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Old 06-30-2015, 02:14 PM   #1
darryl
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Apple Loses E-Books Appeal
The long-awaited decision has finally been handed down. Apple lost.

http://www.thepassivevoice.com/06/20...-e-books-case/
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Old 06-30-2015, 04:36 PM   #2
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Looks like the legal experts were right and the random internet guys wrong.
Who knew?
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Old 06-30-2015, 05:19 PM   #3
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Appeals Court agrees - Apple did indeed conspire to set ebook prices:

http://www.reuters.com/article/2015/...0PA1RS20150630
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Old 06-30-2015, 06:11 PM   #4
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I'm Shocked...Shocked, I tell you...Completely Shocked...
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Old 06-30-2015, 07:20 PM   #5
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Appeals Court agrees - Apple did indeed conspire to set ebook prices:
They disagreed, it being a 2-1 decision.

For what it's worth, the judge who is a Democratic political appointee ruled against Apple, while the two GOP political appointees split.
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Old 06-30-2015, 07:20 PM   #6
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Originally Posted by fjtorres View Post
Looks like the legal experts were right and the random internet guys wrong.
Who knew?
To be fair, some of the random internet guys were correct. It's not like there was a consensus.
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Old 06-30-2015, 07:33 PM   #7
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They disagreed, it being a 2-1 decision.

For what it's worth, the judge who is a Democratic political appointee ruled against Apple, while the two GOP political appointees split.
...Which just goes to show that all of the people implying that it was a political decision were wrong. Because not everything is political.

...and that's all I'm going to say about that so that we don't get kicked downstairs...

Shari
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Old 06-30-2015, 08:41 PM   #8
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They disagreed, it being a 2-1 decision
Much like the Supreme Court disagreed about same sex marriage. So what. Decision has been made and Apple has lost. Time to quit whining.
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Old 06-30-2015, 09:04 PM   #9
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Originally Posted by Barcey View Post
To be fair, some of the random internet guys were correct. It's not like there was a consensus.
The legal guys had a consensus.
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Old 06-30-2015, 09:55 PM   #10
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Much like the Supreme Court disagreed about same sex marriage.
We're still at least two appeals levels from the Supreme Court.

This isn't to predict that Apple will continue appealing. My only prediction is that antitrust law is subject to interpretation and thus unpredictable.

As for as the publishers, whom I care about a lot more than Apple, I'd say that they lost a skirmish when deciding to settle. But, despite getting their hands slapped for conspiring, they won the battle for the right to agency pricing.

Whether winning that battle was worth alienating a certain number of eBook consumers, I guess that time will tell.
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Old 06-30-2015, 09:56 PM   #11
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Even the dissenting judge more or less admitted that they fixed prices:

"...Apple’s conduct “was unambiguously and overwhelmingly procompetitive,” Jacobs wrote. “Apple was a major potential competitor in a market dominated by a 90 percent monopoly, and was justifiably unwilling to enter a market on terms that would assure a loss on sales or exact a toll on its reputation.”

http://www.washingtonpost.com/busine...a61_story.html
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Old 06-30-2015, 10:33 PM   #12
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Originally Posted by SteveEisenberg View Post
They disagreed, it being a 2-1 decision.

For what it's worth, the judge who is a Democratic political appointee ruled against Apple, while the two GOP political appointees split.
They agreed it was a conspiracy. One judge argued that Apple is exempt from anti-trust laws because they are at a different point in the supply chain. Whatever that means.
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Old 06-30-2015, 10:50 PM   #13
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They agreed it was a conspiracy. One judge argued that Apple is exempt from anti-trust laws because they are at a different point in the supply chain. Whatever that means.
He wants to pretend that vertical collusion is not an antitrust violation and that antitrust only applies horizontally. Despite the variety of vertical collusion cases in the record.

Including the AAP case against the BPHs, Borders & B&N in the 90's.
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Old 06-30-2015, 11:55 PM   #14
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Old 07-01-2015, 12:57 AM   #15
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Originally Posted by eschwartz View Post
They agreed it was a conspiracy. One judge argued that Apple is exempt from anti-trust laws because they are at a different point in the supply chain. Whatever that means.
That means ... "We're Apple, we should be able to whatever the hell we want."
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