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> I concur that the "1 infringing download = 1 lost sale" is likely incorrect.
> But that hardly proves that "1 infringing download = 0 lost sales."
No, it could in fact be the opposite. 1 infringing download shared among friends may in fact result in additional sales!
> With at least some ereading platforms, it's pretty clear you're dealing
> with some type of licensing situation. Read the EULAs one of these days.
Where is this EULA? In some faq someplace? It is typically not on the main website that they call a "Store". The Sony Store, the Kindle Store, the Kobos Bookstore, etc. Where do they claim in any add or in any place that they are not a "Store" where you buy things to take home and own and instead are a "Rental Agency". I think almost any jury would rule that what we have now amounts to deceptive practices if they do intend to only "license the book".
> Nor is there currently any evidence of price-fixing. It is not illegal for a
> single publisher to fix a price at a retail outlet -- as evidenced by things
> like the Apple App Store, Google Android Market, Smashwords, Amazon
> CreateSpace, all of which allow the developers / publishers to set prices.
What else can you call Amazon being forced to raise it prices via the collusion of multiple publishers getting into a group and agreeing to agency pricing and then pushing it. Yes, a single company can set minimum advertised prices, but I do not think an group that represents most of the major publishers in the industry can do the same.
> Nor is there a single shred of evidence that the publishers collaborated in
> secret to set book prices with the intent of squashing smaller competitors.
> Rather, multiple retailers -- including Google and Apple -- freely
> initiated, offered and accepted publisher pricing controls.[/QUOTE]
Price fixing need not be just restraint of trade or unfair competitive practice to still be price fixing, especially when done by most of the major publishers at the same time operating as a group which is what we saw happen and it forced Amazon to change raise its prices and therefore hurt consumers. Seems like a case to me.
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