Originally Posted by ApK
The Agency system is not at issue. Price fixing is.
Amazon's actions actions are not at issue, Apple's are.
Gee, how wise of him to focus the trial on the parties involved in the suit.
Is "well, someone else may have thought about this before" a valid defense now?
In related news, in the murder trial of John Smith, the defense has brought evidence that a childhood friend of Smith's once got angry at a waiter, and sent his steak back at a Outback Steak House. In spite of this revelation, the judge has said neither government of Australia, nor the steak will be the focus of the trial.
It is always useful to throw up a straw-man in order to distract from your problems.
"Well, yes there are 4 witnesses that say Joe raped the alleged drunk victim in the back alley when the victim was staggering home, but it should be noted that many men bought the victim alcohol and many others made sexual commentary about the victim and in particular a priest, an out of work school bus drive and an off duty cop gave the victim really lascivious looks."
"Why are you only picking on my poor client?"