mind-boggling how this case was ever brought. DOJ seems completely inept and clearly didn't do their research on this, didn't even understand what they were suing over.
Score: 9 Votes (Like | Disagree)
SamGabbay Avatar
163 months ago
Love how it's embedded in flash

:rolleyes:
Score: 9 Votes (Like | Disagree)
Mak47 Avatar
163 months ago
I've read every piece of legal document available to the public and it is crystal clear that Apple (as much as I enjoy their products) conspired with the big publishers to increase e-book prices in a strategy to make amazon "play nice".
Nobody in their right mind can deny those facts exist.

I'm quite certainly in my right mind, and my friend, those facts don't exist.

It appears to me that Apple, understanding a dissatisfaction with the status quo on the part of the publishers, made a move to jump into the ebooks market in a powerful way.

That is not illegal, nor is it even immoral by any reasonable person's measure.

The publishers were dissatisfied with Amazon's $9.99 model to begin with. They were pursuing a strategy that would essentially have killed Amazon by refusing to offer top quality new releases in the ebook format at all. Barnes & Noble was pursuing an agency model with the publishers before Apple even entered the conversation.

The fact is that content creators (the publishers) were no longer interested in Amazon's model. Ebooks did not have the market power in 2009 that they do today. They would have killed the $9.99 price point no matter what.

Apple stepping in to support the (already in development) agency model simply gave the publishers a better alternative. Now instead of windowing their high profile titles, they could release them at a price point they were comfortable with in all formats.

Apple did not require that the publishers stop doing business with Amazon. They didn't require that Amazon stop selling ebooks for $9.99, or dictate the price that publishers could sell to other retailers. They simply said they wanted equal pricing so they could remain competitive.

In the end, the publishers told Amazon they were no longer interested in their model--which they were going to do anyway, in one form or another. Amazon chose to remain in the ebooks market and agreed to pay the prices the content creators were asking. This is not collusion, it is not conspiracy and it is not illegal.
Score: 8 Votes (Like | Disagree)
iWatch Avatar
163 months ago
Only a hardcore "fanboy" would think apple did absolutely nothing wrong here.
They obviously conspired with the big publishers at driving up the e-book prices in such a manner that Amazon would either have to sign a new contract or be blacklisted by the major publishers.

That is illegal.
Score: 6 Votes (Like | Disagree)
MartiNZ Avatar
163 months ago
Love how the Calendar shots have the stitched leather .. this wasn't done in Mavericks :D.
Score: 6 Votes (Like | Disagree)