Rare Book Monthly

Articles - July - 2014 Issue

Apple Settles Its eBook Case Before Its Time

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In a bizarre twist of events in the Apple eBooks case, Apple has negotiated a payment settlement with those harmed by its alleged price fixing, even as it continues to contest the claim they ever fixed any prices in the first place. This is akin to a defendant negotiating the length of his prison term before being convicted. It is sort of putting the cart before the horse.

 

A couple of years ago, Apple and five book publishers were charged with conspiracy to fix the prices of electronic books. The charge was that they all agreed to demand sellers raise their retail prices of certain books. The idea was to prevent Amazon undercutting the prices at which Apple wanted to sell, and the prices the publishers wanted consumers to pay for eBooks. The publishers allegedly raised the required retail selling prices, while Apple was said to be the “ringleader” that orchestrated the joint action by the five publishers.

 

The publishers all eventually settled their cases, agreeing to make payments to consumers for overcharging. Apple, however, fought the charges in court. They lost. Apple appealed. Meanwhile, the court authorized a second trial, one to determine how much Apple would have to pay.

 

Apple requested this second trial to determine damages be put on hold pending the outcome of their appeal. However, something unexpected has intervened. The parties, including Apple, various state attorneys general, and others concerned, have reached a settlement on the amount Apple must pay if they lose their appeal. The amount of that settlement is sealed. Its actual application remains uncertain. The settlement will remain sealed pending the outcome of the appeal. If Apple wins the appeal, the settlement will likely get tossed in the trash. If Apple loses the appeal, then the settlement will be unsealed and those entitled to damages will be able to begin the process of collecting them. Of course there is one other possibility – the losing party could appeal to the Supreme Court, but the Supreme Court does not accept most appeals.

 

What might the settlement provide? I wouldn't quit my day job based on the prospects, though if you purchase a lot of eBooks, and the appeal is denied, you might get dinner and a movie courtesy of Apple. The damage suit asks for $840 million from Apple, some serious change. However, that includes triple damages, and it seems likely that this would be waived in a settlement. Otherwise, why would Apple settle? The five publisher defendants paid around $166 million combined. What that amounted to for readers was a credit of $3.17 for each eBook published by one of the five publishers that appeared on the New York Times bestseller list, and $0.73 for each that did not. They were to be given as credits on future purchases, but the purchaser had the right to receive cash instead.

 

How much additional might they collect from Apple if the appeal is lost? Perhaps a similar amount, maybe more, maybe less. Apple is just one company, not five, but the court did consider Apple the ringleader. That may account for more. And then there is the fact that Apple has enough money to pay whatever anyone wants them to pay and still not notice the difference. They have enough money to give every man, woman, and child in the United States $500. That would be a nice gesture, but Apple didn't get all of that money by tossing it around freely, so one suspects they drove a fairly hard bargain in reaching this “settlement.”

Rare Book Monthly

  • <b>Swann Auction Galleries Mar 10:</b> Francis Scott Key, <i>Star Spangled Banner,</i> first printing, c. 1814-16. $8,000 to $12,000.
    <b>Swann Auction Galleries Mar 10:</b> William Sydney Porter, a.k.a. “O. Henry,” archive of drawings made to illustrate a lost mining memoir, c. 1883-84. $30,000 to $40,000.
    <b>Swann Auction Galleries Mar 10:</b> [Bay Psalm Book], printed for Hezekiah Usher of Boston, Cambridge, c. 1648-65. $50,000 to $75,000.
    <b>Swann Auction Galleries Mar 10:</b> Book of Mormon, first edition, Palmyra, 1830. $40,000 to $60,000.
    <b>Swann Auction Galleries Mar 10:</b> <i>Noticia estraordinario,</i> probable first announcement in Mexico City of the fall of the Alamo, 1836. $40,000 to $60,000.
    <b>Swann Auction Galleries Mar 10:</b> Patrick Gass, first edition of earliest first-hand account of the Lewis and Clarke expedition, Pittsburgh, 1807. $6,000 to $9,000.
    <b>Swann Auction Galleries Mar 10:</b> Diploma from the Princeton Class of 1783, commencement attended by Washington & Continental Congress. $10,000 to $15,000.
    <b>Swann Auction Galleries Mar 10:</b> <i>Sprague Light Cavalry!</i> color-printed broadside, NY, 1863. $5,000 to $7,500.
    <b>Swann Auction Galleries Mar 10:</b> <i>The Lincoln & Johnson Union Campaign Songster,</i> Philadelphia, 1864. $3,000 to $4,000.
    <b>Swann Auction Galleries Mar 10:</b> Lucy Parsons, labor organizer, albumen cabinet card, New York, 1886. $800 to $1,200.
    <b>Swann Auction Galleries Mar 10:</b> Daniel L.F. Swift, journal as third mate on a Pacific Whaling voyage, 1848-1850. $3,000 to $4,0000.
    <b>Swann Auction Galleries Mar 10:</b> Two photos of Thomas Moran, Grand Canyon, silver prints, 1901. $1,500 to $2,500.
  • <b>Morton Subastas, Feb 25:</b> Nebel, Carl. The War Between the United States and Mexico. New York, 1851. $270,000 - $300,000 MXN / USD $15,000 - $16,666
    <b>Morton Subastas, Feb 25:</b> Nebel, Carl. The War Between the United States and Mexico. New York, 1851. $270,000 - $300,000 MXN / USD $15,000 - $16,666
    <b>Morton Subastas, Feb 25:</b> Bolaños, Joaquín. La Portentosa Vida de la Muerte... (“The Portentous Life of Death”) México, 1792. $50,000 - $60,000 MXN / USD $2,777 - $3,333
    <b>Morton Subastas, Feb 25:</b> Tratado de Paz… entre la República Mexicana y los Estados Unidos. (“Treaty of Peace… Between the Mexican Republic and the United States”) 1848. $80,000 - $90,000 MXN / USD $4,444 - $5,000
    <b>Morton Subastas, Feb 25:</b> Fabregat, Josep Joaquín. Vista de la Plaza de México… (“View of the Square of Mexico”) México, 1797. $60,000 - $100,000 MXN / USD $3,333 - $5,555
    <b>Morton Subastas, Feb 25:</b> Hidalgo y Costilla, Miguel. Invitación al Coronel Narciso de la Canal… (“Invitation to Coronel Narciso de la Canal…”) 1810. $170,000 - $200,000 MXN / USD $9,444 - $11,111
    <b>Morton Subastas, Feb 25:</b> Gálvez, Joseph de. Real Cédula de Erección de la Compañía de Filipinas. (“Royal Notice of the Creation of the Company of the Philippines”) 1785. $40,000 - $60,000 MXN / USD $2,222 - $3,333
    <b>Morton Subastas, Feb 25:</b> Colección de Constituciones de los Estados Unidos Mexicanos (“Collection of Constitutions of the United Mexican States”) México, 1828. $50,000 - $60,000 MXN / USD $2,777 - $3,333
    <b>Morton Subastas, Feb 25:</b> Ruelas, Julio. Poemario Manuscrito Ilustrado, Dedicado a Lorencita Braniff (“Collection of Illustrated Poem Manuscripts, Dedicated to Lorencita Braniff”). 1903. $60,000 - $70,000 MXN / USD $3,333 - $3,888
    <b>Morton Subastas, Feb 25:</b> Espinosa de los Monteros, Juan J. Aviso de la Junta Soberana al Público (“Notice of the Sovereign Meeting to the Public”) 1821. $60,000 - $80,000 MXN / USD $3,333 - $4,444
    <b>Morton Subastas, Feb 25:</b> Constitución Federal de los Estados Unidos Mexicanos... (“Federal Constitution of the United Mexican States”) México, 1824. $140,000 - $150,000 MXN / USD $7,777 - $8,333
    <b>Morton Subastas, Feb 25:</b> Alcaraz, Ramón. Apuntes para la Historia de la Guerra entre México y los EU (“Notes on the History of the War between Mexico and the United States”). 1848. $40,000 - $50,000 MXN / USD $2,222 - $2,777
  • <b>Bonhams, Mar. 6:</b> Helvelius. Two Autograph Letters Signed to Francis Aston, Royal Society Secretary, noting his feud with Robert Hooke, 5 pp total, 1685. $70,000 to $100,000.
    <b>Bonhams, Mar. 6:</b> Newton, Isaac. Autograph manuscript on God, 4 pp, c.1710, "In the beginning was the Word...."?$100,000 to $150,000.
    <b>Bonhams, Mar. 6:</b> Beethoven's Ninth Symphony. First edition, first issue. Untrimmed copy in contemporary boards. $30,000 to $50,000.
    <b>Bonhams, Mar. 6:</b> Lincoln, Abraham. Signed photograph, beardless portrait with Civil War provenance. $80,000 to $120,000.
    <b>Bonhams, Mar. 6:</b> IMPEACHMENT. Original engrossed copy of the first Andrew Johnson impeachment resolution vote. $120,000 to $180,000.
    <b>Bonhams, Mar. 6:</b> Mucha, Alphonse. 11 original pencil drawings for?<i>Andelicek z Baroku,</i> "Litte Baroque Angel," Prague, 1929. $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Einstein, Albert. Annotated Galley Proofs for <i>The Meaning of Relativity.</i> 1921. $25,000 to $35,000.
    <b>Bonhams, Mar. 6:</b> Silverstein, Shel. Original maquette for <i>The Giving Tree,</i> 34 original drawings. $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Roth, Philip. Typed Manuscript with substantial autograph corrections for an unpublished sequel to <i>The Breast.</i> $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Taupin, Bernie. Autograph Manuscript, the original draft of lyrics for Elton John's "Candle in the Wind," 2 pp, 1973. $100,000 to $150,000.
    <b>Bonhams, Mar. 6:</b> HARVEY, WILLIAM. <i>De Motu Cordis et Sanguinis in Animalibus Anatomica Exercitatio.</i> Padua: 1643. $12,000 to $18,000.
    <b>Bonhams, Mar. 6:</b> CESALPINO, ANDREA. <i>Peripateticarum Quaestionum Libri Quinque.</i> Venice: 1571. $30,000 to $40,000.
  • <b>ALDE, Feb. 26:</b> Leon TOLSTOÏ. <i>Anna Karenina.</i> Moscou, 1878. First and full edition of the Russian novel, in the author’s language.<br>Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> Mark TWAIN. <i>Adventures of Huckleberry Finn (Tom Sawyer's comrade).</i> New York, 1885. First American edition.<br>Est. 5 000 / 6 000 €
    <b>ALDE, Feb. 26:</b> Walt WHITMAN. <i>Leaves of Grass.</i> Brooklyn, New York, 1856. Second edition gathering 32 poems. Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> Karen BLIXEN. <i>Out of Africa.</i> Londres, 1937. First edition in the UK, before Danish translation and American release.<br>Est. 1 500 / 2 000 €
    <b>ALDE, Feb. 26:</b> Ernest HEMINGWAY. <i>A Farewell to Arms.</i> New York, 1929. First edition with $2.50 on the dust and A on the copyright page.<br>Est. 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> James JOYCE. <i>Ulysses.</i> Paris, Shakespeare and Company, 1922. First edition published by Sylvia Beach. Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> James JOYCE. <i>Dubliners.</i> Londres, 1914. First edition. Nice copy in publisher’s cardboard. Est. 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> Franz KAFKA. 8 novels in German first edition, published in München, Leipzig and Berlin 1916-1931. Est. from 300 / 400 to 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> David Herbert LAWRENCE. <i>Lady Chatterley's Lover.</i> Florence, 1928. Privately printed first edition. Est. 4 000 / 5 000 €
    John STEINBECK. <i>The Grapes of Wrath.</i> New York, 1939. First edition. Nice copy with $2.75 on the cover. Est. 1 000 / 1 200 €
  • <center><b>University Archives<br>Autographs, Books & Relics Including Kerouac Estate<br>& Hemingway<br>February 26, 2020</b>
    <b>University Archives, Feb. 26:</b> Ernest Hemingway's Typewriter Used to Write "A Moveable Feast", Impeccable Provenance From His Biographer A. E. Hotchner. $50,000 to $100,000.
    <b>University Archives, Feb. 26:</b> Samuel Colt, "The Gun that Won the West": 3 Signed Patent Items for "Revolving Cylinder Guns". $40,000 to $50,000.
    <b>University Archives, Feb. 26:</b> Jack Kerouac's Own Typewriter From His Estate Used to Write His Very Last Book. $18,000 to $20,000.
    <center><b>University Archives<br>Autographs, Books & Relics Including Kerouac Estate<br>& Hemingway<br>February 26, 2020</b>
    <b>University Archives, Feb. 26:</b> Rare Force Engraving of the Declaration of Independence Printed in 1848. $15,000 to $18,000.
    <b>University Archives, Feb. 26:</b> Superb Tchaikovsky ALS to Napravnik, 4pp on "Mazeppa". $12,000 to $15,000.
    <b>University Archives, Feb. 26:</b> Wounded Knee Massacre Same Day Eyewitness Account by Participant, "the 7th needn't be ashamed of today's record". $10,000 to $12,000.
    <center><b>University Archives<br>Autographs, Books & Relics Including Kerouac Estate<br>& Hemingway<br>February 26, 2020</b>
    <b>University Archives, Feb. 26:</b> F. Scott Fitzgerald Signed Gordon Bryant Portrait -- Finest Known. $8,000 to $9,000.
    <b>University Archives, Feb. 26:</b> Neil Armstrong ALS on NASA Letterhead Regarding His X-15 Flights. $7,000 to $8,000.
    <b>University Archives, Feb. 26:</b> M. Gandhi Letter: "the life span of human beings is preordained..." -- Fantastic Spiritual Content. $7,000 to $8,000.
    <center><b>University Archives<br>Autographs, Books & Relics Including Kerouac Estate<br>& Hemingway<br>February 26, 2020</b>
    <b>University Archives, Feb. 26:</b> "Damn the torpedoes!" Riveting 24pp ALS of Admiral Farragut's Steward Describing the "Battle of Mobile Bay”. $6,000 to $7,000.
    <b>University Archives, Feb. 26:</b> Abraham Lincoln Signed Order to Suspend Execution. $5,000 to $6,000.
    <b>University Archives, Feb. 26:</b> Napoleon DS Featuring Imperial Eagle and Enormous Great Seal Appointing Norman Politician Baron of the Empire. $4,000 to $5,000.

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