• <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Sotheby’s New York: Fine Books & Manuscripts. December 11, 2017</b>
    <b>Sotheby’s NY, Dec. 11:</b> Wright, Frank Lloyd. An important collection of early letters from Wright to members of his family. 1909–1926. $60,000 to $80,000
    <b>Sotheby’s NY, Dec. 11:</b> Rand, Ayn. Ayn Rand's important first speech delivered at the Ford Hall Forum. $60,000 to $80,000
    <b>Sotheby’s NY, Dec. 11:</b> Tolkien, J.R.R. <i>The Hobbit or There and Back Again</i>. London: George Allen & Unwin Ltd., 1937. $50,000 to $70,000
    <b>Sotheby’s NY, Dec. 11:</b> [Flemish Flower Manuscript]. Lille, Spanish Netherlands: 1630. $50,000 to $60,000
    <b>Sotheby’s NY, Dec. 11:</b> García Márquez, Gabriel. Two drafts of an early short story, "Rosas Artificiales.” $40,000 to $60,000
    <b>Sotheby’s New York: History of Science and Technology. December 12, 2017</b>
    <b>Sotheby’s NY, Dec. 12:</b> Enigma M4. A Fully Operational Four-Rotor ("M4") Kriegsmarine Enigma Cipher Machine, 1944. $350,000 To $500,000
    <b>Sotheby’s NY, Dec. 12:</b> The "Polio" Nobel Prize. The 1954 Nobel Prize Medal for Physiology or Medicine Awarded to Frederick C. Robbins. $200,000 to $300,000
    <b>Sotheby’s NY, Dec. 12:</b> ENIGMA I. A Fully Operational Early Three-Rotor Enigma I Cipher Machine. Berlin, Heimsoeth Und Rinke, Early 1930s. $120,000 to $180,000
    <b>Sotheby’s NY, Dec. 12:</b> Bonestell, Chesley. "Saturn, Viewed From Titan, One of Its Satellites." A Mid 1950's Study for the 360° Titan Panorama. 1 ½ x 20’. $100,000 to $150,000
    <b>Sotheby’s NY, Dec. 12:</b> Descartes, René. <i>Discours de la Méthode pour Bien Conduire Sa Raison, & Chercher la Verité dans les Sciences... 1637. $80,000 to $120,000
  • <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> Unique Association Copy of Signed Limited Roosevelt, African Game Trails, Extra-Illustrated. $5,000 - 7,500
    <b>Cowan’s, Dec. 18:</b> 24 Volumes Henry James in 1/2 Morocco - Alvin Langdon Coburn Frontis Illustrations. $3,000 - $5,000
    <b>Cowan’s, Dec. 18:</b> French Surrealism by Claude Cahun and Marcel Moore, 1930 Limited Edition in Lovely Condition. $3,000 - $5,000
    <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> Unique and Beautifully Written Manuscript of 650 Quarto Pages - Unpublished History of Belle-Isle-En-Mer, 1754. $3,000 - $5,000
    <b>Cowan’s, Dec. 18:</b> William Beebe's Classic 4 Volume Work on "The Pheasants," Signed and Inscribed in 1919. $2,000 - $3,000
    <b>Cowan’s, Dec. 18:</b> Three Volumes of Washington's War Era Letters Published in New York in 1796. $1,500 - $2,000
    <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> 19th C. Vintage Album with 48 Sepia Toned Albumen Prints by Fratelli Alinari et. al.<br>$1,500 - $2,000
    <b>Cowan’s, Dec. 18:</b> Report of Phipps' Voyage in 1773 In Search of a Passage to India Via the North Pole. $1,500 - $2,000
    <b>Cowan’s, Dec. 18:</b> 17 Volumes of Wallace's American Trotting Register, 1874-1891. $1,500 - $2,500
    <b>Cowan’s Auctions: Fine Books, Including the Alan Culpin WWI Art Collection – Live Online Auction. Dec. 18, 2017</b>
    <b>Cowan’s, Dec. 18:</b> Rare First English Edition of Monardes, Joyfull Newes, 1577, Woodcut Illustrations.<br>$1,500 - $3,000
    <b>Cowan’s, Dec. 18:</b> 6 Volume Shakespeare Presented to Virginia Congressman Involved in the "Trent Affair". $1,200 - $1,500
    <b>Cowan’s, Dec. 18:</b> Classic Lothar Meggendorfer Movable Book Complete with 8 Chromolithograph Plates, Ca. 1890. $750 - $1,000
  • <b>Bonhams: History of Science and Technology. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 95. Turing. <i>Systems of Logic Based on Ordinals</i>. Offprint. London, 1939. Robin Gandy's Copy. $20,000 to $30,000
    <b>Bonhams, Dec. 6:</b> Lot 98. Zernike, Fritz. The 1953 Nobel Prize for Physics: The Invention of the Phase-Contrast Microscope. $100,000 to $150,000
    <b>Bonhams, Dec. 6:</b> Lot 111. Apple 1 Computer, operational, with exceptional provenance. $400,000 to $600,000
    <b>Bonhams: Voices of the 20th Century. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 1074. Bruce, Lenny. An unreleased 16 mm film by "Count" Lewis DePasquale featuring Lenny Bruce. $7,000 to $10,000
    <b>Bonhams, Dec. 6:</b> Lot 1254. Hirohito. Manuscript in Japanese, "The Emperor's Monologue," transcribed by Terasaki Hidenari. $100,000 to $150,000
    <b>Bonhams, Dec. 6:</b> Lot 1095. Goldman. Emma. Large archive of correspondence, much of it to Warren Starr Van Valkenburgh. $70,000 to $100,000
    <b>Bonhams: History of Science and Technology. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 109. Wozniak and Jobs. The First Digital "Blue Box", Berkeley, 1972. $30,000 to $50,000
    <b>Bonhams, Dec. 6:</b> Lot 46. Newton, Isaac. <i>Philosophiae naturalis principia mathematica</i>. 1st issue. London, 1687. $300,000 to $500,000
    <b>Bonhams, Dec. 6:</b> Lot 49. Newton. Autograph Manuscript in English, a portion of a draft of Newton's study on revelation. $15,000 to $20,000
    <b>Bonhams: Voices of the 20th Century. Wednesday, December 6, 2017. New York</b>
    <b>Bonhams, Dec. 6:</b> Lot 1027. Fitzgerald, F. Scott. The Great Gatsby. 1st edition, 1st issue. Scribners, 1925. $40,000 to $60,000
    <b>Bonhams, Dec. 6:</b> Lot 1042. Hemingway., Ernest. For Whom the Bell Tolls. Presentation copy, one of 15 copies. Scribners, 1940. $25,000 to $35,000
    <b>Bonhams, Dec. 6:</b> Lot 1215. A 48-star American Flag, flown from LCT-703, sunk on Omaha Beach, December 1944. $15,000 to $20,000

Rare Book Monthly

Articles - May - 2012 Issue

Department of Justice Sues Apple, Five Book Publishers

Dojapple

The Department of Justice sued Apple and five publishers for price fixing e-books.

The long rumored lawsuit by the U.S. Department of Justice against the world's most valuable company, Apple, and five book publishers for conspiracy to fix prices, was finally filed last month. The basic claim is that the companies conspired to force Amazon to raise its prices on electronic books. As a result, books that generally were being sold for $9.99 each had their prices raised to $12.99 or $14.99.

When Amazon began offering e-books in 2007, it offered them at a price substantially lower than printed copies. Their $9.99 price left the company little room for profit. Sometimes, the price resulted in a loss. However, Amazon was more concerned with building a business than making a short-term profit. The low book prices helped spur sales of its e-book reader, the Kindle, and made Amazon the overwhelming choice for those who purchased e-books. Amazon held an estimated 90% of the market.

According to the Department of Justice complaint, the five publishers (Hachette, HarperCollins, MacMillan, Penguin, and Simon & Schuster) “feared that lower retail prices for e-books might lead eventually to lower wholesale prices for e-books, lower prices for print books, and other consequences the publishers hoped to avoid.” Each feared consumers would come to expect a $9.99 price point, and wanted to disabuse them of such expectations as soon as possible. However, they “concluded that unilateral efforts to move Amazon away from its practice of offering low retail prices would not work, and they thereafter conspired to raise retail e-book prices and to otherwise limit competition in the sale of e-books.”

Just as the publishers were facing this price conundrum, Apple let it be known that it would be releasing its tablet computer, the iPad, which doubles as an electronic reader, and was considering selling e-books too. According to the complaint, Apple believed it could “trounce Amazon by opening up its own e-book store.” However, Apple was not looking for loss leaders or low margin businesses. Anyone who has ever purchased an Apple product realizes this. So, when Apple and the publishers discussed the former's interest in selling their e-books, “Apple learned that the Publisher Defendants shared a common objective with Apple to limit e-book retail price competition.” The parties also realized that the publishers wanted the price of e-books to be substantially higher than $9.99. As a result of these discussion, the DOJ continues, “Defendants reached an agreement whereby retail price competition would cease, retail e-book prices would increase significantly, and Apple would be guaranteed a 30% 'commission' on each e-book it sold.”

The DOJ then claims the parties, to effectuate their price fixing conspiracy, changed the model by which electronic books were sold. Instead of the “wholesale model,” by which publishers sold their e-books at a wholesale price, and the retailers sold them for whatever they wished, the publishers adopted an “agency model.” Under this model, the retailers acted as “agents” for the publishers. The publishers set the price, and their “agents,” the retailers, all had to sell their books for the same set price. There would be no price competition. The retailers would receive a fixed percentage commission on each e-book they sold. The publishers would get their wish – higher retail prices for e-books – and Apple would have its demand fulfilled, that no one would be permitted to undercut their retail price. Apple bought into this plan, according to the complaint, knowing it “would result in higher prices to consumers.”

The complaint concludes that once the publishers reached their agency agreement with Apple, the publishers limited price competition among themselves, and e-books that previously sold for $9.99 now sold for $12.99 and $14.99. As a result, consumers have been forced “to pay tens of millions of dollars more for e-books than they otherwise would have paid.” The DOJ asked the court to declare this practice illegal and prevent further “injury to consumers” by the parties.

The DOJ cites numerous meetings and telephone conversations by the publishers, both among themselves and with Apple, during which the scheme was allegedly hatched. Within a three day period in January 2010, all five publishers signed agreements with Apple, and the agency agreements all went into effect on the same day, April 3, 2010, the release date of the iPad.

When Macmillan led the way in enforcing the agency model on Amazon, the latter responded by discontinuing the sale of their books. However, when the other four backed up Macmillan with the same terms, the complaint says Amazon was forced to back down. The five represented almost half of Amazon's e-book business. The publishers had succeeded in enforcing the terms of its agreement with Apple on Amazon. Amazon had to raise prices to consumers.

Almost immediately after filing the claim, the Department of Justice announced that three of the publishers – Hachette, HarperCollins, and Simon & Schuster – had reached a settlement with them. The settlement would require terminating their agreements with Apple and refraining from further limiting the prices at which retailers may sell their e-books. However, Apple and the other two publishers have indicated they plan to fight the charges. Apple described the charges as “simply not true,” and says, to the contrary, they have “broken Amazon's monopolistic grip” on the e-book field. It compared the publishers' setting the prices on their iBookstore to “apps” developers setting their prices on Apple's App Store.

Meanwhile, the parties are facing litigation in several other venues. Fifteen states have reportedly already reached an agreement with the three publishers which will require a substantial cash payment from them. A private class action suit may affect residents of other states. The European Commission is investigating the claims, and reportedly has received settlement offers from Apple and four of the publishers (Penguin being the lone holdout). A class action suit has been brought in Canada, and Australia is reportedly considering action.

Rare Book Monthly

  • <b>Announcing a new Books for Sale platform hosted by Biblio!</b>
    <b>List your books simultaneously on Rare Book Hub and Biblio!</b>
  • <b>Christie’s Online, Dec. 5 – Dec. 12:</b> <i>John the Baptist</i>. initial 'H' cut from a choirbook [Lombardy or Siena, c. 1470s]. US$6,000–9,000
    <b>Christie’s Online, Dec. 5 – Dec. 12:</b> <i>Maharaja Ranjit Singh (1780–1839) seated on a terrace with Sikh noblemen</i>. [Punjab, North India, circa 1830-40]. Estimate: US$10,000–15,000
  • <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Rowling (J.K.). Hogwarts School of Witchcraft and Wizardry, original fine black pen and ink manuscript book by the author J.K.Rowling, with 31pp of text and illustrations. £80,000 to £120,000
    <b>Bloomsbury, Dec. 14:</b> Blaeu (Johannes). <i>Vierde Stuck der Aerdrycks-Beschryving, welck vervat Engelandt</i>, i.e. <i>Theatrum Orbis Terrarum</i>. vol 4, England & Wales. £10,500 to £12,500
    <b>Bloomsbury, Dec. 14:</b> Miró (Joan). L'Homme au Balencier, etching, aquatint and carborundum, printed in colours on Japan paper, signed in pencil lower right. £4,000 to £6,000
    <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Steve McCurry (b.1950). Afghan Girl, 1984, pigment inkjet print, signed and numbered 48/250 in pencil on lower margin. £2,500 to £3,500
    <b>Bloomsbury, Dec. 14:</b> Keough (Pat and Rosemarie). <i>Antarctica</i>, no 228 of 950 copies, signed by the authors, many colour illustrations, original dark grey morocco. £2,800 to £3,200
    <b>Bloomsbury, Dec. 14:</b> Rowlandson (Thomas). Darby & Joan, the idyllically contended couple sit either side of a stove in a cosy domestic interior, ink and watercolour on wove paper. £1,000 to £1,500
    <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Procktor (Patrick). Tiny blue-eyed goldfish, watercolour, 310 x 460mm., signed in blue crayon, lower right, titled and inscribed Muscat Jan 19. £1,000 to £1,500
    <b>Bloomsbury, Dec. 14:</b> Iouri Abramochkin (b.1936). Horsemen, Dagestan, 1968, Lambda print, printed later, signed, dated, editioned 1/8 and annotated in black ink verso. £800 to £1,200
    <b>Bloomsbury, Dec. 14:</b> Ravilious (Eric).- Shakespeare (William). Twelfth NIght, or, What You Will, number 79 of 275 copies , wood-engraved title. £800 to £1,200
    <b>Bloomsbury Auctions: Books and Works on Paper, including Fine Photographs. December 14, 2017</b>
    <b>Bloomsbury, Dec. 14:</b> Michelangelo.- Chastel (André). <i>The Vatican Frescoes of Michelangelo</i>, Photography by Takashi Okamura, 2 vol., one of 600 sets, colour plates. £500 to £700
    <b>Bloomsbury, Dec. 14:</b> Wyndham (John). <i>The Day of the Triffids; The Kraken Wakes; The Chrysalids;</i> together with 8 other volumes. All first editions. £400 to £600
    <b>Bloomsbury, Dec. 14:</b> Alfred Stieglitz (1864-1946). Goats Along The Seine, 1894. Photogravure, printed 1990s by Dorothy Norman, one from an edition of 40 published by Aperture. £400 to £600
  • <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> SAINT-EXUPERY, ANTOINE DE. Kodachrome Film (16mm) showing Antoine de Saint-Exupery and Consuelo on a boat, 1942. JOINED: Guestbook for the Boat, signed, with a drawing of the Little Prince. 15 000 to 20 000 €
    <b>Collections Aristophil, Dec. 20:</b> CANDEE, HELEN CHURCHILL. Autograph manuscript. TITANIC, 40 leaves. Original account of the most famous shipwreck, by a survivor of the ordeal. 300 000 to 400 000 €
    <b>Collections Aristophil, Dec. 20:</b> TITANIC. Collection of 7 documents relating to the shipwreck of the Titanic (14 April 1912). 20 000 to<br>30 000 €
    <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> DUPLEIX DE CADIGNAN, JEANBAPTISTE. Signed autograph manuscript. Thirty years of memoirs related to military services and important information on the American War of Independence.<br>40 000 to 50 000 €
    <b>Collections Aristophil, Dec. 20:</b> CURTIUS. Faiz et Conquestes d'Alexandre [Histoire d'Alexandre le Grand]. In French, illuminated manuscript on paper and parchment, 16 large miniatures. 300 000 to<br>500 000 €
    <b>Collections Aristophil, Dec. 20:</b> NELSON, HORATIO. Signed autograph letter, ‘Nelson & Bronte,” aboard the Amazon, 14 October 1801, addressed to Sir William Hamilton. 4 000 to 5 000 €
    <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> GIROLAMO FRANCESCO MARIA MAZZUOLI DIT LE PARMESAN. Le couple amoureux. Pen and brown ink. 80 000 to 120 000 €
    <b>Collections Aristophil, Dec. 20:</b> SADE, DONATIEN-ALPHONSE-FRANÇOIS, MARQUIS DE. Autograph manuscript. The 120 Days of Sodom, or the School of Libertinage, 1785.<br>4 000 000 to 6 000 000 €
    <b>Collections Aristophil, Dec. 20:</b> MIRÓ, JOAN. Signed autograph correspondence to Thomas and Diane Bouchard (1949-1976). 50 000 to 60 000 €
    <b>Les Collections Aristophil:<br>December 20, 2017</b>
    <b>Collections Aristophil, Dec. 20:</b> BALZAC, HONORÉ DE. Signed autograph manuscript, Ursule Mirouët, [1841]. One of only two manuscripts of novels by Balzac in private hands. 800 000 to<br>1 200 000 €
    <b>Collections Aristophil, Dec. 20:</b> LENOIR, ALEXANDRE. Essai sur l'histoire des arts en Egypte pouvant servir d'appendice au grand ouvrage de la Commission. autograph manuscript with numerous additions and corrections. 40 000 to 50 000 €
    <b>Collections Aristophil, Dec. 20:</b> SCHRÖDINGER, ERWIN. Autograph manuscript [Spring 1946, sent to Albert Einstein]. 1 500 to 2 000 €
  • <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b> James Montgomery Flagg, <i>Friend, Wife</i>, graphite & watercolor cover for Judge magazine, May 1920. $6,000 to $9,000.
    <b>Swann Auction Galleries Dec 14:</b> Georges Lepape, <i>Après la Tempête</i>, watercolor, ink & graphite cover for <i>Vogue</i>, April 1919, inscribed to Madame Condé Nast. $25,000 to $35,000.
    <b>Swann Auction Galleries Dec 14:</b> Maurice Sendak, <i>Little Bear & His Parents </i>, pencil study & finished watercolor for <i>Bears of the World</i>, 1981. $15,000 to $25,000.
    <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b><br>Dr. Seuss (Theodor Geisel), <i>A Great Gallumphing Galoot!</i>, original drawing & inscription, signed twice, in <i>Dr. Seuss's ABC</i>. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 14:</b> Scrapbook relating to the production of <i>Snow White & the Seven Dwarfs</i>, with 20 original drawings, circa 1937. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 14:</b> Charles M. Schulz, <i>Gentleman Biographer</i>, pen & ink, <i>Peanuts</i> comic strip, 1972. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b> Jerry Pinkney, <i>[Brer Rabbit & Brer Bear]</i>, watercolor, pen & ink on paper, 1990. $20,000 to $25,000.
    <b>Swann Auction Galleries Dec 14:</b> <i>Daffydils</i>, festschrift for Harry Hershfield, signed with cartoons & caricatures by George Herriman, Winsor McCay & others, 1911. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 14:</b> W.W. Denslow, <i>Higglepy, Piggleby, My Black Hen</i>, ink & gouache, for <i>Denslow's Mother Goose </i>, 1901. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 14: Illustration Art</b>
    <b>Swann Auction Galleries Dec 14:</b> Pavel Tchelitchew, <i>Savonarola</i>, graphite & gouache, sketch for the production at Theater in der Königgrätzer Straße, 1923. $5,000 to $7,000.
    <b>Swann Auction Galleries Dec 14:</b> John Philip Falter, <i>Strictly Off the Record</i>, oil on canvas, for Four Roses Whiskey, 1942. $15,000 to $20,000.
    <b>Swann Auction Galleries Dec 14:</b> Charles Addams, <i>Movie Scream</i>, pen, ink & watercolor cartoon for <i>The New Yorker</i>, January 1947. $12,000 to $18,000.

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