07-28-2019, 07:23 PM | #46 |
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He's actually correct that folks can just whistle up an anti-trust case, as you put it. The current case of Apple Inc. v. Pepper is an anti-trust case with no government involvement.
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07-28-2019, 11:01 PM | #47 | |||
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http://socialsciences.exeter.ac.uk/l...nlawcountries/ The US appellate system and the treatment of dissents in the US is not materially different from most or perhaps even all common law countries. The doctrine of precedent retains its central role in the US. Minority judgements have their role, but they do not represent the law. The DC circuit court decision you refer to is IN RE: GRAND JURY INVESTIGATION which can be downloaded as a pdf HERE. The only mention of Scalia is here, where Morrison is referred to with the usual syntax naming the majority judges and that Scalia dissented. This is simply the syntax adopted. The reference simply says that Scalia dissented. It does not give any details of the dissent. It does not even tell us whether his dissent related to the particular point. I'm too lazy to look it up, but Scalia may well have agreed on this aspect of the case, and his dissent was on some other point or points. But, if he did dissent on this point, which I expect may be the case, the Court followed the majority decision Here are some relevant extracts: From first paragraph on Page 8: Quote:
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07-29-2019, 09:23 AM | #48 | |
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"the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law." The US is for the most part a statutory law country, i.e. the law is defined by the legislature, not a common law, i.e. the law is defined by custom and judicial precedent. Judges may decide what a statute means and how to apply it, but in general they don't make it up whole cloth (there are exceptions). There are some aspects of US law which is common law (tort law as an example), and yes US judges do looks at precedents to decide what a law means. However, it is also common for the legislature to clarify the law when a judge interprets the law in a, shall we say, unexpected manner. |
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07-29-2019, 11:16 AM | #49 |
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One of the things that the publishers may be ignoring is the fact that library ebook usage is larger now because of the increase in baby boomers who are retiring. They have endless patience because of a lifetime of practice after raising kids. This change isn't going to drive them to the ebookstore given that their funds are reduced. I know quite a few people older than me that have stopped buying books and gone to the library instead because the cost of living for a retired person is pretty high.
Last edited by Tarana; 07-29-2019 at 12:30 PM. |
07-29-2019, 12:19 PM | #50 | |
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To those folks, waiting three to four months is an easy trade off against $13. Especially when BAEN ebooks run $5, indie SF ebooks run $3-5, and Kindle Unlimited or Scribd run $10 a month. One read vs 3-10? Hmmm... (Or pay for a month of Netflix or Hulu or Prime. Better TV options also depress book buying.) There is more to the decision than just library pricing. Squeezing libraries into not stocking their ebooks won't suddenly make people spend money they don't have or have better uses for. You can't eat your cake and have it too; you either go high price/low volume or low price/high volume. At a time when video, gaming, and ebook subscriptions are drastically dropping the cost of enter (typically around $10) fighting for high prices while complaining of reduced volumes is ignoring reality. If you want high prices, accept the consequences. |
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07-29-2019, 01:16 PM | #51 | |
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Seems as though this may work for smaller libraries initially: they could band together and some libraries could buy the $30 license and allow other libraries to borrow them? |
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07-29-2019, 01:52 PM | #52 | |
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Given the success of ebooks at the "new book" price of $14.99....hasn't brought about the collapse of the Big 5 that some folks here thought would happen. I too used to be a non-book buyer, but very much a book consumer. As a kid, all the books I read came from the library or used books. Occassionally I would be able to buy a paperback....never ever did I buy a "new book" priced hard back. But just because I didn't....there were many millions of such books sold. All the while, even back then, folks had options to read much cheaper options than the new release price. Amazon wanted to set the new book price at $9.99. Well, of COURSE that was a popular idea for most anyone except the publishers. After the shakeout...the publishers have set the new book price at $14.99 for the ebook version and $17.99 (or thereabouts) for the hard back. It's still cheaper than the original "new book window" price. This notion that nobody is going to pay $14.99 when they used to pay $20-$25 is silly. As it relates to libraries...the new difficulty for the publishers is that it's now "frictionless" to borrow an ebook. So frictionless that people who BEFORE would buy a book now borrow it from the library. This is in addition to all the library using folks who were never paying the new book price. Just as the publishers weren't going to let Amazon devalue the new book price, they aren't going to allow libraries to set the value to zero. Libraries will adjust. |
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07-29-2019, 02:13 PM | #53 | |
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07-29-2019, 04:39 PM | #54 | |
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Also they've managed to create more independent competition and, what is probably more frightening to the big publishers, big authors are now starting to leave their fold. See the thread about Koontz (and others) moving to Amazon Publishing. Again, the big publishers could have kept both high sales and high profit margins (and kept their established authors). But they allowed to Apple lure them with dreams of higher levels of net profit. And now one of the costs is that more and more people are borrowing new releases (instead of buying them). Gee, nobody could see that coming. Well, at least no one not short-circuited by greed. |
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07-29-2019, 04:39 PM | #55 | |
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It's not exactly high praise that they're not dead yet. They're not exactly prospering, either. As for the libraries they should say no. Save the money going to MacMillan for other publishers or services. There is no law saying MacMillan has to sell anything to libraries nor are libraries required to carry their books at all. If they (either side) feel so abused, just walk away. Making a big noise just to cave in at the end is demeaning. Last edited by fjtorres; 07-29-2019 at 04:42 PM. |
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07-29-2019, 07:02 PM | #56 | |
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07-29-2019, 07:20 PM | #57 |
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07-29-2019, 08:21 PM | #58 |
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I'm all for windowing if it lessens the financial burdens on libraries. I'm reading books from years ago so if a book isn't available at a library for 3 months or so then that's fine with me.
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07-29-2019, 08:47 PM | #59 | |
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07-29-2019, 10:13 PM | #60 |
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Raise the price? It was Amazon that artificially lowered the price below wholesale. All book sellers put books on sale to bring in traffic. Amazon put the entire NYT's best seller list on permanent below wholesale sale. It was SUCH a deal that it was worth paying $400 for the Kindle reading devices.
The publishers SHOULD have launched a lawsuit. As such, Amazon's actions have merely gone without judgement. |
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