• Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 19: Lot 70 - Warner (Robert). The Orchid Album, 11 volumes, 1882-1897. £5,000 to £8,000
    Dominic Winter, June 19: Lot 151 - United States. Melish (John), Map of the United States with..., British & Spanish Possessions, 1816. £40,000 to £60,000
    Dominic Winter, June 19: Lot 159 - World. Speed (John), A New and Accurat Map of the World, 1676. £4,000 to £6,000.
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 503 - American Civil War playing cards. Union Cards, New York: American Card Co., 1862. £500 to £800
    Dominic Winter, June 20: Lot 573 - Shepard (Ernest Howard), 'The Hour is Come’, original watercolour, [1959]. £10,000 to £15,000
    Dominic Winter, June 20: Lot 922 - Wilde (Oscar). An Ideal Husband, large paper limited issue, 1899. £4,000 to £6,000
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 744 - Disney (Walt). “Sketch Book” [of Snow White and the Seven Dwarfs], 1938. £700 to £1,000
    Dominic Winter, June 20: Lot 771 - Auden (Wystan Hugh). Portrait of the head of W. H. Auden, 1970. £1,000 to £1,500
    Dominic Winter, June 20: Lot 822 - Fleming (Ian). Goldfinger, 1st edition, signed by the author, 1959. £6,000 to £8,000
    Dominic Winter Auctioneers
    Auctions on June 19
    and June 20
    Dominic Winter, June 20: Lot 895 - Rowling (J. K.). A complete inscribed set of Harry Potter books plus ephemera. £8,000 to £12,0000
    Dominic Winter, June 20: Lot 883 - Orwell (George). Nineteen Eighty-Four, 1st edition, London: Secker & Warburg, 1949. £3,000 to £5,000
    Dominic Winter, June 20: Lot 700 - Ashendene Press. T. Lucreti Cari De Rerium Natura Libri Sex, Chelsea: Ashendene Press, 1913. £4,000 to £6,000
  • Doyle, June 20: CLAUDE MCKA. Home to Harlem. New York: Harpers, 1928. First edition. $700 to $1,000.
    Doyle, June 20: Haydn's VI Original Canzonettas, signed by the composer. $4,000 to $6,000.
    Doyle, June 20: A rare EP sleeve inscribed by John Lennon. $800 to $1,200.
    Doyle, June 20: An extremely rare 1961 concert set list and autograph letter from The King. $7,000 to $10,000.
    Doyle, June 20: Bryan Batt's copy of the Mad Men Yearbook, 2008-2014. $600 to $800.
    Doyle, June 20: An original Al Hirschfeld depicting comedian Fred Allen. $1,000 to $1,500.
    Doyle, June 20: A signed note from George Gershwin with reference to Porgy and Bess. $1,000 to $1,500.
    Doyle, June 20: An original Harold Arlen manuscript musical quotation from "Over the Rainbow.” $1,000 to $1,500.
    Doyle, June 20: A fine original Edith Head sketch for Grace Kelly's wedding trousseau. $3,000 to $5,000.
    Doyle, June 20: The poster for New Faces with inscriptions and the signature of Eartha Kitt. $200 to $300.
    Doyle, June 20: The classic "Jazz" Bowl by Viktor Schreckengost for Cowan Pottery. $15,000 to $25,000.
    Doyle, June 20: Tony Award Medallion won for "Kismet." $3,000 to $5,000.
  • Doyle, June 18: Stephen Sondheim's personalized Sweeney Todd asylum coat and jacket. $400 to $600.
    Doyle, June 18: Twelve Posters for Stephen Sondheim Musicals. $400 to $600.
    Doyle, June 18: Stephen Sondheim's Gold Record for the soundtrack to West Side Story. $1,000 to $1,500.
    Doyle, June 18: A manuscript musical quotation from Passion. The quotation headed "Tranquillo" above the music, the lyrics are also written out: "lov-ing you is not a choice, it's who I am..." 11 x 14 inches. $800 to $1,200.
    Doyle, June 18: Stephen Sondheim's retained set of The Sondheim Review. Comprising a complete run of Volume 1, Number 1 (Summer 1994) to Volume XXI, Number 4 (Fall 2015). $500 to $800.
    Doyle, June 18: Five amusing Victorian-era game boards, including Snakes and Ladders. $200 to $300.
    Doyle, June 18: A cased tabletop croquet set and two horse racing games. $300 to $500.
    Doyle, June 18: Four Posters Related to Various Sondheim Productions. $300 to $500.
    Doyle, June 18: The rare first American edition of The Phantom of the Opera. $100 to $200.
  • Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: ROALD AMUNDSEN: PHOTO of «Fram» SIGNED by 17 members of the South Pole Expedition, Including Amundsen. €6,900 to €8,600.
    Sagen & Delås, June 15: ROALD AMUNDSEN: «Sydpolen», 1912. IN PARTS. €1,280 to €2,150.
    Sagen & Delås, June 15: JEAN-BAPTISTE CHARCOT: «Expédition Antarctique Francaise […] 1903-1905. », 1906. RARE, SIGNED. €2,100 to €3,400.
    Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: FREDERICK A. COOK: «Through the first Antarctic Night 1898-1899. […]», 1900. First LIMITED & SIGNED edition. €2,100 to €3,400.
    Sagen & Delås, June 15: JAPANESE ANTARCTIC EXPEDITION UNDER NOBU SHIRASE: «Watashi no Nankyoku Tanken-ki», 1942. Publisher's wrappers. €1,280 to €2,135.
    Sagen & Delås, June 15: FRIDTJOF NANSEN: «Fram over Polhavet», 1897. LOT - 6 Variant bindings. €1,250 to €2,100.
    Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: ABRAHAM ORTELIUS: «Septentrionalium Regionum Descrip», 1570. Beautiful handcoloured first state map. €2,950 to €3,800.
    Sagen & Delås, June 15: SCOTTISH NATIONAL ANTARCTIC EXPEDITION: [W. S. BRUCE]: «Life in the Antarctic», 1907. 2 copies in wrappers. €85 to €250.
    Sagen & Delås, June 15: ERNEST SHACKLETON: «The British Antarctic Expedition, 1907-9», 1909. Publisher's wrappers. €510 to €1,025.
    Sagen & Delås Auctions
    Towards the Poles: Accounts of Polar Exploration
    June 15, 2024
    Sagen & Delås, June 15: ERNEST SHACKLETON: «South», 1919. An attractive copy in publisher's cloth. €2,550 to €4,265.
    Sagen & Delås, June 15: UNITED STATES EXPLORING EXPEDITION UNDER CHARLES WILKES (1838-1842): «Narrative of the United States Exploring Expedition», 1845. €3,400 to €5,100.
    Sagen & Delås, June 15: HUBERT WILKINS: «Under the North Pole», 1931 | CONTRIBUTORS EDITION - LIMITED TO 29 COPIES. €1,280 to €2,550.

Rare Book Monthly

Articles - August - 2013 Issue

Apple Convicted for Role in E-Books Price Fixing Scheme

The closing slide from Apple's unsuccessful presentation in court.

The last man standing has fallen in the government's lawsuit over price fixing of electronic books. Unlike its partners in “crime,” Apple did not go down without a fight. Indeed, Apple says it will try to rise off the mat to go another round. For the moment anyway, the bell has rung and the U.S. Department of Justice has swept through each round and the judge has awarded it a lopsided decision.

The government's suit alleged that Apple conspired with five book publishers to thwart competition, resulting in higher prices of e-books for the book-buying public. Here are the basics of what happened. A few years ago, when e-books were new, Amazon began to offer them for sale. Amazon likes to dominate a market, and is willing to forgo current profits to become the market leader. So, Amazon bought the publishers' e-books, but sold them at cutthroat prices. Their prices left little room for profit. Some were sold at a loss. It didn't matter to Amazon. They were not out to make a dollar today. They were out to become the runaway leader in selling electronic books, the one place customers would turn when they wanted one. Profits could come later.

You might think the publishers would be laughing all the way to the bank. Cheap prices encourage more sales, but those discounts came at Amazon's expense. The publishers were getting their full price. Nevertheless, if you thought that, you were wrong. The publishers were not pleased at all. They wanted e-books to reach new customers, not the old print book buyers. The publishers make more money on a printed book than an e-book. If Amazon's super low prices ended up stealing away print book buyers, publishers feared their margins per book would fall. They wanted e-books to be an alternative method for people to buy books, not a cheaper one. They wanted Amazon to raise prices. Amazon, on the other hand, wanted to keep their prices low to discourage competition on the retail side.

When one of the publishers tried to force Amazon to sell at higher prices. Amazon threatened to stop buying their books entirely. The publisher relented. Amazon had become too powerful to take on alone.

Into this milieu stepped Apple, the giant computer, smart phone, i-this and i-that maker. Apple wanted to offer e-books for sale, but unlike Amazon, Apple does not want to wait to make profits. It wants to make them now. There was no way Apple could be competitive with Amazon on price and make money. The firm relayed its distress to the publishers. A different pricing model, however, would cure this problem. If the publishers switched to so-called agency pricing, where the publisher dictates the retail price rather than the retailer, Apple would be able to compete on price. If Apple could compete on price, it meant prices would go up, and customers would be less likely to buy cheaper e-books instead of higher priced printed books. This idea looked good to both the publishers and Apple.

Exactly what happened next was the subject of dispute. Apple held negotiations with the various publishers. The publishers switched to agency pricing. When the first publisher switched, Amazon said it would stop buying their books. When they all did, Amazon could no longer afford to pull the plug. They would have lost access to too many titles, meaning e-book buyers would turn to other retailers to buy their books. That was exactly what Amazon wanted to avoid. It had no choice but to give in and agree to sell e-books at the higher “agency” prices.

Now, there is nothing illegal about publishers employing an agency model, even if it does eliminate price competition among retailers. That is not considered price fixing. However, when several publishers get together and all agree to adopt agency pricing, that is considered illegal collusion and price fixing. That is what the Department of Justice alleged. And the instigator, or “ringmaster” to use their term, they said was none other than Apple.

The Department of Justice claimed that Apple was managing a conspiracy whereby each of the publishers would switch to agency pricing. And so they all did, at the same time, change to agency pricing. Apple was able to sell their books, and Amazon was forced to raise the price of books they sold, often from $9.99 to $12.99 or $14.99.

Apple responded that all they did was negotiate with individual publishers for terms that they felt would allow them to sell their books. They were in no way encouraging a concerted action on the publishers' part, said Apple. Judge Denise Cote looked at the evidence, including comments attributed to late Apple CEO Steve Jobs in his biography, and concluded otherwise.

In her decision, Judge Cote wrote that the publishers were already seeking a way to collectively raise prices, as they knew Amazon could effectively retaliate against the first who tried. When approached by Apple, all parties immediately recognized a common interest in having higher prices. “Apple seized the moment and brilliantly played its hand,” she wrote. “With a full appreciation of each other’s interests, Apple and the Publisher Defendants agreed to work together to eliminate retail price competition in the e-book market and raise the price of e-books above $9.99.” Guilty as charged.

The publishers long ago threw in the towel and agreed to settle with the Department of Justice. They were assessed hefty fines, but the damage could have been much worse if they fought and lost. One reluctantly settling publisher noted the potential damages in a loss would put them out of business, too great a risk to continue the fight. By continuing to fight, Apple risks a large financial judgment, but with $150 billion in the bank, even the worst outcome will not materially harm their business. As a result, Apple immediately announced that it would fight on. They will take the case to the Court of Appeals, and if this is unsuccessful, they will have one more option – take it all the way to the Supreme Court. Most legal commentators do not believe the odds are in Apple's favor, but some believe they have a shot. The problem for Apple is cases are generally overturned because a higher court believes the lower court did not correctly apply the law. In this case, the dispute is not so much over the law as it is over the facts – did or did not Apple act as a “ringmaster” who led the five publishers to all take some action? Hoping a higher court will reach a different factual conclusion from the same evidence is a tougher challenge, but Apple is a company with the resources to take on even the toughest challenge.

Unrelated Addendum for those who read this far: Admittedly, this has nothing to do with books, but if you think Apple has legal problems with e-books, that is nothing compared to a lawsuit initiated by a buyer of an Apple computer from Tennessee. This customer has demanded that Apple sell its computers in “safe mode,” preset to block pornographic sites, along with paying him something in excess of $75,000. After a thorough description of the horrors pornography has inflicted on society, he tells his own sad tale. One day when he was trying to find Facebook, he accidentally hit two wrong keys. Here is what he typed, leaving the erroneous keys blank: f_c_book. We will leave it to your imagination what letters he accidentally typed besides the “a” and “e” of “face” in those two blanks. I can say that I checked out my keyboard, and discovered “a” is nowhere near “u,” and “e” is nowhere near “k.”

After that, it was all downhill. The complaint states, “The Plaintiff began to prefer the cyber beauties over his wife, which caused his marriage to fail. His wife abducted his son and disappeared, which was a subsequent consequence of Apple's decision to sell its computers not in 'safe mode.'” The complaint continues that the plaintiff, a member of the always chaste music profession, had previously “never seen pornographic images.”

The Tennessean goes on to explain, “When the Plaintiff bought his Apple Mac Book, no one at apple's store warned him that looking at pornographic images and videos could cause addictions to include arousal addiction or that the device could be the gateway to accessing content that could cause a rewiring of his brain, which lead to the demise of his family, unemployment, and unwanted changes in life style.” On this point I am in his corner. I have been to Apple stores and the salesmen absolutely do not make this warning. I must also agree with his claim that Apple knows full well “that the internet is loaded with porn.”

He later claims that the pictures “caused a release of dopamines and endorphins” which addicted him. On this one I will pass – not all that up on the science stuff. Neither would I pose as a legal expert. Nevertheless, I think this will be a tough case for the plaintiff to win. Sometimes you just have to take responsibility for your own behavior. You lose some but you win some, and on this case, I forecast an Apple victory in court.

Rare Book Monthly

  • Old World Auctions (Jun 5-19):
    Lot 4. Blaeu's Magnificent Carte-a-Figures World Map in Full Contemporary Color (1642) Est. $12,000 - $15,000
    Old World Auctions (Jun 5-19):
    Lot 125. 1775 Edition of the Landmark Fry-Jefferson Map of Virginia and Maryland (1775) Est. $15,000 - $18,000
    Old World Auctions (Jun 5-19):
    Lot 673. Rare Frontispiece in Full Contemporary Color with Gilt Highlights (1662) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 717. Complete Tanner Atlas with Important Maps of Texas & Iowa (1845) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 3. Henricus Hondius' Baroque-Style World Map (1641) Est. $9,500 - $11,000
    Old World Auctions (Jun 5-19):
    Lot 258. Complete Set of De Bry's Native Virginians & Picts from Part I of Grands Voyages (1608) Est. $2,750 - $3,500
    Old World Auctions (Jun 5-19):
    Lot 608. Superb Work on 18th Century Russia with over 100 Maps and Plates (1788) Est. $3,500 - $4,250
    Old World Auctions (Jun 5-19):
    Lot 49. One of the Most Important 16th Century Maps of the New World (1556) Est. $5,000 - $6,000
    Old World Auctions (Jun 5-19):
    Lot 706. Superb Image of the Annunciation in Contemporary Hand Color (1518) Est. $900 - $1,100
    Old World Auctions (Jun 5-19):
    Lot 123. One of the Earliest Maps to Show Philadelphia (1695) Est. $4,000 - $4,750
    Old World Auctions (Jun 5-19):
    Lot 631. One of the Earliest Printed Maps of Afghanistan & Pakistan (1482) Est. $1,900 - $2,200
    Old World Auctions (Jun 5-19):
    Lot 689. Proof Copy Engraving of the Senate Floor During the Compromise of 1850 (1855) Est. $1,500 - $1,800
  • Heritage Auctions, June 27
    F. Scott Fitzgerald
    The Great Gatsby
    New York: Charles Scribner's Sons, 1925
    Heritage Auctions, June 27
    Mary Shelley
    Frankenstein: or, The Modern Prometheus
    London: Lackington, Hughes, Harding, Mavor, & Jones, 1818
    Heritage Auctions, June 27
    J. R. R. Tolkien
    The Hobbit; or, There and Back Again
    London: George Allen & Unwin Ltd., 1937
    Heritage Auctions, June 27
    Jane Austen
    Emma: A Novel. In Three Volumes. By the Author of "Pride and Prejudice," &c. &c.
    London: Printed for John Murray, 1816
    Heritage Auctions, June 27
    Robert Louis Stevenson
    An Inland Voyage
    London: C. Kegan Paul & Co., 1878
    Heritage Auctions, June 27
    Ernest Hemingway
    Three Stories & Ten Poems
    Paris: Contact Publishing Co., 1923
    Heritage Auctions, June 27
    Meriwether Lewis and William Clark
    History of the Expedition under the Command of Captains Lewis and Clark
    Philadelphia, 1814
    Heritage Auctions, June 27
    Emily Dickinson
    Autograph letter signed ("Emily and Vinnie"), to Mary Adelaide Hills
    Amherst, MA, Late April, 1880
    Heritage Auctions, June 27
    John Keats
    Autograph letter signed ("John Keats"), to Mrs. Jeffrey
    Honiton 4 or 5 May 1818
    Heritage Auctions, June 27
    Samuel Johnson
    A Dictionary of the English Language: In which the Words are deduced from their Originals…
    London, 1765
    Heritage Auctions, June 27
    H. P. Lovecraft
    Small archive of nine lengthy autograph letters signed variously over a period of six years to J. Vernon Shea.
    Various places, 1931-1937
    Heritage Auctions, June 27
    Izaak Walton
    The Compleat Angler or the Contemplative Man's Recreation…
    London: T. homas Maxey for Rich. ard Marriot, 1653
  • Freeman’s | Hindman, June 25: [Keats, John] Spenser, Edmund: The Works of that Famous English Poet, Mr. Edmond Spenser. $50,000 - $80,000.
    Freeman’s | Hindman, June 25: (Walton, Izaak): The Compleat Angler or the Contemplative man's Recreation. Being a Discourse of Fish and Fishing. $30,000 - $50,000.
    Freeman’s | Hindman, June 25: Thomas, Gabriel: An Historical and Geographical Account of the Province and Country of Pensilvania; and of West-New-Jersey in America. $25,000 - $35,000.
    Freeman’s | Hindman, June 25: [Carroll, Lewis]: The Game of Alice in Wonderland. $2,000 - $3,000.
    Freeman’s | Hindman, June 25: Athias, Joseph, et al.: Biblia Hebraica. $7,000 - $10,000.
    Freeman’s | Hindman, June 25: [Warhol, Andy, and Jens Quistgaard] Dansk Designs Salesman's Presentation Catalogue. $2,500 - $3,500.
  • Sotheby’s, June 26: Poe, Edgar Allan. Tamerlane — the most poignant rarity in American literature. 400,000 - 600,000 USD
    Sotheby’s, June 26: The Declaration of Independence. "We hold these truths to be self-evident, that all men are created equal..." 2,500,000 - 5,000,000 USD
    Sotheby’s, June 26: William Blake. “Poems with very wild and interesting pictures” 1,200,000 - 1,800,000 USD
    Sotheby’s, June 26: Thomas Taylor [artist]. The original cover art for Harry Potter and the Philosopher’s Stone. 400,000 - 600,000 USD

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