Rare Book Monthly

Articles - December - 2014 Issue

Court Accepts Tentative Settlement in Apple's E-Book Price-Fixing Case

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U.S. District Court Judge Denise Cote has accepted a strange settlement in the Apple e-book price fixing case, though it was obvious she didn't much like it. Evidently, the winning party in her court, the purchasers of e-books a few years back, had to convince her the settlement was actually in their best interest.

 

The case arose out of a Justice Department claim that Apple and five book publishers had conspired to raise the price of e-books. Amazon was charging too little to suit their taste (see this article concerning a related agreement recently reached between Amazon and publisher Hachette). The government argued Apple orchestrated a conspiracy with the publishers, Apple argued all they had done was legitimately negotiate deals individually with each publisher. Unless Apple CEO Tim Cook is a good bluffer, he does not believe Apple did anything wrong. Judge Cote believes otherwise. It was not even close in her mind, and if she had had a physical book to throw at Apple's executives, she undoubtedly would have done so. She thought it was a blatant case of price fixing.

 

Apple appealed her decision to the next higher level of courts, the U.S. Appeals Court. That appeal is still under consideration. However, with the final decision still up in the air, Apple and those allegedly harmed, the e-book buyers who were said to have overpaid, reached a settlement. How is that possible if the case is still proceeding in the courts? The answer is that it is a tentative settlement. The terms of the settlement vary greatly depending on the outcome of the appeal. It provides that if the Appeals Court upholds Judge Cote's verdict, Apple must pay $450 million - $400 million to the e-book buyers, $50 million to their lawyers. If the Appeals Court neither upholds nor overturns Judge Cote's decision, for example, they send it back for retrial, Apple must pay only $70 million - $50 million to the e-book buyers, $20 million to their lawyers. Finally, if the Appeals Court overturns Judge Cote's verdict, Apple doesn't have to pay anyone a dime (except, of course, their own lawyers, who have undoubtedly collected many millions of dollars by now).

 

Judge Cote expressed reservations about the settlement, even while accepting it. She found it unusual, and the $70 million settlement if a retrial is ordered likely means no retrial would even be held, and the amount of damages is relatively small. The publishers earlier agreed to give e-book buyers $166 million without ever going to trial. In fairness to them, the financial risk of a loss at trial is greater than they may be able to afford. They agreed to pay a lot because a loss at trial might break them. In Apple's case, the settlement is pocket change for a company with $150 billion in the bank. Judge Cote said that she understood why the book buyers consented considering the time the case has taken and Apple's willingness to pursue the case, though it appears to us she believes Apple should be paying more.

 

The $450 million settlement would provide the average e-book buyer hurt by the pricing with a little over $17. Those who bought more than the average number of e-books would get more, those with fewer less. If the case is remanded for retrial, the average will be only $2. What is the cost to Apple's owners, its shareholders? There are 5.865 billion shares of Apple stock outstanding, so that comes to about 7 ½ cents per share. Apple's share price recently rose above $115 for the first time a few days ago, so that amount is well under one-tenth of one percent. The price of their stock regularly goes up or down more than that amount on a single trade. In other words, whatever the Appeals Court decides is essentially meaningless to Apple. To Apple, however, this is a matter of principle. They believe they did no wrong, and they have used their financial clout to prove their point. We will see.

 

The Appeals Court is now scheduled to hear Apple's appeal on December 15.

Rare Book Monthly

  • <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>Aurora Australis.</i> Printed at the sign of 'The Penguins'; East Antarctica, 1908. $70,000 to $100,000
    <b>Bonhams, Sep. 25:</b> Shackleton, Ernest. <i>South Polar Times.</i> 1st edition, limited issue. from the library of Michael Barne. $20,000 to $30,000
    <b>Bonhams, Sep. 25:</b> General Washington's <i>Proceedings of a General Court Martial... of Major General Lee.</i> Philiadelphia, 1778. 100 copies printed for Congress. BOUND WITH: ...Court Martial... of St Clair and ...Schuyler. $25,000 to $35,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> <i>The Voice of the People.</i> Boston, 1754. Rare pamphlet on the Excise Tax. Nathaniel Sparhawk's copy. $4,000 to $6,000
    <b>Bonhams, Sep. 25:</b> Autograph Letter Signed ("S.L. Clemens"), offering extensive hard-earned advice on writing, 5 pp, 1881. $30,000 to $50,000
    <b>Bonhams, Sep. 25:</b> After Fra Egnazio Danti. <i>L'Ultime Parti not:e nel Indie Occid:ntli" [The last known parts of the Western Indies].</i> Painted Map of California, Western Mexico, and Japan. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Ptolemaeus, Claudius. <i>Geographie opus nouissima...</i> 1513. The most important edition of Ptolemy, containing the Admiral's Map. $250,000 to $350,000
    <b>Bonhams, Sep. 25:</b> De Arellano, Don Alonso. Manuscript, his <i>"Relación mui singular y circunstanciada... Capitán del Patax San Lucas,"</i> manuscript copy from the Sir Thomas Phillips collection. $50,000 to $80,000
    <b>Bonhams, Sep. 25:</b> Purchas, Samuel. <i>Purchas his Pilgrimes.</i> First edition. With John Simth's engraved map of Virginia. $70,000 to $100,000
    <b>Bonhams: Exploration and Travel, Featuring Americana, Part I. September 25, 2018</b>
    <b>Bonhams, Sep. 25:</b> Lewis, Meriwether. Contemporary manuscript true copy of his final power of attorney, 1809. $8,000 to $12,000
    <b>Bonhams, Sep. 25:</b> <i>A New Method of Macarony Making, as Practiced at Boston in North America.</i> Mezzotint. London, 1774. $5,000 to $7,000
    <b>Bonhams, Sep. 25:</b> <i>Scientific Base Ball Pitching: A Treatise on the Pitcher, Pitching, Origin and Philosophy of the Curve.</i> Chicago, 1897. $2,000 to $3,000
  • <b>Swann Auction Galleries Sep 27:</b> Franklin H. Brown, <i>State Sovereignty, National Union,</i> Chicago, 1860. $6,000 to $9,000.
    <b>Swann Auction Galleries Sep 27:</b> Thomas Paine, <i>The American Crisis,</i> Fishkill, NY, December 1776. $25,000 to $35,000.
    <b>Swann Auction Galleries Sep 27:</b><br>The Aitken Bible, Philadelphia, 1781. $20,000 to $30,000.
    <b>Swann Auction Galleries Sep 27:</b> Francisco Loubayssin de Lamarca, probable first edition of the first novel set in the Spanish New World, Paris, 1617. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Juan de la Anunciación, <i>Sermonario en lengua mexicana,</i> first edition, first book of sermons in Nahuatl, Mexico, 1577. $30,000 to $40,000.
    <b>Swann Auction Galleries Sep 27:</b> Maturino Gilberti, <i>Thesoro spiritual en lengua de Mechuacá,</i> first edition, Mexico, 1558. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Commission of William O. Stoddard as secretary to the president, signed by Lincoln, Washington, 1861. $7,000 to $10,000.
    <b>Swann Auction Galleries Sep 27:</b> <i>Clay and Frelinghuysen,</i> flag banner, circa 1844. $8,000 to $12,000.
    <b>Swann Auction Galleries Sep 27:</b> Daguerreotype of a man believed to be Frederick Granger Williams Smith, son of Joseph Smith, circa late 1850s. $10,000 to $15,000.
    <b>Swann Auction Galleries Sep 27:</b> John C. Wolfe, <i>Portrait of Abraham Lincoln,</i> oil on board in period wooden frame, circa 1860s. $12,000 to $18,000.
    <b>Swann Auction Galleries Sep 27:</b> Francis W. Winton, manuscript on pow-wows with indigenous Canadians, 1881. $15,000 to $25,000.
    <b>Swann Auction Galleries Sep 27:</b> Family letters from two young daguerreotype artists, 1826-79. $10,000 to $15,000.
  • <b>Leland Little: Important Fall Auction. September 22, 2018</b>
    <b>Leland Little, Sep. 22:</b> Published Half Plate Ambrotype of a North Carolina Confederate Officer. $2,000 to $4,000
    <b>Leland Little, Sep. 22:</b> Two 19th Century Books Pertaining to Canada's Red River Settlement. $400 to $800
    <b>Leland Little, Sep. 22:</b> Two Books With Fore-Edge Paintings of British Architectual Landmarks. $400 to $600
    <b>Leland Little: Important Fall Auction. September 22, 2018</b>
    <b>Leland Little, Sep. 22:</b> Andy Warhol (American, 1928-1987), "Torte a la Dobosch" from <i>Wild Raspberries</i>. $1,000 to $3,000
    <b>Leland Little, Sep. 22:</b> Keith Haring (American, 1958-1990), <i>Pop Shop II,</i> One Plate screenprint in colors, on wove paper, 1998. $8,000 to $12,000
    <b>Leland Little, Sep. 22:</b> Thomas Rowlandson (British, 1756-1827), Twenty-Two Prints from the <i>Tours of Dr. Syntax</i>. $500 to $1,000
  • <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>

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