DOJ Says Publishers Are Again Colluding in Objecting to Proposed Apple Penalty in E-Book Case
With Apple and the U.S. Department of Justice headed back to court today for a hearing on the government's proposed penalties for Apple, GigaOM highlights several developments in the case. Of particular interest is a letter from DOJ attorney Lawrence Buterman arguing that an objection to the proposed penalties by the publishers that were part of the case is direct evidence of why the penalties are needed to protect consumers.
“A necessary component of this Court’s decision finding Apple liable for horizontal price-fixing is that the publishers themselves were engaged in a horizontal price-fixing conspiracy…[There] is reason to believe the Publisher Defendants may be positioning themselves to pick things back up where they left off as soon as their two-year clocks run. Indeed, the very fact that the Publisher Defendants have banded together once again, this time to jointly oppose two provisions in the Proposed Final Judgment that they believe could result in lower ebook prices for consumers, only highlights why it is necessary to ensure that Apple (and hopefully other retailers) can discount ebooks and compete on retail price for as long as possible.”
Apple has called the proposed penalties, which would force the company to allow competitors to bring back direct links to their e-book stores in their App Store apps and nullify existing "agency model" contracts with publishers, "draconian" and "punitive". Apple could also end up being liable for as much as $500 million in damages.
At today's hearing, Apple will also argue for a stay on further court proceedings until its appeal can be heard, proposing that a jury trial be held in October 2014. The DOJ is arguing against a stay and suggesting that an appeal trial should be held beginning in April 2014.
Update: Associated Press reports that Judge Denise Cote has denied Apple's request for a stay of the case pending appeal.
A judge on Friday refused a request by Apple to temporarily suspend her ruling that it violated antitrust laws by conspiring with publishers to raise electronic book prices in 2010.
Judge Denise Cote, ruling from the bench in Manhattan federal court, declined to withdraw the effect of last month's ruling while Cupertino, Calif.-based Apple Inc. appeals.
The maker of iPods, iPads and iPhones continues to fight what it calls "false accusations."
Popular Stories
With the launch of iOS 16.1, Apple rolled out a Emergency SOS via Satellite, which is designed to allow iPhone 14 owners to contact emergency services using satellite connectivity when no cellular or WiFi connection is available. The feature was put to the test in Alaska today, when a man became stranded in a rural area. In the early hours of the morning on December 1, Alaska State Troopers ...
Apple plans to publicly release iOS 16.2 for the iPhone in mid-December, according to Bloomberg's Mark Gurman. The update remains in beta testing for now, with at least eight new features and changes already uncovered so far.
iOS 16.2 introduces a number of new features, including Apple's new whiteboard app Freeform, two new Lock Screen widgets for Sleep and Medications, the ability to hide...
Wednesday November 30, 2022 10:09 am PST by
Juli CloverApple today released iOS 16.1.2, another minor bug fix update that comes one week after the release of iOS 16.1.1 and three weeks after the launch of iOS 16.1, an update that added support for iCloud Shared Photo Library, Matter, Live Activities, and more.
The iOS 16.1.2 update can be downloaded on eligible iPhones over-the-air by going to Settings > General > Software Update.
According...
Do-it-yourself repair website iFixit today shared a video teardown of Apple's new 10th-generation iPad, providing a closer look inside the tablet and revealing why the device lacks support for the second-generation Apple Pencil.
The teardown reveals the internal layout of the iPad, including its two-cell 7,606 mAh battery, logic board with the A14 Bionic chip, and more.
As suspected, the...
Apple in late October began testing iOS 16.2 and iPadOS 16.2 updates, providing betas to both developers and public beta testers. As of now, we've had four total betas, with the fourth beta having been released earlier this week. iOS 16.2 and iPadOS 16.2 are expected before the end of the year, and we thought we'd try to narrow down the launch timeline.
With only four betas released since...
The next-generation MacBook Pro models could feature faster RAM, according to a recent report from a reliable source.
MacRumors Forums member "Amethyst," who accurately revealed details about the Mac Studio and Studio Display before those products were announced, recently provided information about Apple's upcoming 14- and 16-inch MacBook Pro models. The new machines are expected to feature...
The calendar has turned to December and that means Apple has only one month left to fulfill its promises of releasing an Apple Music Classical app and expanding its self-service repair program to Europe before the end of 2022. Delays are always possible, of course, so the plans could be pushed back to 2023. In any case, we have put together a list of five things that Apple still has to release...
Apple today seeded the fourth betas of upcoming iOS 16.2 and iPadOS 16.2 updates to developers for testing purposes, with the betas coming two weeks after Apple seeded the third betas of iOS 16.2 and iPadOS 16.2.
Registered developers are able to download the iOS 16.2 and iPadOS 16.2 profiles from the Apple Developer Center, and once installed, the beta is available over the air.
iOS...
iPhone 12 Pro and Pro Max, iPhone 13 Pro and Pro Max, and iPhone 14 Pro and Pro Max models feature a LiDAR Scanner next to the rear camera that can be used to measure a person's height instantly in Apple's preinstalled Measure app.
To measure a person's height, simply open the Measure app, point your iPhone at the person you want to measure, and make sure they are visible on the screen from...
Apple has decided to call the software that will run on its upcoming AR/VR headset "xrOS," an update from the original "RealityOS or "rOS" naming the company was planning on, according to Bloomberg. Render created by Ian Zelbo based on rumored information The name change comes as Apple begins to prepare for the launch of the headset, which is expected at some point in 2023. The headset will...
Top Rated Comments
You make it impossible for a corporation to conduct business in the United States and then bitch and moan when they offshore jobs and keep profits overseas.
Why would a corporation reward a population and the government it elects when that population/government does everything within its legal (and made up) power to prevent that corporation from doing business?
Fight the good fight Apple. Keep that ~$100 billion overseas and invest in companies in other countries!!!
1. Amazon has a near monopoly (monopsony?)
2. Amazon can do whatever they want (it was Amazon who requested the DoJ pursue this matter in the first place)
3. Many companies are affected (if not outright killed off) by Amazon's predatory practices
4. If those companies make a peep, they are "colluding" against poor Amazon!
5. How could all the publishers respond at the same time? It's almost as though they're all responding to the same thing that just happened. Nah... collusion.
I'm glad that the DOJ is showing its true colors in this new accusation: paranoid and incompetent.
DC is a shakedown operation, so if you're not plugged in you get mugged.
This is why Bozo buying the Washington Post is such a good deal. Everyone in DC-NY corridor wonders how the digitized Wal-Mart clown will make money on a dying antique newspaper, but they don't get it - he bought influence, he bought his way into the social circle of the DOJ, Congresscritters, etc. No matter the clowns in power, Bozo has access to them with not the business of the Post but the social institution - the lunches and cocktail parties and all the rest. That's where power is in DC.
Apple is a good example of what happens when you don't grease the DC skids. They make all this money, are an American icon more effective than any propaganda, employ thousands, and make popular stuff. But they don't play the game...so you see Tim Cook be whipping boy in Congress, this DOJ shakedown, etc. Meanwhile Amazon runs vast sweatshop warehouses with a predatory money-losing business model - and gets away with it.
But they play the game better than Apple does, indeed with the WaPo purchase obviously play it better than any other digital business.
I thought that was called "dumping" and is illegal. It's only used as a means to crush competition by making it impossible for any other business to compete, while Amazon can afford to take the loss for a while until the other guys go out of business.