Apple faces off with DOJ in e books trial

[AnemicOak]

Originally Posted by HarryT

It was only books on the NYT Bestsellers' list that were sold for $9.99, if memory serves me correctly.

Yes, but not all of them, some were as high as $14.xx. There were also some former NYT bestsellers (no longer on the list) being sold for $9.99

[pl001]

Originally Posted by HarryT

Whereas you decided in advance that they were guilty and so don't see the need for the inconvenience of a trial? Ever heard the expression "innocent until proven guilty"?

Well since all of the alleged co-conspiritors took plea bargins it's a pretty safe assumption that Apple is not completely innocent.

[elcreative]

Originally Posted by pl001

Well since all of the alleged co-conspiritors took plea bargins it's a pretty safe assumption that Apple is not completely innocent.

Not necessarily so... plea bargains can be cheaper and less intrusive than fighting a case whether innocent or not...

[afv011]

Originally Posted by elcreative

Not necessarily so... plea bargains can be cheaper and less intrusive than fighting a case whether innocent or not...

That's the approach many patent troll companies have followed. Sue for an amount that is significantly smaller than the costs of going to court, and see your accused parties choosing the easy way out rather than a lengthy and costly court battle, even when they're not in the wrong.

[pwalker8]

Originally Posted by elcreative

Not necessarily so... plea bargains can be cheaper and less intrusive than fighting a case whether innocent or not...

Yep, in an interview, one of the publishers said that the reason they decided to plea bargain is that if they had lost, it could have cost them more than the company is worth. Financially, it was a no brainier for the book companies. Apple has more resources to fight this sort of thing and has the resources to absorb the penalty if they happen to lose.

[John F]

Originally Posted by pwalker8

Yep, in an interview, one of the publishers said that the reason they decided to plea bargain is that if they had lost, it could have cost them more than the company is worth. Financially, it was a no brainier for the book companies. Apple has more resources to fight this sort of thing and has the resources to absorb the penalty if they happen to lose.

That sounds like a lot of PR BS.

The penalties aren't going to be that large, so that leaves lawyer/defense costs; The costs may be expensive, but "more than the company is worth."

[Graham]

Originally Posted by pwalker8

Yep, in an interview, one of the publishers said that the reason they decided to plea bargain is that if they had lost, it could have cost them more than the company is worth.

Because they were really likely to say instead that they decided to plea bargain because they were guilty as charged.

Graham

[JoeD]

Originally Posted by John F

That sounds like a lot of PR BS.

The penalties aren't going to be that large, so that leaves lawyer/defense costs; The costs may be expensive, but "more than the company is worth."

Isn't it possible to receive a fine of up to 10% of your global revenue? That's revenue not profit, in which case it isn't much of a stretch to imagine that crippling many companies with high expenses/low profit margins.

It's "up to", so the actual fine may be much lower, but they clearly were not willing to take the risk.

[John F]

Originally Posted by JoeD

Isn't it possible to receive a fine of up to 10% of your global revenue? That's revenue not profit, in which case it isn't much of a stretch to imagine that crippling many companies with high expenses/low profit margins.

It's "up to", so the actual fine may be much lower, but they clearly were not willing to take the risk.

Possible, sure. Will it meaningfully hurt the company, no.

It isn't the DOJ's/government's mission to drive companies out of business. A penalty is going to be commensurate with the offense and the companies ability to pay. Especially if the company was innocent to start with.

IMO and very ignorant understanding of the judicial system.