This quote from Judge Debra Ann Livingston appeared on the Passive Voice Blog. It is from the Second Circuit Court of Appeals decision and to me very neatly sums up the whole situation:
Competition is not served by permitting a market entrant to eliminate price competition as a condition of entry, and it is cold comfort to consumers that they gained a new e-book retailer at the expense of passing control over all e-book prices to a cartel of book publishers.
I think most of us could see that the Emperor was in fact naked. However, it has become quite obvious that some remain so deluded even now that they still insist that they saw the fine set of elegant clothing which remain forever beyond the senses of the rest of us course ordinary beings.