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#16 | |
Wizard
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#17 |
Guru
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I have no clue about law, but aren't there criteria what to appy - per se or reason? And even if reason should have been applied, there is no way now to know if this would have resulted in apple not being proofed guilty. You know, just because reason should be applied doesn't mean what apple did was actually in reason.
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#18 | |
Grand Sorcerer
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She said her ruling was based on the facts and that that alone proved them guilty. Then she did an aside and said that if one applied the "reason" approach...they would still be found guilty and explained it. At the appeals court, one judge said that only per se applied and rule of reason was inapplicable; the second judge said Cote was right to consider rule of reason (and agreed with her full ruling) and the third judge "reasoned" a path to effectively saying antitrust doesn't apply, facts be damned. At this point Apple's appeal is more about showmanship than law. But it might backfire. The Court might take the case to reverse itself and make price maintenance illegal once more, having seen how it has been used to stiffle horizontal competition. Some sleeping dogs should not be nudged. |
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#19 |
The Dank Side of the Moon
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but....
FACT: Apple once had more operating cash in the bank than the U.S. Treasury. In June of 2011, the U.S. government had an operating cash balance of $73.8 billion, while Apple boasted a whopping $76.2 billion..... He who controls the gold...controls... |
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#20 | |
Grand Sorcerer
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#21 |
Grand Sorcerer
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My guess is no.
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#22 |
Grand Sorcerer
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#23 |
Grand Sorcerer
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I've already said that the Supreme Court is the final arbitrator of the law. Said that in this forum over a year ago. If the Supreme Court overturns, will you finally admit that Apple did not break the law?
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#24 |
Grand Sorcerer
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I would hope not, given how long it will take for the case to be heard and a decision announced, assuming that Apple does indeed appeal. Of course, I rather doubt that you would be willing to admit that what Apple did was perfectly legal if the courts decide that way.
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#25 | |
Guru
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#26 |
Grand Sorcerer
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#27 | |
Resident Curmudgeon
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#28 |
Resident Curmudgeon
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If the Supreme Court overturns, it just means that some of the Justices are corrupt. We know some are. Look at the ones who voted that corporations are people too. Those are the ones we have to get rid of.
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#29 | |
Ex-Helpdesk Junkie
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(Obviously, in the parallel universe Apple didn't break the law. But I wouldn't bother admitting it when I could instead use that time to research multiverse theory in the hope of traveling back. And anyway, I couldn't admit it to you, only to an alternate copy of you.) Last edited by eschwartz; 09-22-2015 at 01:29 AM. |
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#30 |
Grand Sorcerer
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Pretty much like I thought, but at least some of you will admit that you have an opinion unsullied by the actual legalities.
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