They are pounding the table.
Quote:
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There's an old legal aphorism that goes, "If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table."
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http://en.wiktionary.org/wiki/pound_the_table
Since the facts clearly show Apple coordinated with the publishers to fix prices (as well as tying access to the appstore to support for iBooks, an antitrust violation all by itself) the Apple-legists can't pound the facts and since the judge already addressed their legal lines of appeal in the ruling, they can't pound the law.
All that remains is to make meaningless noise.
(And, in the process convince the judge that they are unrepentant and only a structural remedy will prevent a repeat conspiracy.)
I approve.