Quote:
Originally Posted by stonetools
Or not. We don't know whether the MFN clause applies to "other retailers" or to "other retailers, including the publisher." We just don't know.
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We do know. Amazon's
KDP pricing requirements say:
Quote:
You must set your Digital Book's List Price (and change it from time-to-time if necessary) so that it is no higher than the list price in any sales channel for any digital or physical edition of the Digital Book.
But if you choose the 70% Royalty Option, you must further set and adjust your List Price so that it is at least 20% below the list price in any sales channel for any physical edition of the Digital Book.
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(Emphasis added.)
They don't care about whether the other sales channel is a publisher-direct or another retailer.
Removing the MFN clause from Apple and the Agency 5, but leaving it in Amazon (which they can't do anything about because Amazon's not part of the lawsuit), is going to be harsh. I don't expect a ruling to state that all MFN clauses are now illegal, or illegal for ebooks, so I don't see this getting fixed.