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.

Top Rated Comments

AZREOSpecialist Avatar
112 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
112 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
112 months ago
Love how it's embedded in flash

:rolleyes:
Score: 9 Votes (Like | Disagree)
Mak47 Avatar
112 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
112 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
112 months ago
Love how the Calendar shots have the stitched leather .. this wasn't done in Mavericks :D.
Score: 6 Votes (Like | Disagree)

Popular Stories

intel vs m1 max chip purple

Benchmarks Confirm Intel's Latest Core i9 Chip Outperforms Apple's M1 Max With Several Caveats

Wednesday January 26, 2022 8:56 am PST by
Benchmark results have started to surface for MSI's new GE76 Raider, one of the first laptops to be powered by Intel's new 12th-generation Core i9 processor. Intel previously said that its new high-end Core i9 processor is faster than Apple's M1 Max chip in the 16-inch MacBook Pro and, as noted by Macworld, early Geekbench 5 results do appear to confirm this claim, but there are several...
General Dropbox Feature

macOS 12.3 Will Include Cloud Storage Changes Affecting Dropbox and OneDrive

Tuesday January 25, 2022 3:31 pm PST by
Dropbox today announced that users who update to macOS 12.3 once that software version becomes available may temporarily encounter issues with opening online-only files in some third-party apps on their Mac. In a support document and an email to customers, Dropbox said it is actively working on full support for online-only files on macOS 12.3 and will begin rolling out an updated version of...
Apple Watch Red Yellow Green Feature 1

Apple Launches Black Unity Braided Solo Loop With 'Unity Lights' Watch Face

Wednesday January 26, 2022 6:05 am PST by
Apple today announced the Black Unity Braided Solo Loop for the Apple Watch, as well as a new downloadable watch face, to celebrate Black History Month. Following the launch of the limited edition Black Unity Apple Watch Series 6 and Sport Band in 2021, Apple today launched the Black Unity Braided Solo Loop as part of its celebrations for Black History Month this year.Apple is launching a...
ios 15

Apple Releases iOS 15.3 and iPadOS 15.3 With Fix for Safari Bug That Leaks Browsing Activity

Wednesday January 26, 2022 10:00 am PST by
Apple today released iOS 15.3 and iPadOS 15.3, the third major updates to the iOS and iPadOS 15 operating systems that were released in September 2021. iOS and iPadOS 15.3 come almost two weeks after the release of iOS and iPadOS 15.2.1, minor bug fix updates. The iOS 15.3 and iPadOS 15.3 updates can be downloaded for free and the software is available on all eligible devices over-the-air in ...
iOS 15

Everything New in iOS 15.4 and iPadOS 15.4: Face ID With a Mask, Emojis, Apple Card Widget, Universal Control and More

Thursday January 27, 2022 12:08 pm PST by
Apple today seeded the first betas of iOS 15.4, iPadOS 15.4 to developers for testing purposes, adding a slew of new features to the latest iOS operating systems. iOS 15.4 is the biggest update that we've had to iOS 15 to date, and it brings Universal Control, Face ID with a mask, new emojis, and tons more. Face ID With a Mask With iOS 15.4, there is now an option to unlock your iPhone...
mobeewave

Upcoming iOS Update Will Allow iPhones to Accept Credit Cards Directly Using NFC

Wednesday January 26, 2022 6:00 pm PST by
Apple is working on a new payments service that will allow iPhones to accept payments directly on device with no additional hardware, reports Bloomberg. Right now, iPhones can accept credit cards with add-ons like the Square Reader, but Apple's new technology will eliminate the need for a third-party product. Individuals and small businesses will be able to accept payments with the tap of a...
macOS Monterey on MBP Feature

Apple Releases macOS Monterey 12.2 With Safari Vulnerability Fix

Wednesday January 26, 2022 10:19 am PST by
Apple today released macOS Monterey 12.2, the second major update to the macOS Monterey update that launched in October. macOS Monterey 12.2 comes over a month after the release of the 12.1 update, which brought SharePlay support. The ‌‌‌macOS Monterey 12.2‌‌ update can be downloaded on all eligible Macs using the Software Update section of System Preferences. Apple has also...