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

  • <center><b>Swann Auction Galleries<br>Graphic Design<br>May 19, 2022</b>
    <b>Swann May 19:</b> Adolphe Mouron Cassandre, <i>Triplex,</i> pencil maquette, 1930. $25,000 to $35,000.
    <b>Swann May 19:</b> Claude Fayette Brandon, <i>The Chap Book,</i> circa 1895. $3,000 to $4,000.
    <b>Swann May 19:</b> Various Artists, a complete set of <i>Das Plakat,</i> set of 10 hardcover volumes, 1912-21. $25,000 to $35,000.
    <b>Swann May 19:</b> Javier Gómez Acebo & Máximo Viejo Santamarta, <i>San Sebastian / XI Circuitto Automovilista,</i> 1935. $10,000 to $15,000.
    <b>Swann May 19:</b> Ephraim Moses Lilien, <i>Berliner Tageblatt,</i> circa 1899. $12,000 to $18,000.
  • <b><center>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>26th May 2022</b>
    <b>Forum, May 26:</b> Birds.- Gould (John). <i>The Birds of Great Britain,</i> 5 vol., first edition, [1862-]1873. £40,000 to £60,000.
    <b>Forum, May 26:</b> Canadiana.- Cockburn (Maj. Gen. James Pattison, 1779-1847), After. [Six Landscape of Quebec City and Six Views of Niagara Falls], 2 suites in 1 vol., comprising 12 aquatints, 1833. £30,000 to £40,000.
    <b>Forum, May 26:</b> Joyce (James). <i>Ulysses,</i> number 218 of 150 copies on verge d'arches, Paris, Shakespeare & Company, 1922. £15,000 to £20,000.
    <b><center>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>26th May 2022</b>
    <b>Forum, May 26:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> first paperback edition, signed by the author, 1997. £15,000 to £20,000.
    <b>Forum, May 26:</b> Du Maurier (Daphne). <i>Rebecca,</i> first edition, signed presentation inscription from the author to her governess, 1938. £12,000 to £18,000.
    <b>Forum, May 26:</b> Magna Carta.- An exact copy of King John's Great Charter of 1215, transcribed from the fire damaged but legible manuscript in the Cottonian Library, British Library, J. Pine, 1733. £10,000 to £15,000.
    <b><center>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>26th May 2022</b>
    <b>Forum, May 26:</b> Woolf (Virginia). <i>Mrs Dalloway,</i> first edition, Hogarth Press, 1925. £10,000 to £15,000.
    <b>Forum, May 26:</b> Tudor exiles opposed to the Marian regime.- Mary I (Queen of England) Letter signed "Marye the Quene" to Lord Paget, signed at head, titled at head "By the King and Quene", 1556. £8,000 to £10,000.
    <b>Forum, May 26:</b> America.- Newfoundland.- Whitbourne (Sir Richard). <i>A discourse and discouery of Nevv-found-land…,</i> second edition, By Felix Kingston, 1622. £6,000 to £8,000.
    <b><center>Forum Auctions<br>Fine Books, Manuscripts and Works on Paper<br>26th May 2022</b>
    <b>Forum, May 26:</b> Cervantès Saavedra (Miguel de). <i>El Ingenioso Hidalgo Do Quixote de la Mancha,</i> 4 vol., Madrid, Por Don Joaquin Ibarra, 1780. £5,000 to £7,000.
    <b>Forum, May 26:</b> Stubbs (George). <i>The Anatomy of the Horse,</i> first edition, first issue, Printed by J. Purser, for the Author, 1766. £6,000 to £8,000.
    <b>Forum, May 26:</b> Cardiology.- Lower (Richard). <i>Tractatus de Corde item De Motu & Colore Sanguinus et Chyli in cum Transitu,</i> first edition, 1669. £5,000 to £7,000.
  • <center><b>Ketterer Rare Books<br>Auction on May 30</b>
    <b>Ketterer Rare Books, May 30:</b><br>Initial A on vellum, Cologne around 1300. Est: €25,000
    <b>Ketterer Rare Books, May 30:</b><br>J. Androuet du Cerceau, <i> Bastiments de France,</i> 1607. Est: €12,000
    <b>Ketterer Rare Books, May 30:</b><br>E. Cerillo, <i>Dipinti murali di Pompei,</i> 1886. Est: €2,500
    <center><b>Ketterer Rare Books<br>Auction on May 30</b>
    <b>Ketterer Rare Books, May 30:</b><br>L. de Austria, <i>Compilatio de astrorum scientia,</i> 1489. Est: €9,000
    <b>Ketterer Rare Books, May 30:</b><br>B. Besler, <i>Hortus Eystettensis,</i> around 1750. Est: €50,000
    <b>Ketterer Rare Books, May 30:</b><br><i>PAN,</i> 1895-1900. Est: €15,000
    <center><b>Ketterer Rare Books<br>Auction on May 30</b>
    <b>Ketterer Rare Books, May 30:</b><br>F. Colonna, <i>Hypnerotomachia Poliphili,</i> 1545. Est: €40,000
    <b>Ketterer Rare Books, May 30:</b><br>F. Schiller, <i>Die Räuber,</i> 1781. Est: €12,000
    <b>Ketterer Rare Books, May 30:</b><br>J. Albers, <i>Formulation : Articulation,</i> 1972. Est: €18,000
    <center><b>Ketterer Rare Books<br>Auction on May 30</b>
    <b>Ketterer Rare Books, May 30:</b><br>G. B. Ramusio, <i>Delle navigationi e viaggi,</i> 1556-1613. Est: €14,000
    <b>Ketterer Rare Books, May 30:</b><br>M. Wied Neuwied, <i>Reise in das Innere Nord-America,</i> 1839-41. Est: €12,000
    <b>Ketterer Rare Books, May 30:</b><br>E. Paolozzi, <i>Bunk,</i> 1972. Est: €25,000
  • <b><center>Sotheby’s<br> The Library of Henry Rogers<br>Broughton, 2nd Baron Fairhaven<br>Part I<br>18 May 2022</b>
    <b>Sotheby’s, May 18:</b> John James Audubon and James Bachman. <i>The Viviparous Quadrupeds of North America.</i> New York: J.J. Audubon, 1845-1848. £150,000 to £250,000.
    <b>Sotheby’s, May 18:</b> Thomas and William Daniell. <i>Oriental Scenery,</i> London, 1795-1807 [but 1841], 6 parts in 3 volumes, folio. £150,000 to £200,000.
    <b>Sotheby’s, May 18:</b> Mark Catesby. <i>The natural history of Carolina, Florida and the Bahama Islands...</i> London, 1731-1743, 2 volumes. £100,000 to £150,000.
    <b>Sotheby’s, May 18:</b> Gould and Lear. <i>A monograph of the Ramphastidae,</i> 1854; <i>Illustrations of the family of Psittacidae,</i> 1832. £60,000 to £90,000.

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