Quote:
Originally Posted by Sil_liS
The issue isn't that Apple offered each publisher the same contract, it is that they discussed the terms that the publishers will offer other retailers.
Amazon did cross the line into illegal by sending ultimatums to POD (print on demand) publishers to use their service, but they settled.
You can't say that it is a legal opinion if it is an anonymous comment. And you have been asked before to clarify how often she was overturned. I imagine that most judges will have been overturned a number of times if their career has been long enough. |
Most of the legal analysis of the case that are of interest are not anonymous comments. There are actually quite a few lawyers who have blogs. I think that it's a combination of many lawyers being naturally talkative and it's good advertisement for them.
It's perfectly ok for Apple to discuss with publishers what terms the publishers will offer other retailers, the doctrine is called a most favored nation clause. This is why a lot of anti-trust lawyers (and companies) are worried about Judge Cote's ruling. If upheld it will cause a lot of existing contracts to be called into question. I suspect that it will be one of the most likely lines of appeal for Apple.