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#31 | |
Ex-Helpdesk Junkie
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#32 | |
eReader Wrangler
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#33 | |
Wizard
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#34 |
Ex-Helpdesk Junkie
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#35 | |
eReader Wrangler
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#36 |
eReader Wrangler
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#37 |
Grand Sorcerer
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I have been very consistent in saying that one never knows how a judge is going to rule. If you actually go back and read what I said, you will see that. I do think that the case is a no brainer, but that doesn't mean that some judge won't rule differently based on a number of different reasons.
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#38 | |
Grand Sorcerer
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YES! Market condition is at the heart of any anti-trust case. It's one of the reasons that I have said that this case turns anti-trust on it's ear. Anti-trust is at it's heart about improving competition, not protecting a monopoly. Fairly obviously, the fact that the appeals judges seem to be focused on this in their comments point to this. The government's case was built on ignoring that they were protecting Amazon's monopoly by going after a new entry into the market. Judge Cote bought into that idea, but that doesn't make it correct. |
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#39 | |
eReader Wrangler
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The truth is Apple -- by colluding with the Publishers -- wanted to corner the eBook market for itself. That's plainly seen in the emails and in Jobs' statements before the release of the iPad. This after-the-fact revisionism (after Apple and the Publishers were caught with their hands in the cookie jar) is just pure BS justification for them breaking the law. Only if the judges are dishonest and inclined to favor Apple no matter where the facts lead does this appeal have a snowball's chance in hell of succeeding. |
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#40 | |
Wizard
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Edit: unfair to the consumers - not directly unfair for the monopolist. Last edited by DuckieTigger; 12-17-2014 at 06:06 AM. |
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#41 |
Wizard
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![]() "If there has been a per se violation of antitrust laws one must consider if the conspirators were acting to prevent a market leader from increasing their market share and potentially, hypothetically sometime in the future performing their own per se violation of antitrust laws. If that was potentially the case then the rule of reason needs to be used to consider if there was a consumer benefit of the original per se violation." ![]() ![]() Maybe Apple will win the appeal and then appeal the ruling. ![]() |
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#42 | |
Ex-Helpdesk Junkie
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I suggest you reread my statement, you might learn something. Or at least answer the points I made. To wit: Whether Amazon had an illegal monopoly is inconsequential -- Apple is still not permitted to take the law into their own hands. |
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#43 | |
Zealot
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You don't stop something you think is illegal by doing something else which is illegal. You report (file a complaint) the activity to the authorities. As the saying goes, two wrongs don't make a right. |
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#44 | |
Grand Sorcerer
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#45 |
Fanatic
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Is the 450 million that Apple would have to pay subject to tripling?
My personal thought based on nothing but gut feelings is that the questioning wasn't bluster, and that appellate court winds finds fault with the original ruling somehow. Maybe not throwing it out entirely, but not allowing it to stand as is. These cases are never solved nice, neatly, and cleanly. |
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