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Old Aug 7, 2013, 06:13 PM   #1
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Publishers in E-Book Antitrust Case File Objection to DOJ's Proposed Punishment for Apple




The five book publishers who settled with the U.S. Government in the e-book antitrust case have filed an objection with the court arguing that the Department of Justice's proposed punishments for Apple would violate their settlement agreements from before the trial began, according to The Wall Street Journal.

The DOJ has recommended that the "agency model" deals with publishers be nullified and that Apple require competitors such as Amazon to put direct purchase links to their own e-book stores inside their iOS apps. Some experts have said that Apple could owe as much as $500 million in penalties.
Quote:
In a court filing Wednesday afternoon, the publishers said that the U.S. Department of Justice's demands on Apple would eliminate the use of the "agency model" for the sale and distribution of e-books for a period of five years, by prohibiting Apple from entering such agreements.

Under the agency model, publishers, rather than Apple, set the retail price for e-books.

"The provisions do not impose any limitation on Apple's pricing behavior at all; rather, under the guise of punishing Apple, they effectively punish the settling defendants by prohibiting agreements with Apple using an agency model," lawyers for the publishers said in papers filed in federal court in Manhattan.
Apple has consistently defended its behavior and called the DOJ's proposal a "draconian and punitive intrusion into Apple's business".

Article Link: Publishers in E-Book Antitrust Case File Objection to DOJ's Proposed Punishment for Apple
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Old Aug 7, 2013, 06:21 PM   #2
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if it pleases the court (i.e. the mods)
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Old Aug 7, 2013, 06:22 PM   #3
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Not cool.
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Old Aug 7, 2013, 06:25 PM   #4
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Remember when there used to be good news about Apple?
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Old Aug 7, 2013, 06:28 PM   #5
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Originally Posted by LaDirection View Post
Remember when there used to be good news about Apple?
The publishers are supporting Apple.
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Old Aug 7, 2013, 06:41 PM   #6
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The publishers aren't really siding with Apple. They are looking out for their best interests. The DOJ prevents Apple from using the agency model. The publishers want the agency model. Apple is almost an unintended beneficiary in this instance.
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Old Aug 7, 2013, 06:48 PM   #7
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"Trust the Government. It worked well for the Indians".
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Old Aug 7, 2013, 06:52 PM   #8
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"Trust the Government. It worked well for the Indians".
Yeah Obama vetoing the ban on Apple products definitely doesn't garner trust.
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Old Aug 7, 2013, 06:53 PM   #9
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Wow, now that Amazon has almost completed its task of putting every B&M bookstore out of business, the government steps in to make sure their slash-and-burn business model survives in the digital market as well.
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Old Aug 7, 2013, 06:57 PM   #10
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Wrong analogy. But It worked well for those who elected said government.

Quote:
Originally Posted by Glideslope View Post
"Trust the Government. It worked well for the Indians".
These days, any government care less about the people.
Fake pundits are there to soothe the people, while the government please corporations.

----------

Quote:
Originally Posted by stilted View Post
Wow, now that Amazon has almost completed its task of putting every B&M bookstore out of business, the government steps in to make sure their slash-and-burn business model survives in the digital market as well.
Obamaís guys are in the Amazonís pocket.
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Old Aug 7, 2013, 07:00 PM   #11
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Don't understand why this case is so hard to solve. All the DoJ have to do is get Apple to remove the clause from their agency agreements that prevents the publishers from selling their eBooks through Amazon at a lower price. If Apple wants to make 30% margin on eBook sales that's fine. If Amazon want to make 5% margin and sell the eBooks much cheaper that's up to them. It's a free market. Ultimately customers will decide who gets their money.
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Old Aug 7, 2013, 07:08 PM   #12
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Originally Posted by Shaun, UK View Post
Don't understand why this case is so hard to solve. All the DoJ have to do is get Apple to remove the clause from their agency agreements that prevents the publishers from selling their eBooks through Amazon at a lower price. If Apple wants to make 30% margin on eBook sales that's fine. If Amazon want to make 5% margin and sell the eBooks much cheaper that's up to them. It's a free market. Ultimately customers will decide who gets their money.
Your thinking way to logical.

We need a committee of at least 100 govt workers and a hearing to conclude what you did on a forum in 2 years time.
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Old Aug 7, 2013, 07:22 PM   #13
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Fair Trading?

Quote:
Originally Posted by Shaun, UK View Post
it's a free market. Ultimately customers will decide who gets their money.

Yeah, it is a free market.

We are human beings, do not forget that.

----------

Quote:
Originally Posted by tigres View Post
Your thinking way to logical.

We need a committee of at least 100 govt workers and a hearing to conclude what you did on a forum in 2 years time.
Explaining the Apple Ebook Price Fixing Suit by Adam C. Engst for tidbitsDOTcom
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Old Aug 7, 2013, 07:34 PM   #14
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Can someone explain the governments logic in this whole thing to me..... The crux of the whole situation, as I see it:

1) Publisher sets price..... nothing much to complain about in re Apple on this

2) Apple negotiated a clause that said that if the Publisher allowed a different seller to sell a given book for a price lower than what it told Apple to sell it for that Apple could lower their price to match said price

3) So the whole situation that Apple fought for and won in the negotiation was the ability to LOWER prices

4) So how is what Apple doing in any way hurting the consumer? Publisher sets price. Is the government actually upset that Apple would want to lower the price if they could?

----------

Quote:
Originally Posted by Shaun, UK View Post
Don't understand why this case is so hard to solve. All the DoJ have to do is get Apple to remove the clause from their agency agreements that prevents the publishers from selling their eBooks through Amazon at a lower price. If Apple wants to make 30% margin on eBook sales that's fine. If Amazon want to make 5% margin and sell the eBooks much cheaper that's up to them. It's a free market. Ultimately customers will decide who gets their money.
My understanding was that the clause Apple had did not prevent a publisher from selling a book on Amazon or any other store for a lower price. It merely said that if it did, Apple could lower the price on their store as well.

So your solution merely forces Apple to sell for a higher price than it would prefer to sell for. How is that good for consumers?
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Old Aug 7, 2013, 07:34 PM   #15
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Quote:
Originally Posted by Ochyandkaren View Post

Explaining the Apple Ebook Price Fixing Suit by Adam C. Engst for tidbitsDOTcom
I had to scroll too far down to find the article. I'll just make a blanket statement based on no facts at all:

Apple is both greedy and has the American government in their pockets while at the same time they fight the American government on the eBook pricing scandal in which they try to give publishers (including private authors) the freedom to sell works they own at prices they find fair while Apple asks for 30% like they do for anything else they sell... the big jerks.
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Old Aug 7, 2013, 07:40 PM   #16
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Quote:
Originally Posted by Ochyandkaren View Post
These days, any government care less about the people.
Fake pundits are there to soothe the people, while the government please corporations.

----------



Obamaís guys are in the Amazonís pocket.
Really?

Amazon bought off the entire DOJ?
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Old Aug 7, 2013, 07:48 PM   #17
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well this just made it interesting again... I wonder how on earth this is gonna play out!

I won't pretend to understand the entirety of the case, but it doesn't seem like Apple did anything wrong particularly.

hmmm

*keeps reading articles about case outta boredom*

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Old Aug 7, 2013, 07:55 PM   #18
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Originally Posted by Michael Goff View Post
Really?

Amazon bought off the entire DOJ?
You don't have to buy off "the entire DOJ" in order to buy off the DOJ. It happens all the time. No clue if Amazon has, but it wouldn't surprise me.
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Old Aug 7, 2013, 07:57 PM   #19
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Quote:
Originally Posted by Tknull View Post

Quote:
Originally Posted by Shaun, UK View Post
Don't understand why this case is so hard to solve. All the DoJ have to do is get Apple to remove the clause from their agency agreements that prevents the publishers from selling their eBooks through Amazon at a lower price. If Apple wants to make 30% margin on eBook sales that's fine. If Amazon want to make 5% margin and sell the eBooks much cheaper that's up to them. It's a free market. Ultimately customers will decide who gets their money.
My understanding was that the clause Apple had did not prevent a publisher from selling a book on Amazon or any other store for a lower price. It merely said that if it did, Apple could lower the price on their store as well.

So your solution merely forces Apple to sell for a higher price than it would prefer to sell for. How is that good for consumers?
Ok which one of these scenarios was the real deal?
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Old Aug 7, 2013, 08:01 PM   #20
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This is the issue with government intrusion. BTW, this should really have been in PRSI.
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Old Aug 7, 2013, 08:07 PM   #21
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Quote:
Originally Posted by ValSalva View Post
The publishers aren't really siding with Apple. They are looking out for their best interests. The DOJ prevents Apple from using the agency model. The publishers want the agency model. Apple is almost an unintended beneficiary in this instance.
How does this benefit Apple?
I can see this part not hurting apple. But help?
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Old Aug 7, 2013, 08:10 PM   #22
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As a protest against anti-trust charges that book publishers colluded with Apple to raise prices, book publishers collude with Apple to challenge US court ruling. Seems to check out.
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Old Aug 7, 2013, 08:10 PM   #23
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Apple lets publishers sell their ebooks via the app. Apple just wants their 30% as with every other item that is sold through apps. This is in the contract that the people who write apps agree to.

Everyone can buy whatever book from Amazon (or Nook or Kobo) they want via the web while on their iOS device. They don't need to be in the app to buy them. I think they should be able to have a link to their site in the app (not direct links to each individual book).

Apple needs to just break out their iBook division and charge them 30% so that they are being the same to all book sellers.

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Old Aug 7, 2013, 08:19 PM   #24
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So publishers looked at Amazon's predatory monopoly and grew some spines?
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Old Aug 7, 2013, 08:28 PM   #25
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Quote:
Originally Posted by Tknull View Post
Can someone explain the governments logic in this whole thing to me..... The crux of the whole situation, as I see it:
Looking for the bold is where you generally find the most problem.
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