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What does Apple stand to gain, at this point, even if they were to win the suit (many months hence)? Facts on the ground have changed quite a bit. They have already had to adapt to non-agency pricing of ebooks, and will have to continue with that for the next couple of years at least. They are not going to get their nice, tidy one-size-fits-all (apps, music, video ebooks etc) business model back. They tried, and they have manifestly failed.
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