Proposed E-Book Publisher Settlement Could See Customers Receiving Up to $3 Per Book Purchased

iBooks.pngWhile Apple has been found guilty of conspiring to fix e-book prices as it sought to launch its iBookstore alongside the iPad in early 2010, five publishers involved in the case have already agreed to settle the cases brought against them by state attorneys general and other class-action plaintiffs.

Among the publishers, Hachette, HarperCollins, and Simon & Schuster had previously received court approval for their settlement agreements, and Macmillan and Penguin settlements are now proceeding through the approval phase. Customers who purchased Macmillan or Penguin e-books are now receiving emails informing them about the proposed settlement and their rights and responsibilities with respect to the agreement.

Under the proposal, the Macmillan and Penguin settlement funds would be combined with previous amounts committed by the other publishers, yielding a total fund of $162.25 million to be paid out to consumers who purchased e-books between the iBookstore's April 1, 2010 launch and May 21, 2012.

While the exact amount of reimbursement customers will receive depends on how many end up being included in the program, current estimates suggest that customers could be reimbursed $3.06 for each purchase of an e-book that appeared on the New York Times bestseller list at any point, and $0.73 per non-bestseller book.

The amount of your credit or check will be affected by how many qualifying E-books you purchased. There will be two levels of payments, based on categories of E-books. While the exact amount to be paid per E-book in each category is not yet finalized, the best estimates of payments for each E-book you purchased, based on the Plaintiffs proposed plan for a combined fund, are as follows:

- New York Times bestsellers: $3.06 per E-book. These include titles that were New York Times bestsellers at any time, irrespective of when you purchased the E-book.

- Non-New York Times bestsellers: $.73 per E-book. These E-books include any titles that were not New York Times bestsellers.

Residents of Minnesota will receive a different, higher amount per book because they were not included in the first round of settlements.

Reimbursement methods will also vary based on where e-books were purchased, with Amazon customers receiving automatic account credit while Apple, Barnes & Noble, and Kobo users will have to activate their account credits, or they may request reimbursement by check. Consumers have until October 21 to object to or exclude themselves from the proposed settlement, and a hearing will be held on December 6 to consider approval.

While penalties in the case against Apple have yet to be assessed and Apple has vowed to appeal the verdict, estimates have suggested that Apple could owe as much as $500 million for its role in pushing book publishers to move to an agency model that resulted in higher prices for consumers.

Top Rated Comments

theheadguy Avatar
103 months ago
Hilarious! It seems like the majority of the people on here were hating the DOJ for proposing ANY kind of punishment or settlement. Now that people might see their own pockets lined with some refunds, haters magically turn into lovers!

It's more interesting from a psychological perspective to see people who still feel bad for Apple and would only be content if there was an Apple legal defense fund they could willingly donate to ;)
Score: 11 Votes (Like | Disagree)
BC2009 Avatar
103 months ago
5 Publishers who received 70% of revenue from e-Books across multiple marketplaces (Kindle, Nook, iBookstore) in total owe $162M.

1 Ecosystem Provider (Apple) that received 30% of the e-Books revenue on a single distant-second marketplace may owe $500M.

Hmm..... something about this math does not work.
Score: 10 Votes (Like | Disagree)
bsolar Avatar
103 months ago
I think this whole situation amounts to a perverse interpretation of "anti-trust" laws. In punishing Apple and the publishers for "colluding," the DOJ is rewarding Amazon for its efforts to create a monopoly. :mad:
If Apple wants to compete with Amazon there are legal options, but Apple did not want to make the investment to enter the ebooks market competing on price. Another competitor doing great is no excuse to break the law.

And what does "colluding" in this sense really mean? The publishers offered ebooks at a price well below the price of the printed version. Cost of production and distribution aside, authors and publishers are entitled to make money for their work. There is no "e-book" in "free," or some such pun. ;)

Authors and publishers were making more money with the wholesale model. The publishers actually decided to go with Apple's agency model knowing perfectly well that they would have less revenue, even with higher consumer prices.

With respect to the refunds, nobody forced consumers to buy them at the set price -- and who is the DOJ to determine what is the fair price? We know that the price Amazon set was intended as a loss-leader to sell more Kindles. So that price is fiction and should not be the basis for anything.

You have it backwards: Amazon does not make money selling Kindles, it actually makes money selling the content, kinda like a gaming console makes money selling games and not selling the console itself.
Score: 8 Votes (Like | Disagree)
mac 2005 Avatar
103 months ago
I think this whole situation amounts to a perverse interpretation of "anti-trust" laws. In punishing Apple and the publishers for "colluding," the DOJ is rewarding Amazon for its efforts to create a monopoly. :mad:

And what does "colluding" in this sense really mean? The publishers offered ebooks at a price well below the price of the printed version. Cost of production and distribution aside, authors and publishers are entitled to make money for their work. There is no "e-book" in "free," or some such pun. ;)

With respect to the refunds, nobody forced consumers to buy them at the set price -- and who is the DOJ to determine what is the fair price? We know that the price Amazon set was intended as a loss-leader to sell more Kindles. So that price is fiction and should not be the basis for anything.
Score: 8 Votes (Like | Disagree)
bbeagle Avatar
103 months ago
Hilarious! It seems like the majority of the people on here were hating the DOJ for proposing ANY kind of punishment or settlement. Now that people might see their own pockets lined with some refunds, haters magically turn into lovers!
I'm actually against any class-action lawsuits like this (against any company). $3 is ridiculous. If something like a car breaks, and requires $700 part, it's fine to have a class-action lawsuit to get that money back, but $3? This was just made so lawyers could get their cut.

I'm also against this settlement. How does it make any sense at all?
Score: 8 Votes (Like | Disagree)
schmidm77 Avatar
103 months ago
I think worrying about how much I was "overcharged" for an ebook is missing the point, because I paid what I was willing to pay, for the price advertised; and I would again.

A lot of people don't realize that antitrust law is not about giving consumers a better price, but is about protecting competitors from anticompetitive behavior. It just happens to be the case that competition tends to, but not always, result in lower prices. I don't know that what Apple and the publishers did actually hurt competition.
Score: 6 Votes (Like | Disagree)

Top Stories

iOS 14 on iPhone feature emergency

Apple Releases iOS and iPadOS 14.7.1 With Fix for Touch ID Apple Watch Bug

Monday July 26, 2021 9:48 am PDT by
Apple today released iOS and iPadOS 14.7.1, minor bug fix updates that come just a week after the release of iOS 14.7, software that introduced new Apple Card features and support for the MagSafe Battery Pack. The iOS and iPadOS 14.7.1 updates can be downloaded for free and the software is available on all eligible devices over-the-air in the Settings app. To access the new software, go to...
iPad mini pro feature 2

iPad Mini 6 to Feature 8.3-Inch Display With No Home Button and Narrower Bezels

Monday July 26, 2021 12:26 pm PDT by
The sixth-generation iPad mini that's in the works will have an 8.3-inch display, according to display analyst Ross Young. That will be larger than the current 7.9-inch display, with the larger size due to the removal of the Home button and a narrower bezel design. Rumors about the iPad mini 6 have been picking up in recent weeks ahead of its prospective launch this fall. Apple analyst...
iphone 12 pro gold

Report: iPhone 14 Pro Models to Feature Tough Titanium Alloy Chassis

Monday July 26, 2021 1:12 am PDT by
Next year's "iPhone 14" series is expected to feature high-end models with a new titanium alloy chassis design, claims a new investors report by JP Morgan Chase. According to the report, the use of titanium alloy will be one of the biggest changes to the case design in the 2022 iPhone series, and Foxconn will be the exclusive manufacturer of the titanium frames for the high-end models....
nothing ear 1 buds 1

Nothing 'Ear (1)' True Wireless Earbuds Launch to Take on AirPods Pro With ANC and Unusual Design for $99

Tuesday July 27, 2021 7:57 am PDT by
Nothing, a new brand from OnePlus founder Carl Pei, has today officially launched the "Ear (1)" true wireless earbuds after months of anticipation around the company's AirPods Pro rival. The Ear (1) features an in-ear design, Active Noise Cancelation, Bluetooth 5.2, IPX4 water resistance, and a charging case with Qi-compatible wireless charging and a USB-C port. Fast pairing is supported on...
apple mac business page

Apple Shares 11 Reasons Why Business Users Should Choose Macs

Monday July 26, 2021 11:35 am PDT by
Apple today updated its Apple at Work website with a new section dedicated to the Mac, which offers up 11 reasons why "Mac means business." On the webpage, Apple highlights the M1 chip as the number one reason why business users should choose a Mac, offering up an M1 overview [PDF] that explains the benefits of the M1 chip. The information isn't new, but it does provide a look at all of...
imac with accessories

Larger Redesigned High-End iMac Rumored to Launch Next Year

Monday July 26, 2021 3:45 am PDT by
Apple's larger redesigned iMac will arrive sometime in 2022 rather than later this year, according to the leaker known as "Dylandkt." On Twitter, Dylandkt claimed that Apple's "high end iMac" is not expected to release in the fourth quarter of 2021 alongside Apple's "M1X Macs" – a reference to Apple's redesigned MacBook Pro models – because "Apple simply does not want their devices to...
General iOS 14

iOS 14.7.1 and macOS Big Sur 11.5.1 Patch Security Vulnerability That May Have Been Actively Exploited

Monday July 26, 2021 11:55 am PDT by
Apple today released unexpected iOS 14.7.1 and iPadOS 14.7.1 updates to the public, and according to a newly released support document, the software addresses a serious security vulnerability that may have been exploited in the wild. Apple says that an application may have been able to execute arbitrary code with kernel privileges due to a memory corruption issue. "Apple is aware of a report ...
apple bitcoin hack

Is Apple Really Buying Bitcoin?

Monday July 26, 2021 3:07 am PDT by
A large number of websites and posts on social media are stoking rumors that Apple has purchased $2.5 billion worth of bitcoin in the company's first move into cryptocurrency, but is there any validity to the claims? Many people are citing the fact that Apple was looking for a Business Development Manager with experience in alternative payments, including cryptocurrency, earlier this year as ...
tesla red orange bg feature

Tesla CEO Elon Musk Takes Shots at Apple During Earnings Call

Monday July 26, 2021 4:53 pm PDT by
During a Tesla earnings call that took place today, Tesla CEO Elon Musk spent time sniping at Apple, reports CNBC. Musk criticized Apple's "walled garden" and made comments on the company's cobalt use. In a discussion about plans to allow Tesla competitors to use the Tesla electric vehicle charger network, Musk said that Tesla does not want to create a walled garden to "bludgeon" Tesla...
FaceID iMac REREREREMIX

Gurman: Face ID on the Mac Coming Within a 'Couple of Years'

Sunday July 25, 2021 7:09 am PDT by
Apple plans to bring Face ID to the Mac within the next "couple of years," respected Bloomberg journalist Mark Gurman said today in the latest edition of his Power On newsletter. In the newsletter, Gurman says that he believes Apple's ultimate goal is to shift all of its products to Face ID, including the lower-end iPhones such as the iPhone SE and the iPad Air, which feature Touch ID....