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The difference is in Germany, and other countries, it is the law of the land. In the US, the practice violates the law of the land.
The question is not whether it is a valid way to price books. The question is how did they reach the decision to price books and did that process violate the law in the US?
The answer is the Publishers and Apple violated the law in the US. People have been arguing that from day one and it sure looks like DOJ has the ability to make a solid legal case against Apple and the Publishers.
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