Now if the DOJ would just pay attention, they would see how wrong they are. I’m an apple fan, I admit it, but even if I wasn’t, common sense kicks in from the retail and sales background I have. To put all the power in one companies hands, which is what the DOJ is trying to do, give amazon a chokehold on everyone, you will defeat everything that has been achieved for eBooks. As I have said before, hard to have collusion when everyone knows what you’re doing, so even going after apple for that, is ridiculous. Hell, publishers have discounts and better deals for certain vendors in certain markets, I don’t see any one being pissed about that. People buy where they want to buy, if it’s spendy, they shop for a deal or they don’t buy.
DOJ just needs to grow up and realize they have screwed up, put their tail between their legs and move on, you’ve done enough damage.
Originally posted on paidContent:
In a memo filed with the Southern District of New York this afternoon (PDF; embedded below), Apple (s APPL) argues that the Department of Justice’s proposed settlement with three book publishers forces Apple to tear up existing contracts. That is “fundamentally unfair, unlawful, and unprecedented,” Apple says: It’s not settling, so it’s entitled to a trial.
“Apple is taking a bold stance by ignoring the Judge’s admonition to the parties not to oppose the settlement, other than submitting comments,” attorney and RoyaltyShare CEO Bob Kohn, who is seeking permission to file an amicus brief in the case, tells me. “Apple makes a good point that the proposed settlement terminates Apple’s agency contracts without a trial and that would be an unprecedented violation of Apple’s right to due process.”
The proposed settlement would require the three settling publishers — HarperCollins, Hachette and Simon & Schuster — to terminate their existing agency pricing contracts with Apple. Apple says that isn’t fair: “The Government is seeking to impose a remedy on Apple before there has been any finding of an antitrust violation.” This case, the company states, revolves around “an alleged conspiracy to force Amazon to adopt agency.” So a settlement “enjoining collusion or precluding publishers from forcing agency on Amazon would be appropriate,” but Apple is entitled to defend its contracts in court.