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, May 12:</b> <i>Westvaco–Inspirations for Printers,</i> 3 volumes, 1938-61. $200 to $300.
    <b>Swann Auction Galleries, May 12:</b> Proef van Letteren, <i>Welk gegooten worden in de Nieuwe Haerlemsche Lettergietery,</i> 1768. $3,000 to $4,000.
    <b>Swann Auction Galleries, May 12:</b> Paul Klee, <i>Bauhaus Ausstellung Juli – Sept.,</i> Weimar, 1923. $4,000 to $6,000.
    <b>Swann Auction Galleries, May 12:</b> Michel Seuphor & Jozef Peeters, <i>Het Overzicht Nos.</i> 22-23-24, Antwerp, 1922. $3,000 to $4,000.
    <b>Swann Auction Galleries, May 12:</b> Wolfrum & Co., <i>Modern Graphik, Serie I…,</i> complete portfolio, 1909. $1,200 to $1,800.
    <b>Swann Auction Galleries, May 12:</b> <i>Gravure et Fonderie deC. Derriey: Specimen-Album,</i> Paris, 1862. $5,000 to $7,500.
  • <b><center>Sotheby’s<br>Science: Books and Manuscripts<br>15-25 May 2021</b>
    <b>Sotheby’s, 15-25 May:</b> Mary Anning. Autograph letter signed, to William Buckland, 24 November 1834. £50,000 to £70,000.
    <b>Sotheby’s, 15-25 May:</b> Bolyai. <i>Scientiam spatii absolute veram exhibens,</i> Maros Vásárhelyi, 1832-1833, 2 volumes, half calf. £50,000 to £70,000.
    <b>Sotheby’s, 15-25 May:</b> Vesalius.<br><i>De humani corporis fabrica,</i> Basel, 1555, modern crushed burgundy morocco. £15,000 to £20,000.
    <b><center>Sotheby’s<br>Science: Books and Manuscripts<br>15-25 May 2021</b>
    <b>Sotheby’s, 15-25 May:</b> Copernicus.<br><i>De revolutionibus orbium coelestium,</i> Nuremberg, 1543, later boards, Rostock duplicate. £70,000 to £100,000.
    <b>Sotheby’s, 15-25 May:</b> Payan-Dumoulin. Profusely illustrated manuscript of fossils, France, c.1875-1979. £15,000 to £20,000.
    <b>Sotheby’s, 15-25 May:</b> Albert Einstein. Autograph letter signed, to his son Albert, 4 November [1915]. £10,000 to £15,000.
  • <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Alken (Henry), after. Salmon Fishing; Fishing in a Punt; Pike Fishing, three works, 1820. £600 to £800.
    <b>Forum Auctions, May 20:</b> Early Images of Angling.- Hollar (Wenceslaus) Angling; River Fishing; and Salmon Fishing, after Francis Barlow, 3 engravings, [c. 1671]. £500 to £700.
    <b>Forum Auctions, May 20:</b> Rolfe (Henry Leonidas). <i>Studies of Fresh Water Fish,</i> 1851. £500 to £700.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Morland (George), After. A Party Angling; The Anglers' Repast, a pair, mezzotints, 1789. £400 to £600.
    <b>Forum Auctions, May 20:</b> Pollard (James), After. Bottom Fishing; Anglers Packing Up, etchings with aquatint, 1831. £400 to £600.
    <b>Forum Auctions, May 20:</b> Angling's Age of Romance.- Sayer (Robert, publisher) & J. Bennett. The Angelic Angler, mezzotint, 1781; and another. £300 to £400.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Fishing Satire.- London.- Roberts (Piercy). Patience at Paddington or angling in the Junction Canal, etching after Woodward, 1807; together with Woodward's 'Angling at Sadler's Wells', and another, 1794. £300 to £400.
    <b>Forum Auctions, May 20:</b> Fishing Satire - Cats Fishing.- Seymour (Robert). Waltonizing or - Green-land Fisherman, [c. 1830s]; together with 3 lithographs of cats fishing, [c. 1830s]. £300 to £400.
    <b>Forum Auctions, May 20:</b> Fishing Portraits.- Zoffany (Johan), After. Master James Sayer, at the age of 13, mezzotint by Richard Houston, 1772. £300 to £400.
    <center><b>Forum Auctions<br>Images of Angling:<br>The David Beazley Collection<br>of Angling Prints<br>Online Sale<br>20th May 2021</b>
    <b>Forum Auctions, May 20:</b> Wilkinson (Norman). Come to Britain for Fishing, lithographic poster, [c. 1947]. £300 to £400.
    <b>Forum Auctions, May 20:</b> Scottish Fishing.- Heath (William). Sporting in the Scottish Isles no. III. Salmon Fishing, 1835; and another. £150 to £200.
    <b>Forum Auctions, May 20:</b> Simpson (Joseph). The Border Angler, drypoint, [c. 1927]. £150 to £200.

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