|
|
Thread Tools | Search this Thread |
08-15-2014, 10:20 PM | #1 | |
Fantasy Author
Posts: 176
Karma: 1356782
Join Date: Oct 2011
Location: New York City
Device: Nexus Tablet
|
Judge rules that mediation needed in etailers vs the "Price-fixers."
Quote:
|
|
08-17-2014, 02:06 AM | #2 |
Ex-Helpdesk Junkie
Posts: 19,422
Karma: 85397180
Join Date: Nov 2012
Location: The Beaten Path, USA, Roundworld, This Side of Infinity
Device: Kindle Touch fw5.3.7 (Wifi only)
|
Apple may now have a chance to be destroyed over anti-trust issues. This should be even more fun than Microsoft.
I wonder if Apple can dig themselves out of this hole? Antitrust = nasty. |
08-17-2014, 05:17 AM | #3 |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Of course, if you will recall, the Microsoft case ended up with the verdict being overturned on appeal, the judge being rebuked rather harshly for lack of impartiality and a face saving settlement by the justice department rather than a retrial.
|
08-17-2014, 06:18 AM | #4 | ||
Wizard
Posts: 4,742
Karma: 246906703
Join Date: Dec 2011
Location: USA
Device: Oasis 3, Oasis 2, PW3, PW1, KT
|
Quote:
[Page Proof] Brief for Plaintiffs-Appellees United States and Plaintiff-States (August 14, 2014) Quote:
Last edited by DuckieTigger; 08-17-2014 at 06:26 AM. Reason: added quote of conclusion |
||
08-17-2014, 06:57 AM | #5 | |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Quote:
Allowing a case to go to trial while an associated case is in appeal is fairly normal. The appeal might last for years. |
|
08-17-2014, 07:25 AM | #6 | |
Wizard
Posts: 4,742
Karma: 246906703
Join Date: Dec 2011
Location: USA
Device: Oasis 3, Oasis 2, PW3, PW1, KT
|
Quote:
How does that appeal process work? Say if it gets thrown out, can Apple refile the same claim again (e.g. getting rid of the monitor) or do they have to show that mistakes were made in the appeal? |
|
08-17-2014, 11:31 AM | #7 |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
If an appeal gets denied, the Apple has to move up to the next level. That would be either an en banc hearing (usually the first level appeal gets heard by a panel which is a subset of the entire circuit court. I'm not sure if that is the case here, but it's the norm for that to happen. En banc is a hearing by the entire circuit court), or an appeal to the Supreme Court, which can choose to hear it or not. Most of the predictions that I have read think that it will go to the Supreme Court and they will hear it.
Apple can not re-file the same appeal except in some special circumstances. That's one reason that Apple's appeal had so many different points, there is no do over, so they had to hit all the possible reasons to overturn. |
08-17-2014, 11:48 AM | #8 | |
Wizard
Posts: 4,742
Karma: 246906703
Join Date: Dec 2011
Location: USA
Device: Oasis 3, Oasis 2, PW3, PW1, KT
|
Quote:
If you ask me, they will have a harder time to win than Microsoft did. Have been unable to find any information about it though. Do you have a good source as to prediction that the Supreme Court will hear Apple? |
|
08-17-2014, 01:51 PM | #9 | |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Quote:
Here is one link for a recent piece http://www.businessweek.com/articles...ves-up-a-notch Here is a link for a piece that was from prior to Judge Cote's ruling. http://www.washingtonpost.com/busine...e0e_story.html |
|
08-17-2014, 03:50 PM | #10 |
Resident Curmudgeon
Posts: 73,983
Karma: 128903378
Join Date: Nov 2006
Location: Roslindale, Massachusetts
Device: Kobo Libra 2, Kobo Aura H2O, PRS-650, PRS-T1, nook STR, PW3
|
I do think these smaller eBook stores did go out of business because of Apple and the Price Fix Six. These stores had business models that were no longer workable under agency pricing. It changed their way of doing business so much that they had no way to complete against the bigger shops such as B&N and Amazon. When all the prices for the BPH eBooks were the same. It was the way these smaller shop discounted and/or had rebates, coupon codes, sales, cash back credit and whatnot that worked for them. When that was taken away, anything they had that made them different was gone and they just became like everybody else. They had no way to compete against the bigger shops.
I used to shop at BooksOnBoard and Fictionwise before the agency pricing as I liked their business models. They worked. They worked to get me to buy eBooks from them and to save money doing so. |
08-17-2014, 04:09 PM | #11 | |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Quote:
|
|
08-17-2014, 04:13 PM | #12 | ||
Ex-Helpdesk Junkie
Posts: 19,422
Karma: 85397180
Join Date: Nov 2012
Location: The Beaten Path, USA, Roundworld, This Side of Infinity
Device: Kindle Touch fw5.3.7 (Wifi only)
|
Quote:
Quote:
|
||
08-17-2014, 04:20 PM | #13 | |
Resident Curmudgeon
Posts: 73,983
Karma: 128903378
Join Date: Nov 2006
Location: Roslindale, Massachusetts
Device: Kobo Libra 2, Kobo Aura H2O, PRS-650, PRS-T1, nook STR, PW3
|
Quote:
|
|
08-17-2014, 05:09 PM | #14 | |
Grand Sorcerer
Posts: 11,732
Karma: 128354696
Join Date: May 2009
Location: 26 kly from Sgr A*
Device: T100TA,PW2,PRS-T1,KT,FireHD 8.9,K2, PB360,BeBook One,Axim51v,TC1000
|
Quote:
It is no accident that the biggest player pre-agency remained the biggest player under it and lost no share after agency kicked in fully. Apple's share gain came from the epub camp, not Kindle. |
|
08-17-2014, 05:23 PM | #15 | |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Quote:
|
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Help needed with Code to "Download EBooks in any format from Website" | ichbindasauge | Recipes | 2 | 02-27-2012 08:31 PM |
"The Three Laws of Zombiotics" - STORIES, PSEUDO NON-FICTION, POETRY, ETC. NEEDED | Dr. Drib | Writers' Corner | 109 | 04-26-2011 12:41 PM |
Help needed converting PDF of "James Potter and the Hall of Elders' Crossing" | rgodby | Calibre | 6 | 10-17-2009 12:32 AM |
US Election "Rules" | HarryT | Lounge | 37 | 11-11-2008 12:07 PM |