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Originally Posted by leebase
The Most Favored Nation clause means that no matter WHAT the publishers and Amazon do - Apple can offer the same prices. Steve Jobs didn't NEED to know anything about what was going to happen with Amazon to make his statement.
The publishers did not need Amazon to go with the Agency model. They would have withheld the ebooks, "windowing" them -- just as they do with the paperback versions.
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They debated for a long time in the trial over a piece of evidence where Steve Jobs wrote a draft email that stated:
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"I can live with this as long as they move Amazon to the agent model too for new releases for the first year. If not, I'm not sure we can be competitive..."
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Apple was arguing that Steve was confused and Eddie Cue would have corrected him if he had actually sent the email. They also argue that he fixed it in a later revision (that was dated earlier). My point was that the Walt Mossberg video clearly shows Steve Jobs telling Walt that the publishers will be forcing Amazon to the the agency model and this was before the publishers actually met with Amazon. I don't know why the DoJ didn't try to present it as evidence or bring Walt Mossberg into to testify.