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It isn't hard at all to imagine the spoiled brat scenario. Only look at past and present history. Here sits Apple: convicted, yes, but also notoriously avoiding US taxes, hoarding shareholder wealth and exploiting slave labor rather than employing its own nationals at living wages.

Does this sound like a company that would accept its punishment or one that thinks legality and ethics are trifles it can buy and/or bully its way past? And lo, it learns, to its fury, that the court is no half-witted fanboy...

You forgot to add that "apology" Apple wrote on its web site that basically said a judge was an idiot and samsung phones are not cool. LOL.
 
If even half of what Apple is saying is true, his only goal is to make as much money as possible from this by overreaching into things that are none of his business and trying to create as many billable hours as possible.

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Pretty insulting, your post. Please explain to us in detail where Apple is "exploiting slave labor". Easy to make claims, hard to support them.

I agree that the guy appointed by court is as greedy as hell. He wants Apple´s pile of cash all for himself... God...He is just a lawyer and wants to make more than the President itself ( Or more than the Rolling Stones :) )

I think Apple is against totally of slave labour and pointed out many times. I think some people simply becomes annoyed when the companies do as the first rule of business , they took their factories where its cheaper ( always following local rules and regulations, tax policies, and minimum wages)

We could say slave labour if Apple or any other company would underpay or wouldnt comply with the countries rules & regulations and would try to abuse those to gain more profit.

For all those: blame the country China and its regulations... Apple just comply within the countries regulation.

Thats my point of view

Regards
 

WoW, what an absolutely biased piece of garbage. That article is so inaccurate it's ridiculous. I'm an Apple user (MacBook Pro, Mac Pro, iPhone, iPad), but I also read e-books and I assure you that the price of books from the big 5 did go up drastically with the introduction of the agency model (check out the comments on the Salon article).

I ended up going back to books printed on paper as they we're cheaper (which makes no sense, but since traditional B&M deals the distributor sells the books to the retailer at a fixed price, and the retailer can sell them for whatever amount they want, they ended up being cheaper). So if Amazon wanted to only make a few pennies on each sale (or lose money for that matter, and don't say just Amazon does it, check out every Black Friday sale) they we're allowed to. This allows for true competition versus every single retailer having the exact same price.
 
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He gave Apple many, many chances to do the right thing, and his qualifications are substantial:

http://www.justice.gov/atr/cases/f302600/302674.pdf

If even half of his statements are true, Apple is acting like a bunch of spoiled brats who got caught and are mad that they are being punished.

It's business! Do what the monitor asks and move on! You've got awesome products to build, don't waste your angst on one loss, especially when most of the time you win. Most companies don't get to win that often, mainly because they suck.

Let's flip that second paragraph around - as a lawyer, if any, ANY, of his statements in that brief are untrue, if that document was provided to the court as evidence, wouldn't that be perjury or similar, and cause for disbarment?
 
WoW, what an absolutely biased piece of garbage. That article is so inaccurate it's ridiculous. I'm an Apple user (MacBook Pro, Mac Pro, iPhone, iPad), but I also read e-books and I assure you that the price of books from the big 5 did go up drastically with the introduction of the agency model (check out the comments on the Salon article).

I ended up going back to books printed on paper as they we're cheaper (which makes no sense, but since traditional B&M deals the distributor sells the books to the retailer at a fixed price, and the retailer can sell them for whatever amount they want, they ended up being cheaper). So if Amazon wanted to only make a few pennies on each sale (or lose money for that matter, and don't say just Amazon does it, check out every Black Friday sale) they we're allowed to.

Source? Everything I've read shows the prices of best sellers going up, but the average price of eBooks as a whole going down.

This allows for true competition versus every single retailer having the exact same price.

Retail competition is not the only acceptable form of market competition. With agency pricing, publishers were still engaged in "true" competition with each other.
 
Source? Everything I've read shows the prices of best sellers going up, but the average price of eBooks as a whole going down.

http://www.washingtonpost.com/blogs...book-prices-this-chart-shows-how-they-did-it/

The way the SALON article came up with an overall lowering was by including self-published e-books prices (which typically sell for extremely low, and self publishing has increased dramatically over the past few years).

Apple's agency model (for the scope of this article/lawsuit) had NOTHING to do with the increase in self-publishing and is not accurate to include.
 
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:D Your data is for prices at Amazon!

The way the SALON article came up with an overall lowering was by including self-published e-books prices (which typically sell for extremely low, and self publishing has increased dramatically over the past few years).

As I (and SALON) said, the overall average price of eBooks came down.

Funny how when we discuss Amazon's predatory pricing, the counter argument is that we have to look at eBooks as a whole. But when we discuss these price fixing claims, we only look at a certain subset of books.

Apple's agency model (for the scope of this article/lawsuit) had NOTHING to do with the increase in self-publishing and is not accurate to include.

Only because it doesn't fit your point. The increased competition that resulted from agency pricing could very well have impacted the rise in self publishing.
 
:D Your data is for prices at Amazon!

The Agency pricing specific to this lawsuit dictates that the prices are the same at all retailers (or higher, if I have read the contracts properly, so the fact that these are for Amazon is mute, it would reflect the pricing of the entire industry for the 5 publishing houses involved in the lawsuit).
 
The Agency pricing specific to this lawsuit dictates that the prices are the same at all retailers (or higher, if I have read the contracts properly, so the fact that these are for Amazon is mute, it would reflect the pricing of the entire industry for the 5 publishing houses involved in the lawsuit).

1. To show an increase, you need a before and after. That explanation doesn't apply to prices before Apple entered the market.
2. That assumes that the rest of the industry sells the exact same mix of products as Amazon.
 
I do find it rather amusing that both Salon and the Wall Street Journal are on the same side of this argument. Talk about opposite ends of the viewpoint on business spectrum.

Though really (and this is getting back to the original case, not the monitor that this article is about), taking into account Amazon's piece of the ebook pie (then and now) and that what they were doing prior to the agency model thing was, explicitly, selling ebooks at a flat-cost loss, it would be pretty much impossible to see their position prior to Apple entering the market as anything but that of a predator attempting to establish a monopoly.

When you are a big reseller selling products at a loss (and going so far as to pull ALL of a publisher's books, including physical ones, from the largest bookstore on earth when they refuse to play the game--don't forget Amazon did that) subsidized by income from your existing profitable business, it doesn't take a lot of business acumen to figure out what the endgame is.
 
The Agency pricing specific to this lawsuit dictates that the prices are the same at all retailers (or higher, if I have read the contracts properly, so the fact that these are for Amazon is mute, it would reflect the pricing of the entire industry for the 5 publishing houses involved in the lawsuit).
Those contracts are not in use. The court forced the publishers to drop them.
 
I do find it rather amusing that both Salon and the Wall Street Journal are on the same side of this argument. Talk about opposite ends of the viewpoint on business spectrum.

Though really (and this is getting back to the original case, not the monitor that this article is about), taking into account Amazon's piece of the ebook pie (then and now) and that what they were doing prior to the agency model thing was, explicitly, selling ebooks at a flat-cost loss, it would be pretty much impossible to see their position prior to Apple entering the market as anything but that of a predator attempting to establish a monopoly.

When you are a big reseller selling products at a loss (and going so far as to pull ALL of a publisher's books, including physical ones, from the largest bookstore on earth when they refuse to play the game--don't forget Amazon did that) subsidized by income from your existing profitable business, it doesn't take a lot of business acumen to figure out what the endgame is.

Prior to the introduciton of the Agency Model, Amazon was only selling Best Sellers at 9.99 (as a Loss Leader to promote the sale of their Kindle). They weren't selling ALL books at a loss.
 
Prior to the introduciton of the Agency Model, Amazon was only selling Best Sellers at 9.99 (as a Loss Leader to promote the sale of their Kindle). They weren't selling ALL books at a loss.

He didn't say that the were selling ALL books at a loss. What's your point?
 
Those contracts are not in use. The court forced the publishers to drop them.

Correct, however the discussion we're having is whether or not the prices increased during the time they we're in place. Everyone wants to point out that the overall average price of an e-book decreased (which it did, thanks to the massive increase in self-publishing), however the average price of a book from the 5 publishing houses involved didn't decrease, they went up (the point of reference is using Amazon to show pre and post agency model pricing which people argue is also invalid, but I'm not sure there we're any other e-book retailers prior to the switch to the Agency model that had enough of a market share to have affected this chart however).

Either way, it all comes down to which side of the fence you're on. I was a Kindle user prior to the switch, to me the prices went up (to the point that I switched back to purchasing books in print, because they we're in most cases cheaper then the e-book version (as I tend to read best sellers when they first come out)). It never made any sense to me that a Hard Cover book should cost less than an e-book, but that's exactly what happened.
 
I've owned a kindle 2, 3, touch, and paper white, and prices for the main book publishers went SKY HIGH when Apple did this. Although I'm sure the fanboys here have an excuse.
 
I've owned a kindle 2, 3, touch, and paper white, and prices for the main book publishers went SKY HIGH when Apple did this. Although I'm sure the fanboys here have an excuse.

It's always a good sign for a rational discussion when someone preemptively dismisses anyone that disagrees with them as a fanboy. :D
 
Some sense at last.

This is all politics. Amazon gets the the only seat at the table, for playing the game - taking control of the Washington Post, massive and growing CIA data contracts, not to mention lobbying like there's no tomorrow.

Apple does not play this game, and the powers that be, see a Jobs-less Apple as ripe for the pickings:
  • Wall St, Ican etc - siphoning cash out of the company
  • NSA only got Apple to sign up for Prism after Steve passed away
  • with the departure of Bob Mansfield, deep control over Apple Technologies is now in the hands of former Adobe CTO and Flash evangelist, Kevin Lynch who brought you, Adobe Insight intelligence monitoring using Omniture "Ad Tracking" from their data centre, right next to the NSA data centre in Utah… and Flash, the most 'accidentally' insecure software on the planet

and clearly the White House is looking for more "lobbying" from Apple, as confirmed by The Justice Department's conduct of this "legal action":
  • not replacing a Judge who declared Apple guilty before the case commenced
  • not replacing a compliance monitor with insufficient qualifications for the job
  • not replacing the compliance monitor when he commenced his action prior to commencement of the monitoring
  • not replacing the compliance monitor when he stepped outside the declared role, on the basis of (illegal) private discussions with the judge, no less

What this under qualified compliance monitor is known for is:
  • issuing permits to drill, despite in his own words, the disturbing attitude of some oil companies, after a bad oil spill (which occurred less than a month after the president expanded off-shore drilling) and
  • making a Lieutenant Colonel take the fall for a President's and the security services' drug running operations

The whole thing stinks.

I think the issue is that the guy is an AUDITOR for compliance, not an investigator. His job should be to review contracts with publishers and make sure those follow the court's rules. That's pretty straight forward. You certainly don't get to blow off Apple's lawyers and just wander around interviewing people without the company's notice... That alone is some pretty serious overstepping.
 
Prior to the introduciton of the Agency Model, Amazon was only selling Best Sellers at 9.99 (as a Loss Leader to promote the sale of their Kindle). They weren't selling ALL books at a loss.
No, of course they weren't. But they're called "best sellers" for a reason. The point was that they were trying to undercut the entire book pricing scheme by pricing the most popular books under cost, and setting a flat cost for everything else so people would just start assuming "ebooks cost $10".

You could technically buy an older book from another ebook store for less than $10 at that point, but since most of what people buy is bestsellers (again, they're called that for a reason), and most people are probably going to lock themselves into one system (particularly if they go with a hardware device like a Kindle), it's a no-brainer to go with the store that offers the expensive new stuff for the least money.

And if you keep that up long enough, eventually you have no competition and you've devalued bestsellers down to the price point you were aiming for.

Which is the whole point of establishing a monopoly; you don't want to charge less forever for everything, you just need to do it long enough with enough products to drive your competitors out of the market, at which point you can do whatever you want because you've got a monopoly.

Let's not forget that Amazon did this back in 2010 during the period the antitrust suit deals with. When Amazon got huffy about Macmillan wanting to charge more for bestseller ebooks, they pulled everything of Macmillan's from their store, hardcopy included. If you are Amazon, the biggest bookstore on earth, that is not a small thing to do to a publisher to use as a club to get them to do what you want.

Or in 2012, when Amazon pulled every ebook from a smaller publisher because they didn't want to lower their prices after Amazon had been forced into the agency model.

On one hand, Amazon is indeed trying to lower the prices of at least some ebooks in the short term. On the other, they've demonstrated a willingness to resort to brute-force tactics to achieve that, and I'll believe their altruistic motives when I see them with less than 80% of the market.
 
but I'm not sure there we're any other e-book retailers prior to the switch to the Agency model that had enough of a market share to have affected this chart however).

This situation is what boggles my mind about the DOJ's logic. Even if you stipulate to the DOJ's collusion claims, somehow, one company controlling pricing for 90% of the market is preferable to 5 companies with less than 40% of the market working together to make a one time change to the system. A change that was immediately followed by more competition within the market.

And yet while in the middle of prosecuting Apple for their involvement in the collusion among these 5 companies with 40% of the market, the DOJ approves the mergers of the top 2 publishers giving the new company control of 30+% of the market. Baffling.
 
Either way, it all comes down to which side of the fence you're on. I was a Kindle user prior to the switch, to me the prices went up (to the point that I switched back to purchasing books in print, because they we're in most cases cheaper then the e-book version (as I tend to read best sellers when they first come out)). It never made any sense to me that a Hard Cover book should cost less than an e-book, but that's exactly what happened.
I haven't bought many ebooks. Mainly because I tend to look at not-current-bestseller books, and they were always overpriced, IMO. It was always cheaper to pick up a paperback, every single time I shopped. (and sometimes hardcover) Before, after, during this saga.

Maybe some people with different buying habits don't like being ignored by your ballistic comments. Are you sure you believe the sentence I highlighted?

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This situation is what boggles my mind about the DOJ's logic. Somehow, one company controlling pricing for 90% of the market is preferable to 5 companies with less than 40% of the market working together to make a one time change to the system. A change that was immediately followed by more competition within the market.

And yet while in the middle of prosecuting Apple for their involvement in the collusion among these 5 companies with 40% of the market, the DOJ approves the mergers of the top 2 publishers giving the new company control of 30+% of the market. Baffling.
Right hand, meet left hand.
 
You are pretty naive to think a lot of government assigned contracts aren't awarded as favours or to help out colleagues.

Same thing happens in Australia. New construction contracts, or planning and architecture etc from government is usually assigned to people with no more than 1 or 2 degrees of separation from the person signing off on the deal.

Sorry, but I am far from being naive. It is Apple legal that leaks majority of miss information "here and there" and hoping masses will buy their lies and help with forming public opinion. This is by far not even close to government activity you referring to in your argument - contracting offices. Those type of corruption exists on all government levels in any country. Judges are not in routine business of giving contracts.
 
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I don't even begin to understand why the court would be unwilling to assign a new monitor. Why does it matter who the monitor is, if there isn't something shady going on.

It is very apparent that there most likely is a conflict of personality between the current monitor and Apple and that both parties feel like it is impeding their ability to get work accomplished. Seems simple, change out the monitor. If the monitor is doing what they are assigned to do why does it matter who the monitor is.

This seems to be a very odd response especially in light of the fact that the monitor (Bromwich) is an old friend of the judge on the case (Cote).

But that's not what they asked for, they asked for the removal of the monitor with no one to replace them....essentially they want to not have a monitor.

As for if Apple manipulated the market to raise the prices, they absolutely did and the DOJ is right to nail them for it. The bottom line is that prior to Apple coming along, the eBook retailers set the prices, much like they do for physical books. There was always a MSRP and dollar per book that the retailer had to pay for the book (again, just like physical books), but ultimately it was up to the retailer to determine how much profit or loss they wanted on each book, same as physical books.

Apple comes along and says to the publishers, if you sign an agreement with us saying you won't allow your eBooks to be sold for anything less than what you charge on our site, we will let you set the price and take a cut. By doing so, you can charge more for each book and make more money, plus reduce the number of people buying new releases on eBook format just because they are cheaper.

So, yes, Apple and the other companies did violate Antitrust laws and no, contrary to popular belief Amazon wasn't the only major player in eBooks before Apple decided to join in.
 
As for if Apple manipulated the market to raise the prices, they absolutely did and the DOJ is right to nail them for it. The bottom line is that prior to Apple coming along, the eBook retailers set the prices, much like they do for physical books. There was always a MSRP and dollar per book that the retailer had to pay for the book (again, just like physical books), but ultimately it was up to the retailer to determine how much profit or loss they wanted on each book, same as physical books.

Apple comes along and says to the publishers, if you sign an agreement with us saying you won't allow your eBooks to be sold for anything less than what you charge on our site, we will let you set the price and take a cut. By doing so, you can charge more for each book and make more money, plus reduce the number of people buying new releases on eBook format just because they are cheaper.

So, yes, Apple and the other companies did violate Antitrust laws

Absolutely? And yet, according to the judge, none of what you described is illegal. :D

and no, contrary to popular belief Amazon wasn't the only major player in eBooks before Apple decided to join in.

Source? Everything I've seen puts Amazon's eBook share at 90% before Apple entered the market.
 
I have a question for you Americans. If America was supposed to be all about checks and balances, why is it not possible for citizens to petition another court to have a corrupt judge put on trial and possibly fired from their job? Are they above the law?

If you can impeach the president, it should be possible to impeach a judge.
 
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