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Actually, it is not illegal to sell books below cost. It may or may not be a smart business move, but it's not illegal.

Well, what is the anti-dumping duty based on? What a funny comment!


What is illegal however is selling something (in this case books) at a set price and telling the manufacturer (in this case the publishers) that they can't let anyone else sell it for a lower price. This is what Apple was doing and why they should definitely be considered guilty.

Many gas stations tried something similar about 10 years ago and were fined for it. Retailers have tried this before and didn't get away with it. Why should Apple be let off the hook?

The difference is that Apple isn't the one who sets the prices in this model. And, instead of asking the publishers to disallow others selling at a lower price, what Apple asked was the rights to intervene and to match the lowest price on the market.
 
But the problem is Amazon was paying $x amount to the publisher for each copy, that may have been more than what they would have gotten from Apple if they lowered the price on iBooks, so it was Apple forcing them to fix their prices.

That doesn't make any sense.

Actually, if you had read the agreement, it clearly stated that Apple reserves the right to remove the publisher or individual books from the iBook store if they are found to be selling their books or allowing them to be sold for less elsewhere.

Not sure how that disagrees with what you replied to.
 
The money is irrelevant. The fact that they were found guilty is. I don't think anyone thought this was going to be a billion dollar affair.
 
I think creative people deserve to be treated and paid better, apple was aware of that and wanted to make sure amazon could no longer take the piss. I think it's a bit of a crime that it's illegal to sell a book for a reasonable price vs someone like amazon just shilling everyone to sell books on a crappy system at a loss. It was a great move for the industry the same way apple saved the music industry with itunes.

It's such a kick in the teeth to do the right thing and get ****ed for it. Ironically people don't know the real cost of anything and will pay what ever they think is ok to pay.
 
The money is irrelevant. The fact that they were found guilty is. I don't think anyone thought this was going to be a billion dollar affair.

Honest question. Outside of the money, why is the guilty verdict significant? The contracts were already eliminated by the publishers settlements.
 
What I don't get is why in the original case part of their defense didn't include pointing out the Amazon was illegally selling ebooks below cost as an anti-competitive move, and that their model put a stop to that, which is why prices went up.

I believe the judge ruled that they could not bring this up at trial.

It went as expected with the judge passing the decision to an appeals court. I believe eventually it will reach the supreme court who may or may not decide to hear the case. What this means is that nobody will be suing Apple for the money for some time.
 
Times like these we need a public letter like what Steve did with Adobe Flash. At least we will see exactly what motivated Apple to not settle. Claiming they are greedy doesn't stand when they could of just settled and save a bucket load of cash in fines.

I don't think Tim is up to the task of such a letter, another CEO I been admiring as of late is Elon Musk, he's never hesitated to come out publicly and speak his mind. In my opinion he may be the new Steve Jobs, not in computing but in terms of leading a company.
 
Honest question. Outside of the money, why is the guilty verdict significant? The contracts were already eliminated by the publishers settlements.

Because if they (no matter who it was) weren't found guilty - then, in theory, the same thing could occur in the future. Not to say it couldn't now. But it's less likely Apple (in this case) would engage in the same behavior.

As a consumer - a guilty verdict is also, for some, validation, that their concerns were not unjustified.
 
Because if they (no matter who it was) weren't found guilty - then, in theory, the same thing could occur in the future. Not to say it couldn't now. But it's less likely Apple (in this case) would engage in the same behavior.

Maybe. But that's where the odd (to me) logic in the judge's decision comes in. Everything Apple actually did (agency pricing, MFN, price caps) was legal. According to the judge, it was Apple's knowledge that the publishers would use the agreement to raise prices that was illegal. But then, everybody knew that the publishers hated Amazon's pricing and wanted higher pricing. So I'm not sure how a guilty verdict helps them "un-know" it.

It seems like the judge expects a new competitor who wants to compete selling "best sellers" to engage in below cost price competition. Which is ridiculous.

Any other strategy that would have any significant success against Amazon would give the publishers leverage over Amazon and result in higher prices.
 
The question was "Ouside of the money..." :D

Apple is a business. Everything is about money.

----------

It seems like the judge expects a new competitor who wants to compete selling "best sellers" to engage in below cost price competition. Which is ridiculous.

The judge said she thought Apple was guilty before the trial even started. The finally guilty ruling was a way to pass the trial onto an appeals court without pissing off the department of justice (when was the last time you saw the department of justice lose a case in the initial trial ?) . The department of justice loses happen rarely but do so in the appeals court or supreme court.
 
Maybe. But that's where the odd (to me) logic in the judge's decision comes in. Everything Apple actually did (agency pricing, MFN, price caps) was legal. According to the judge, it was Apple's knowledge that the publishers would use the agreement to raise prices that was illegal. But then, everybody knew that the publishers hated Amazon's pricing and wanted higher pricing. So I'm not sure how a guilty verdict helps them "un-know" it.

It seems like the judge expects a new competitor who wants to compete selling "best sellers" to engage in below cost price competition. Which is ridiculous.

Any other strategy that would have any significant success against Amazon would give the publishers leverage over Amazon and result in higher prices.

Those following the case might know. I would argue that the average joe only sees that Apple was found guilty of colluding.
 
It was pointed and the result was that Amazon was not doing predatory pricing or acting against competition

Glad to hear it was brought up.

But even if Amazon's below cost pricing hadn't yet risen to the point of being illegally anti-competitive there was still a point to be hammered on, and that is that it's highly unlikely Amazon was going to sell below cost indefinitely. So prices were going to go up sooner or later.
 
Because its not allowed. You can't use 'but that other guy is doing something bsd' as a defense.

...

Excellent response to a lot of points. Concerning just the one above, I wasn't suggesting that Apple's defense that it had done nothing wrong be "but Amazon was doing wrong", rather that one of the items of evidence brought up to support the claim that there was price fixing is that the price of ebooks went up. They went up because they were artificially low because Amazon was selling them below cost.
 
I think creative people deserve to be treated and paid better, apple was aware of that and wanted to make sure amazon could no longer take the piss. I think it's a bit of a crime that it's illegal to sell a book for a reasonable price vs someone like amazon just shilling everyone to sell books on a crappy system at a loss. It was a great move for the industry the same way apple saved the music industry with itunes.

It's such a kick in the teeth to do the right thing and get ****ed for it. Ironically people don't know the real cost of anything and will pay what ever they think is ok to pay.

Apple saved the music industry? The music industry is in the toilet. Bands don't make any money from records these days. They make all their money from live performances which is why ticket prices for concerts are so high now. I don't mind. It means cheaper records. So I'm happy but I don't think many recording artists are.

I think you missed the point of this case. It's very clear. Apple made all the publishers sign a deal that they would set the end prices BUT Apple stipulated that when they did that the publishers couldn't sell that eBook at a lower price anywhere else. That meant that all the other online eBook sellers including Amazon were forced to increase their eBook prices. That my friend is clearly against the law. A law that is there to protect consumers from corporate price collusion and monopolistic practices.

The end result will be cheaper eBook prices so millions of consumers will benefit.
 
Strange, since the agency pricing contracts were eliminated months ago.
...

Not all that strange. Agency pricing is actually just going away and I doubt that existing contracts are affected.

In addition, the smaller competitors were forced out of the marked, once agency pricing eliminated the need for consumers to price-shop.

The market has accepted the higher prices, as there was no choice after the collusion and since the main. It will take a long while for new players to enter again and disrupt the pricing structure.
 
Maybe. But that's where the odd (to me) logic in the judge's decision comes in. Everything Apple actually did (agency pricing, MFN, price caps) was legal. According to the judge, it was Apple's knowledge that the publishers would use the agreement to raise prices that was illegal. But then, everybody knew that the publishers hated Amazon's pricing and wanted higher pricing. So I'm not sure how a guilty verdict helps them "un-know" it....

Uhm, an agreement may be either explicit or implicit and it may be evidenced by conduct.

So, not sure what is so puzzling here.
 
They went up because they were artificially low because Amazon was selling them below cost.

All which, even if true, is moot. You can not use 'but the other guy' as a defense.

Even if they were sold below cost, the prices went up. The claim is that this was due to collusion. Apple could have been guilty and the prices stayed the same. Or the prices could have gone up because the publishers colluded and used Apple behind its back etc. But all of this must be judged on its own merits.

if folks want to go after Amazon for what they did then that's a different case
 
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