Publisher's Weekly has called out some pundits and resumes. They blame the Publishing Execs for Appe's loss. (Of course!)
http://www.publishersweekly.com/pw/b...book-case.html
They also talk about the odds of a successful appeal:
Quote:
Apple, of course, is likely to appeal. "It's pretty likely in my mind that Apple will appeal to the Second Circuit,” observed Christopher Sagers, a law professor at Cleveland State University who has followed the case closely. “I think it's extremely unlikely, however, that the Second Circuit would do anything except resoundingly affirm in all respects. Apple’s only meaningful hope would be to convince the court that there was a mistake of law in finding the agreement per se illegal, but I put the odds of success on that point at [virtually zero]."
As for the judge’s "fact rulings," they will be “essentially unassailable on appeal,” Sagers says. “In any case it’s very difficult to appeal factual judgments, but in this case it will be exceedingly hard because you’ve got a 160-page opinion that is extraordinarily, meticulously detailed as to the findings of fact.”
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Apple's strategy at this point remains to try to stall, stall, and stall:
Quote:
Sagers says he doubts Apple will negotiate at this stage, and expects a damages trial.
“Apple does not really have much to lose by putting off being stuck with remedies until after an appeal, which should take about a year or so,” he says. Ultimately, any remedies will be court-ordered by the court, and most likely will fall along the lines of earlier settlement, although the DoJ could be more aggressive.
"A big open question," Sagers adds, “is how intrusively DOJ can get up into Apple’s other businesses.”
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Uh, I would suggest the proper phrasing is "how intrusively they *will* get into Apple's other businesses". Which, given that the trial brought out that Apple used their iOS Appstore market power as a weapon to get Random House to do ebook business with them, on *their* terms (and thus join the price fix regime), suggests that *everything* this side of the Mac is in play.
They really should have settled.
BTW, beware the comments section; Laughter-induced injuries lie in there.