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External Compliance Monitor: Apple is Blocking Interviews, Disrupting E-Book Antitrust Investigation [Updated]
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Thanks.
Basically Apple is going for section VI (almost typed CI!) part I. He's doing one or more hings they find objectionable, and since they simply can't fire him, are objecting to the court. I did find interesting that while Apple can advise on the monitor - no where does it state they must agree with the appointment. Nor does it state that payment must be figured out as part of the appointment.
Also, when it lists his duties, it does seem to give him carte blanche on who he can ask to talk to, somehow I doubt it was meant to be used on people without connection to the trial matter.
Never assume. Denise Cote is a Rogue Judge with a Judicial Agenda that is a clear and present danger to all.
I am probably being completely ignorant here, but how is something deemed price fixing when referring to a large number of "non-like" goods? A particular book is bound
to a particular publisher, and if you don't like it then tough.If one were to adopt the philosophy of "all books are created equal", than sure I could buy that price fixing is even possible in the marketplace.
It was always my understanding that Price Fixing is when those in the market collude to ensure that said good or service is uniformly priced, regardless of outside market conditions.
In this case, writers are paid wildly different prices for their work. Publishers set prices for Retailers in the form of MSRP, which retailers can choose to honor or ignore, knowing that their profit from selling said product will either increase or decrease based on where they choose to price the good.
I am probably being completely ignorant here, but how is something deemed price fixing when referring to a large number of "non-like" goods? A particular book is bound
If one were to adopt the philosophy of "all books are created equal", than sure I could buy that price fixing is even possible in the marketplace.
It was always my understanding that Price Fixing is when those in the market collude to ensure that said good or service is uniformly priced, regardless of outside market conditions.
In this case, writers are paid wildly different prices for their work. Publishers set prices for Retailers in the form of MSRP, which retailers can choose to honor or ignore, knowing that their profit from selling said product will either increase or decrease based on where they choose to price the good.
How would you like it if 5 of the 6 Major Hollywood Studios got together and decide that Target, Walmart, Best Buy, Amazon etc....
can't compete on the price of their blockbusters movies?
So no matter what stores you go to, you won't see a SALE for movies like the Hobbit, Hunger Game, Man of Steel, Despicable Me 2, Monster University, Fast and Furious 6, Gravity, Star Trek, Thor, World War Z, The Croods, The Heat etc...
As Steve Jobs once said, the price "WILL BE THE SAME."
That's exactly what happened with ebooks.
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Look at the price on Amazon Best Sellers TODAY vs the Amazon Best Sellers before this DOJ lawsuits.
Before: lot of $9.99, $12.99, $14.99
Now: lot of $3.99, $4.99, $6.49, $5.49. In fact, I don't see any books in the Top 100 Best Sellers over $9.99.
For example, Ebook best-sellers from the week ending 12/9
http://www.digitalbookworld.com/201...-lowest-levels-ever-with-holiday-discounting/
1 (3) The Book Thief Markus Zusak Penguin Random House $ 2.49 +2
2 (1) Sycamore Row John Grisham Penguin Random House $ 3.29 -1
3 (16) The Goldfinch Donna Tartt Hachette $ 1.79 +13
4 (2) Divergent (Divergent Series) Veronica Roth HarperCollins $ 3.99 -2
5 (4) Allegiant Veronica Roth HarperCollins $ 3.49 -1
6 (5) Takedown Twenty: A Stephanie Plum Novel Janet Evanovich Penguin Random House $ 6.49 -1
7 (7) Insurgent (Divergent Series) Veronica Roth HarperCollins $ 6.99 –
8 (n/a) The Gods of Guilt (Lincoln Lawyer) Michael Connelly Hachette $ 7.50 New
9 (8) Mockingjay (The Hunger Games Book: #3) : Suzanne Collins Scholastic $ 6.99 -1
10 (6) Cross My Heart (Alex Cross) James Patterson Hachette $ 7.49 -4
11 (n/a) The Widow File S.G. Redling Amazon $ 4.99 New
12 (n/a) Command Authority (A Jack Ryan Novel) Tom Clancy; Mark Greaney Penguin Random House $ 7.50 New
13 (9) King and Maxwell (King & Maxwell) David Baldacci Hachette $ 7.50 -4
14 (12) The Longest Ride Nicholas Sparks Hachette $ 3.29 -2
15 (11) The Husband’s Secret Liane Moriarty Penguin Random House $ 5.99 -4
16 (20) Gone Girl: A Novel Gillian Flynn Penguin Random House $ 3.29 +4
17 (n/a) Timebound Rysa Walker Amazon $ 4.99 New
18 (19) Killing Jesus: A History Bill O’Reilly; Martin Dugard Macmillan $ 3.29 +1
19 (13) The Fault in Our Stars John Green Penguin Random House $ 2.99 -6
20 (18) Doctor Sleep: A Novel (The Shining) Stephen King Simon & Schuster $ 7.49 -2
21 (10) Catching Fire (The Second Book of the Hunger Games) Suzanne Collins Scholastic $ 6.34 -11
22 (21) Dust (A Scarpetta Novel) Patricia Cornwell Penguin Random House $ 7.49 -1
23 (14) Ender’s Game: 1 (The Ender Quintet) Orson Scott Card Macmillan $ 1.99 -9
24 (n/a) George R. R. Martin’s A Game of Thrones 5-Book Boxed Set (Song of Ice and Fire Series): A Game of Thrones, A Clash of Kings, A Storm of Swords, A Feast for Crows, and A Dance with Dragons George R.R. Martin Penguin Random House $ 9.99 New
25 (n/a) Inferno: A Novel (Robert Langdon) Dan Brown Penguin Random House $ 3.99 New
The DOJ lawsuit and settlement that allowed retailers to offer discount has significantly lower the price of best selling ebooks.
Before: NO DISCOUNT
Now: Ebook Retailers can offer discounts.
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Changing to agency model did change that, retailers were not allowed to change the publisher price
WSJ op-ed viciously attacked Bromwich and Judge Cote
Somebody may have already posted this but the Wall Street Journal made a stunning attack on Bromwich and Judge Cote for their wide ranging, borderline unconstitutional probing of Apple.
http://online.wsj.com/news/articles/SB10001424052702304355104579236261045331876
Somebody may have already posted this but the Wall Street Journal made a stunning attack on Bromwich and Judge Cote for their wide ranging, borderline unconstitutional probing of Apple.
http://online.wsj.com/news/articles/SB10001424052702304355104579236261045331876
I think he's only claiming to be worth 70k weekly. The legal team he hired and he's paying less than he pays himself for his lack of expertise in his job is the other 70k.
Which makes me wonder - does he have written approval to hire that legal team? Because he is supposed to have approval - and the government loves written approval - from the government before hiring any help in his job.
And according to the WSJ article jlgnyc11 posted, he's been instructing interviewees to not have lawyers present, which frankly flies counter to the judgement linked to in post 39, specifically part VI:G:1.
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Even if the punishment doesn't fit the crime? As in, the monitor abusing his mandate per the ruling?
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There is evidence of Apple complaining about the ruling itself, in the form of their pending appeal.
Yeah, but that's a given in this day and age. No matter how a case turns out, it will be appealed by someone somewhere.
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Even when being punished for a crime, there's a very specific formula for what rights are removed.
Furthermore, if there is any significant truth to the WSJ story posted, this monitor has already violated - or attempted to violate - a very important right granted by the JUDGEMENT itself. Namely, that any interview he conducts can have a lawyer present IF the interviewee desires it, by stating he wants to talk to one or more employees without lawyers present.
The ruling, and the suit, was a fiasco
Here's a good account in Bloomberg:
http://www.businessweek.com/article...ook-sales-hurt-by-amazons-lower-e-book-prices
The Barnes and Noble Nook certainly had its fans, and what it experienced in the previous few years was that the iron grip of Amazon on e-books was relaxing, and here's why: the publishers had some voice in setting the price. As they have done for 100 years or so. Yes, part of the antitrust law saw this as price-fixing. Maybe it was. But the way Amazon and its moneymen backers is, they engage in what you used to call "predatory pricing." That is, they sell below cost, just to capture the whole market. This is what the old monopolists did. So, by perhaps upholding one area of anti-monopoly law, they forgot about the fundamental reason the laws against monopoly were passed: you cannot sell below cost to destroy the enemy, because what happens again and again is that once the competitors are gone, the high prices begin. Sure, it seems that digital books will overwhelm paper, for the most part, because of the cheapness of "printing" an unlimited number of copies on demand to every customer. You start with one copy, and your total overhead remains one copy. And maybe the Nook wasn't so hot, I don't know. But Amazon has an overwhelming slice of the e-book market, in part because it gives the product away to become a monopoly.
Here's a good account in Bloomberg:
http://www.businessweek.com/article...ook-sales-hurt-by-amazons-lower-e-book-prices
The Barnes and Noble Nook certainly had its fans, and what it experienced in the previous few years was that the iron grip of Amazon on e-books was relaxing, and here's why: the publishers had some voice in setting the price. As they have done for 100 years or so. Yes, part of the antitrust law saw this as price-fixing. Maybe it was. But the way Amazon and its moneymen backers is, they engage in what you used to call "predatory pricing." That is, they sell below cost, just to capture the whole market. This is what the old monopolists did. So, by perhaps upholding one area of anti-monopoly law, they forgot about the fundamental reason the laws against monopoly were passed: you cannot sell below cost to destroy the enemy, because what happens again and again is that once the competitors are gone, the high prices begin. Sure, it seems that digital books will overwhelm paper, for the most part, because of the cheapness of "printing" an unlimited number of copies on demand to every customer. You start with one copy, and your total overhead remains one copy. And maybe the Nook wasn't so hot, I don't know. But Amazon has an overwhelming slice of the e-book market, in part because it gives the product away to become a monopoly.
This is false, Amazon ebook division is profitable, they sell below cost just some books.