• 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
  • 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

Rare Book Monthly

Articles - November - 2013 Issue

Apple Inc. to Appeal Ebook Price-Fixing Verdict

Apple files notice it will appeal.

Apple, Inc., has officially notified the U. S. Court of Appeals that it intends to appeal the judgment against it in the recent ebook price fixing case. Apple, along with five publishers, was accused of a conspiracy to fix the prices of electronic books by forcing Amazon to raise their charges to levels sought by Apple. Apple wished to join Amazon in selling electronic books online, but did not wish to join their rival in offering them for prices that left little if any room for profit. Amazon is focused on long-term market share, and is willing to forgo profits today for market share tomorrow. Apple wishes to have its cake and eat it too.

 

Apple and the publishers had numerous conversations, and on one day, the publishers all switched to an agency model of pricing. In an agency model, the publisher sets the retail price and all retailers must charge that amount. No one is allowed to discount, as Amazon had been doing. It forced Amazon to raise its prices.

 

While agency pricing may sound like price fixing in itself, it is not. Publishers can force all retailers to charge a minimum price for their books. What they can't do is get together and all agree to adopt the agency model together. That is what the U.S. Department of Justice believed had happened when they all raised prices together, and the D.O.J. believed that Apple was a major instigator of the claimed conspiracy.

 

Ultimately, all of the publishers chose not to fight city hall. They all reached settlements with the D.O.J. Apple did not. Apple contended that it had done no wrong, that it had not conspired with the publishers to set prices. They fought the case in court. They lost.

 

The District Court ruled that Apple had conspired to fix prices. No monetary judgment has yet been set, but the Court did order a monitor be placed in Apple's headquarters to make sure they do not engage in such behavior again. Apple still believes it owes no damages, deserves no monitors. So, on October 3, they officially filed a notice with the Appeals Court of their intent to appeal.

 

Apple has not stated a grounds for its appeal. It has a few months to put the details together. However, they made sure to leave every door open, writing in the notice that it appealed against the injunction and “any and all orders and rulings that were adverse to it.” Some hints of Apple's claims may be gleaned in objections Apple earlier filed with the trial court. Apple claimed that various witnesses they believed helpful to their case were not permitted to testify, certain testimony was disregarded, and incorrect inferences were drawn. This will all undoubtedly come out in greater detail when the appeal itself is filed.

 

An unscientific perusal of articles by legal experts suggests that most believe Apple has a difficult challenge. The consensus appears to be that the decision was well-reasoned and facts clearly established. Nevertheless, Apple will undoubtedly be bringing the best legal minds to the challenge, and no one can better afford an appeal than Apple. Apple earns almost a billion dollars a week and has for a long time been struggling to figure out what to with all of its money. No matter how much it invests in the appeal, it will be barely a drop in the bucket. Having more money than you know what to do with is one of those unusual challenges most of us will never experience.

 

Rare Book Monthly

  • Bonhams, June 25: Vesalius, Andreas. 1514-1564. De humani corporis fabrica libri septem. $200,000 - $300,000
    Bonhams, June 25: Gersdorff, Hans Von. 1455-1529. Feldtbuch der wundartzney. $40,000 - $60,000
    Bonhams, June 25: Pare, Ambroise. C.1509-1590. La Methode Curative des Playes, et Fractures de la Teste humaine. Avec les pourtraits des Instruments necessaires pour la curation d'icelles. $25,000 - $30,000
    Bonhams, June 25: Reisch, Gregor. 1470-1525. Margarita Philosophica. $20,000 - $30,000
    Bonhams, June 25: Bright, Richard. 1789-1858. Reports of Medical Cases, Selected with a View of Illustrating the Symptoms and Cure of Diseases by a Reference to Morbid Anatomy. $12,000 - $18,000
    Bonhams, June 25: Berengario da Carpi, Giacomo. C. 1460-1530. Tractatus de fractura calve sive cranei. $10,000 - $15,000
    Bonhams, June 25: Vicq D'Azyr, Felix. 1748-1794. Traite d'antomie et de physiologie. $8,000 - $12,000
    Bonhams, June 25: Croce, Giovanni Andrea Della. 1509?-1775. Chirurgia libri septem... $8,000 - $12,000
    Bonhams, June 25: Bruno Da Longburgo. 1200-1286. La cyrogia di Maistro Bruno: Expertissimo in quella. Tradutta in vulgare. $8,000 - $12,000
    Bonhams, June 25: Schwann, Theodor. 1810-1882. Mikroskopische Untersuchungen uber die Ubereinstimmung in der Struktur und dem Wachsthum der Thiere und Pflanzen. $8,000 - $12,000
    Bonhams, June 25: Cowper, William. 1666-1709. The Anatomy of Humane Bodies, with Figures Drawn after the Life… $6,000 - $9,000
    Bonhams, June 25: Bidloo, Govard. 1649-1713. Anatomia humani corporis, centum & quinque tabulis, per artificiossis. G. de Lairesse ad vivum delineatis. $6,000 - $9,000
  • 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
  • Bonhams, June 15-25: 18th Century American Sea Captain's Journals of Voyages to Hawaii, China, and South America. $35,000 - $45,000
    Bonhams, June 15-25: Admiral Richard E. Byrd's Autograph Diary from Bolling Advance Base, Winter 1934. $40,000 - $60,000
    Bonhams, June 15-25: Thoreau, Henry David. Walden; Or, Life in the Woods. Boston: Ticknor and Fields, 1854. $4,000 - $6,000
    Bonhams, June 15-25: Cellarius, Andreas. Harmonia macrocosmica seu atlas universalis et novus, totius universi creati cosmographiam generalem, et novam exhibens. $20,000 - $30,000
    Bonhams, June 15-25: Nobelist George Stigler's Copy of Ricardo's Classic on the Science of Economics. $20,000 - $30,000
    Bonhams, June 15-25: Histoire charmante de l'adolescente sucre d'amour. Paris: F. L. Schmied, 1927. $15,000 - $20,000
    Bonhams, June 15-25: Fine Copy of Walras's Classic on the Theory of Marginal Utility. $12,000 - $18,000
    Bonhams, June 15-25: Arion Press Moby Dick. Melville, Herman. $8,000 - $12,000
    Bonhams, June 15-25: Venegas, Miguel. Noticia de la California, y desu conquista temporal, y espiritual hasta el tiempo presente. $7,000 - $9,000
    Bonhams, June 15-25: Carelton Watkins, Yosemite and the West. Portfolio of 21 imperial albumen prints. $6,000 - $9,000
    Bonhams, June 15-25: An Unpublished Archive of Thornton Wilder Correspondence to F.J. O'Neil. $6,000 - $9,000
    Bonhams, June 15-25: Vesalius, Andreas. 1514-1564. Suorum de humani corporis fabrica librorum epitome. $100,000 - $150,000

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