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pwalker8 · 07-05-2015, 06:23 PM

Ok, just to make things clear here is an example -

I say to a group of friends, "let's go out and get some beer". Is that conspiracy?

Answer, it depends. If my friends and I are under the legal age to buy beer, then yes it is. On the other hand, if we are all over 21 (in the US), then it's not. It depends on if the act is legal or not. Suggesting that we go out and get beer is not per se illegal, i.e. it's not illegal regardless of the circumstances.

Apple negotiating with the various publishing firms is not per se illegal. Every large corporation does it all the time. The terms that Apple negotiated, agency pricing model and most favored nation, is not per se illegal either. It would only be illegal if the rule of reason was applied and it was found that the agreement harmed competition. (note, that is competition in general not individual competitors). If Apple had said that you can only sell ebooks to me, then that would have hurt competition. Most favored nation doesn't hurt competition, it simply means that if Amazon was selling an ebook for less money, then the publisher had to lower the price in the iBook store. The publishers using the Apple contract to pressure Amazon into giving them agency pricing may or may not be per se illegal, but that does not imply that Apple is involved in that.

If you sell someone a car that is later used as a get away car, that does not automatically make you an accessory to a crime.

07-05-2015, 06:23 PM	#461
pwalker8 Grand Sorcerer Posts: 7,196 Karma: 70314280 Join Date: Dec 2006 Location: Atlanta, GA Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2	Ok, just to make things clear here is an example - I say to a group of friends, "let's go out and get some beer". Is that conspiracy? Answer, it depends. If my friends and I are under the legal age to buy beer, then yes it is. On the other hand, if we are all over 21 (in the US), then it's not. It depends on if the act is legal or not. Suggesting that we go out and get beer is not per se illegal, i.e. it's not illegal regardless of the circumstances. Apple negotiating with the various publishing firms is not per se illegal. Every large corporation does it all the time. The terms that Apple negotiated, agency pricing model and most favored nation, is not per se illegal either. It would only be illegal if the rule of reason was applied and it was found that the agreement harmed competition. (note, that is competition in general not individual competitors). If Apple had said that you can only sell ebooks to me, then that would have hurt competition. Most favored nation doesn't hurt competition, it simply means that if Amazon was selling an ebook for less money, then the publisher had to lower the price in the iBook store. The publishers using the Apple contract to pressure Amazon into giving them agency pricing may or may not be per se illegal, but that does not imply that Apple is involved in that. If you sell someone a car that is later used as a get away car, that does not automatically make you an accessory to a crime. Last edited by pwalker8; 07-05-2015 at 06:26 PM.