Let me give a quick synopsis of what the case is about so that you can understand where I am coming from. Apple was accused by the US Justice Department for conspiring with with five publishers to raise the prices of electronic books so that it would break the hold that Amazon had over the marketplace. Amazon at the time was desperate to sell the Kindle. So they priced books at $9.99. This ticked publishers off as they feared that real book sales would suffer. Apple it is claimed helped the publishers to put prices back to where they should be. Now the five publishers settled leaving Apple as the only party to go to court, which led to Apple’s defeat earlier this week (though they have said that they will appeal).
So, keeping in mind that I’m a computer nerd and not a lawyer, here’s why Apple should appeal:
- The five publishers who settled might have gone that route not because they were guilty, but because it was expedient and it makes the problem go away. Settling does not mean that Apple is guilty of being part of a conspiracy.
- Publishers who allegedly conspired with Apple have merged. Example: Random House and Penguin are now one. Could they not then raise the prices of e-books without the need for a conspiracy? You can put money that Apple will use that argument in their appeal.
- Apple had to fight tooth and nail to get publishers to sign on to the whole iBooks concept before the iPad was launched and most of that was in the public domain. That doesn’t sound like a bunch of willing partners in a conspiracy to me.
- Has the consumer been harmed? I personally don’t see that they have.
I really think that Apple may have a case here to win an appeal. Thus it is worth their while to appeal. But I am not a lawyer. Perhaps a real lawyer can chime in and share their thoughts?
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This entry was posted on July 12, 2013 at 10:36 am and is filed under Commentary with tags Apple, Lawsuit. You can follow any responses to this entry through the RSS 2.0 feed.
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Hey IT Nerd! Apple Lost In The eBook Case. Why Should They Bother Appealing?
Let me give a quick synopsis of what the case is about so that you can understand where I am coming from. Apple was accused by the US Justice Department for conspiring with with five publishers to raise the prices of electronic books so that it would break the hold that Amazon had over the marketplace. Amazon at the time was desperate to sell the Kindle. So they priced books at $9.99. This ticked publishers off as they feared that real book sales would suffer. Apple it is claimed helped the publishers to put prices back to where they should be. Now the five publishers settled leaving Apple as the only party to go to court, which led to Apple’s defeat earlier this week (though they have said that they will appeal).
So, keeping in mind that I’m a computer nerd and not a lawyer, here’s why Apple should appeal:
I really think that Apple may have a case here to win an appeal. Thus it is worth their while to appeal. But I am not a lawyer. Perhaps a real lawyer can chime in and share their thoughts?
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This entry was posted on July 12, 2013 at 10:36 am and is filed under Commentary with tags Apple, Lawsuit. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.