[fjtorres]

The irony is that under wholesale, when Amazon discounted an ebook, the discount came out of Amazon's pocket only and both the publisher and author made the same amount per unit regardless of what the consumer paid.

Post-conspiracy, when Apple discounts and Amazon price matches, everybody is chipping in to cover the discount. So the amount per unit the publisher and author get depends on Apple's willingness to discount. That is what Sargent is warning his authors about.

Apple can discount like crazy (to take market share from Nook and Kobo) and still make a profit; Amazon matches (protecting its market share) and makes a profit, and the publisher (and their authors) have no say so, agency or no agency.

(Betcha wholesale doesn't look so bad anymore, does it, Mr Sargent?)

Not quite the outcome the conspirators wanted but one that the Judge probably approves of.