Quote:
Originally Posted by Hitch
HI:
I really, really don't want in the middle of this, because it's just a quagmire, particularly here on MR. However, aside from the pro- and con-Apple arguments, simply making an assertion in a filing isn't the same thing as committing perjury. (I say this based upon spending some professional time in courtrooms.) Apple is saying this as part of their case. This is not a submission backed up by dispositive evidence. It's simply part of the position, nothing more.
Moreover, how can they know? To know what percentage of the ebook market they "own," they would have to know the sales of every other ebook seller. Without them having the sales from every other ebook retailer, it's simply an assertion that's being made as part of their position.
I'll leave the fight to you guys, but I simply wanted to say, a) the 20% figure seems highly unlikely to me, given my own experience, for whatever that is worth, and b) in response to this post, something said in a position statement made to the court is not the same thing as providing documented evidence to the court. If the judge (somehow magically) were to find out that Apple had 5% of the eBook market, it would not be perjurious, particularly as Apple would be making these statements "to the best of its knowledge and belief."
You see the logic problem, right? Apple cannot know how much of the eBook market it really commands; it can only be making educated guesses in any event.
Hitch
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Yep. Thanks Hitch for explaining that.