06-11-2013, 05:01 AM | #1 |
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Apple faces off with DOJ in e books trial
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Last edited by pdurrant; 06-11-2013 at 05:15 AM. Reason: embedded video clip |
06-11-2013, 01:01 PM | #2 |
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Thanks. I will be very, very, VERY surprised if Apple doesn't get their #$%#$ handed to them by the judge. K for you.
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06-21-2013, 12:13 PM | #3 |
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Have I missed something? Haven't been on the board in awhile, but with the trial ending, I thought I'd come listen to the exact same opinions everybody had before the trial
Only I don't see any such discussion? My bet -- Apple wins. Apple didn't have to deny a conspiracy, only that they were not part of any such. Agency pricing and Most Favored Nation status are legal ways of doing business...and Apple has shown that they were pursuing their own good business with their actions. Meanwhile the Government's "smoking gun" was an email that was NEVER SENT -- lol! I know...nothing about this trial is going to change anyone's opinion. Well, perhaps we can all do away with the "Amazon wasn't selling books below cost" garbage, because the trial has showed they were. I think the government could have had a more successful case going after Amazon for predatory pricing. |
06-21-2013, 12:38 PM | #4 |
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Amazon wasn't selling most books below cost. Just some. Most businesses regularly have "loss leaders" to entice customers to their stores. It is a common and completely legal retail practice. Amazon'e ebook store wasn't even close to operating at a loss.
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06-21-2013, 12:54 PM | #5 | |
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06-21-2013, 12:55 PM | #6 | |
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You can't argue that Amazon didn't sell many books bellow cost and "Agency pricing is harming consumers" in the same breath. Either "not many" books' pricing were affected -- or lots of them were. A million "back list" titles and indie titles don't amount to a hill of beans compared to the 100 Top Selling jus released books. |
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06-21-2013, 01:00 PM | #7 | |
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What we do know is that the entire NYT Bestseller's list was sold at $9.99 and that's below the wholesale cost. We know that the publishers were upset due to the ability of Amazon to erode the sales of the hard back books that go for $26 -- and setting $9.99 as the price consumers would expect a new release popular book to go for. We also know that the publishers couldn't do much about it as Amazon controlled the lions share of both physical and ebook sales. We were given a demonstration when Amazon ceased sales of ALL McMillan books over disagreements about ebook pricing (even though Amazon changed their mind and signed the Agency model). |
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06-21-2013, 01:17 PM | #8 | ||
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06-21-2013, 04:45 PM | #9 |
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From what I've heard, I don't think that the Gov't has proven it's case. First, the big news was that B&N was talking to the publishers about agency pricing well before Apple entered into negotiations. It's something that the book publishers had been pushing for a number of years. Second, at the time, Amazon had something like 90% or more of the ebook market at the time. According to testimony, after opening up the iTunes ebooks story, Apple has had a fairly steady 20% of the ebook market, this includes a year of Apple not enforcing it's most favored nation clause, which kind of blows the Gov't case out of the water.
The only real issue that I see is the fact that the judge said before the trial started that she thought that the Gov't had a good chance of winning. Of course, if Apple loses, that's pretty much prima facie evidence that Apple will have a pretty good shot at appealing on judicial prejudice. We should find out somewhere between now and 3 months for now. |
06-23-2013, 03:38 PM | #10 |
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From the way things are going it seems as though Apple are going to get away with this
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06-23-2013, 05:07 PM | #11 | |
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Also, while they sold many "Bestsellers" at $9.99 (& not all $9.99 bestsellers meant a loss) there were plenty of times that they were charging more than that (there was always lots of complaining about it back then from the $9.99 or less or no sale folks). |
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06-23-2013, 05:17 PM | #12 | ||
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Incidentally, the 20% hasn't been steady. This is a myth based on a slide presented at Steve Jobs' keynote at WWDC 2010: http://www.the-digital-reader.com/20.../#.UcdkQyinbD0 Jobs reported that to date at that time ebook sales via iBooks accounted for 22% of the ebook sales of 5 of the big 6 publishers. However, as he said that, a slide flashed up behind him which said "22% share of total ebook sales". That got picked up and requoted as 22% of the ebook market share. It seems more likely that back then iBooks had about 8 to 10% of the market, and we're being told now that this has grown to 20%. Graham Last edited by Graham; 06-23-2013 at 05:21 PM. |
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06-23-2013, 11:15 PM | #13 |
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Now that's real fair play - if Apple lose then that's justice but if they win then "They got away with it." Funny, that's what I thought the court case was about... you know the "innocent/guilty thing" but I guess that gets over-ruled, as usual, by the prejudices of the commentator - all normal then...
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06-24-2013, 03:08 AM | #14 |
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06-24-2013, 03:16 AM | #15 |
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It was only books on the NYT Bestsellers' list that were sold for $9.99, if memory serves me correctly.
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