Quote:
Originally Posted by PatNY
Sigh ... in the American justice system, the judge or jury is the finder of FACT.
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*picks mic back up*
Indeed. This is also why media outlets, when reporting on some person who is on trial, always refer to him as "the
alleged criminal" rather than just "the criminal" even if he was caught red-handed. In our justice system, an entity (person or corporation) is considered innocent until
proven guilty. By the same token, once that entity
is proven guilty, it is
considered guilty as a matter of
fact.
Quote:
Originally Posted by PatNY
And in this case, Cote found this FACT: Apple acted as ringleader and organizer of an illegal horizontal price fixing conspiracy. That, by the way, was Apple's evil deed. They were not dragged into court for simply "agreeing to allow the publishers to set prices" which completely misses the whole point of the case.
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ADS is a great multi-purpose acronym. It can stand for "Amazon Derangement Syndrome" just as easily as it can stand for "Apple Demagogue Syndrome."
A dissent is nice in terms of providing ammunition down the road for someone trying to defend a similar case and hope for a different outcome, but it doesn't have the weight of legally-established fact behind it. Not that I'm a lawyer or anything, but I read a lot.
*drops mic again*