Quote:
Originally Posted by pwalker8
Or hope the guy who guts your business model doesn't write the brief for the prosecutor and isn't as good at judge shopping as Amazon.
The publishers eventually got their way because there is absolutely nothing illegal about agency pricing. Once Amazon got Apple out of the way and the Kindle store was firmly established, they really didn't care about agency pricing. Yes, they did try to play hardball with the first publisher whose contract came up, but they got a lot of bad press by their bullying tactics and Cote wouldn't ride to their rescue a second time, so why bother? The publishers got what they wanted and Amazon got what they wanted (a deep pocketed competitor shuffled off to the sideline). That is why you don't get all eBooks dirt cheap, not because Apple and the publishers = bad.
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As has been pointed out by other posters, agency pricing was not the issue. Conspiracy theories about judge shopping and misrepresenting a well written professional complaint as "writing the brief for the prosecutor" are neither helpful nor accurate. The breaches of anti-trust law by the Publishers and Apple were flagrant and the decision totally unremarkable. The Publishers eventually got their way because the benefits to Amazon in letting them were just too great.