back to article Apple asks judge to axe ebook price-fixing watchdog

Apple has asked a New York court to kick the antitrust monitor the beaks appointed off the company's payroll, accusing him of being biased against the fruity firm. Cupertino has been complaining about the court-appointed external compliance monitor Michael Bromwich practically since he got the job, saying that his fees are …

COMMENTS

This topic is closed for new posts.

Page:

      1. Anonymous Coward
        Anonymous Coward

        Re: Apple are not being unreasonable.

        You are not forced to use Apple's services.

        Amazon may have offered you an app on your Apple device. You're neither forced to use that app nor that device.

        1. David Ward 1

          Re: Apple are not being unreasonable.

          "Amazon may have offered you an app on your Apple device. You're neither forced to use that app nor that device."

          Except that the whole point of the cartel was that they (the publishers) would not enable the book to be sold elsewhere for less either, so if you buy from the kindle app on an apple device you pay the same price or less than from the kindle store on a kindle.

  1. Alan Denman

    "Not like me"

    anyone else noticed that whenever Apple's case is extra weak so many posts seem to start 'I'm not normally in support of Apple but..' ?

    So it is just like you, and you and you and you.

    1. This post has been deleted by its author

    2. K Cartlidge

      Re: "Not like me"

      Or, I *don't* normally support Apple *but* on this occasion happen to think their case is *not* weak.

  2. TheWeenie

    @ Phil W

    You wouldn't expect a traffic warden to insist on performing a full body search of you and everyone in your car after telling you can't park somewhere or giving you a ticket.

    Shhh - you'll give them ideas!

    1. Anonymous Coward
      Anonymous Coward

      Re: @ Phil W

      Some blokes pay good money for that!

  3. Big_Ted
    Big Brother

    First thing the Judge should do

    I ask Apple to provide a statement of how many hours of lawyers time they paid for in the past 12 months, what the total payout for it was and a per hour rate from that then the most expensive lawyers invoices must be provided to see what they charge. Then she should bdemand that the lawyers moaning about the charge must provide invoices they have sent to Apple so the court can make a comparison.

    If it turns out they are paying lawyers anywhere close to this then they should be held to be in contempt of court and liable to a big fine.

  4. Michael Jecks

    Monopoly vs Cartel

    What I find incomprehensible in all this is, publishers and Apple tried to fix prices at a level agreed by the businesses - why? To prevent Amazon taking down all publishing in their race to the bottom. It's blatantly obvious that, by preventing Apple and various publishers from operating an unofficial price-fixing arrangement as used to operate in all Western countries (and still operates in places like France) to protect authors, the American legal system has handed the market to a monopolist - Amazon. Authors will see their incomes slashed still further, publishers will be driven out of business, and only one firm will benefit.

    I do have a personal interest. I'm an author. Amazon demands massive discounts on the books it sells. That means the authors see their income collapse by the same percentage (we tend to be paid based on net receipts). So personally I'd infinitely prefer to see Apple and others being allowed to set their prices at an economically sustainable level.

    1. ElReg!comments!Pierre

      Re: Monopoly vs Cartel

      > operating an unofficial price-fixing arrangement as used to operate in all Western countries (and still operates in places like France)

      Bollocks. No place has a "prefered nation" clause like the one that got Apple in hot water.

      > Amazon demands massive discounts on the books it sells. That means the authors see their income collapse by the same percentage

      The relationship between sale price and author remuneration depends entirely on the editor, and then on your contract with the editor.

      > (we tend to be paid based on net receipts)

      Who's your editor? Most contracts I've seen are of the "variable upfront payment + small amount per copy sold"; I don't think I've ever seen one that actually mentionned the editor's net income. But obviously I haven't seen them all.

      > So personally I'd infinitely prefer to see Apple and others being allowed to set their prices at an economically sustainable level.

      It's not what Apple and others were caught for. Don't be fooled, the agency model they were going for would have allowed Apple to pressure the editors as much if not more than what Amazon is doing. Amazon is driving the price down (partially) by subsidizing the books (selling at a loss), which means that the publisher is getting more money than what the end customer pays. Apple would have driven the prices down by pushing for a lower price from the editors (while keeping a bigger cut for themselves, of course). That's demonstrably worst for the customer and potentially worst for the publisher too (although it could be better for the publisher, depending on how benevolent and selfless Apple would feel).

      1. The_Idiot

        Re: Monopoly vs Cartel

        <

        Most contracts I've seen are of the "variable upfront payment + small amount per copy sold"

        >

        True, mostly, for big name publishers.

        Rather less true (or, potentially totally untrue because I don't know all of them) for Indie and small market publishers where there is no upfront payment, but a higher royalty rate,

        In fact one of the ongoing issues with some of the 'professional' authors' associations (for example the Authors Guild and the Science Fiction and Fantasy Writers of America the last time I looked at either) is that their membership requirements include a minimal total upfront payment from a number of books, hence eliminating all authors not in such arrangements. So such an author could sell 99999999999999999 books through self publishing, or through small market publishing, and still not qualify for membership (and I'm talking about people like Joe Konrath, not me (blush)). Of course, people like the good Mr Konrath aren't likely to worry too much, and more power to them! :-)

      2. Tim Bedford

        Re: Monopoly vs Cartel

        Except that the average book price went down during the period Apple is accused of anti-trust violations. The Library and Book Trade Almanac figures show this. The almanac is compiled by an old an respected company in the publishing field, R. R. Bowker.

        Amazon had a monopoly on online book sales. Having a monopoly is not illegal, only abusing that position is. However entering a market against and entrenched competitor is hard. Apple sought to break into the market and provide competition. Something that can only help consumers.

        We can't blame Amazon for fighting to maintain their position, but we can blame the American government for being hoodwinked by them.

  5. Crady

    So it's ok for 'them' to rip people off with the ebook pricing to what probably made them millions of dollars but having got caught they are crying about the legal system ripping them off...oh the irony of it all.

  6. Sureo

    What does Apple pay their lawyers?

    I don't hear them whinging about that. And it must be plenty.

  7. John Tserkezis

    Price fixing isn't a problem.

    Until you no longer have any control over fixing the price of the team that monitors it...

    Sorry Apple, it appears that not *everyone* can be bought.

  8. Old Timer

    Surely any monitor just needs to check any new contracts to see if they comply with the court ruling? That's quite a simple job. Questions over whether this man is worth US$1100 an hour are raised because he is outsourcing the work to another set of lawyers (and earning an admin fee on their costs) as he doesn't not have the specific knowledge.

    1. Anthony Hulse

      Nepotism

      Indeed. He basically got the gig because he's friends with the judge. If you read Apple's complaints he's even trying to charge them for the training he needs in order to fulfil the mandate his friend has appointed him to do, because he doesn't actually know what he's supposed to be doing.

      The judge in favouring her mates over appointing somebody competent has given Apple the perfect get out clause. In their position I'd be complaining too. They'd be mad not to.

Page:

This topic is closed for new posts.

Other stories you might like