• <center><b>Sotheby’s<br>Fine Books and Manuscripts Online<br>Now through June 21</b>
    <b>Sotheby’s Online, June 21:</b> THOREAU, HENRY DAVID. <i> Walden: or, Life in the Woods.</i> Boston: Ticknor and Fields, 1854. $15,000 to $20,000
    <b>Sotheby’s Online, June 21:</b> BUKOWSKI, CHARLES. Archive of Correspondence Addressed to Kay "Kaja" Johnson, Los Angeles, California: July – November 1961. $20,000 to $30,000
    <b>Sotheby’s Online, June 21:</b> DICKENS, CHARLES, AND GEORGE CRUIKSHANK [ILLUSTRATOR]. Unpublished autograph letter signed, to Cruikshank, completed on the artist's proof, related to the publication of The Pic-Nic Papers. $7,000 to $10,000
    <center><b>Sotheby’s<br>Fine Books and Manuscripts Online<br>Now through June 21</b>
    <b>Sotheby’s Online, June 21:</b> FEYNMAN, RICHARD. <i>"Surely You’re Joking Mr. Feynman!" Adventures of a Curious Character.</i> As Told to Ralph Leighton. New York: W.W. Norton & Co., 1985. $12,000 to $18,000
    <b>Sotheby’s Online, June 21:</b> GERSHWIN, GEORGE. Autograph music manuscript of "Leavin’ for de Promise’ Lan’" from the opera Porgy and Bess, Act One Scene Two. $25,000 to $35,000
    <b>Sotheby’s Online, June 21:</b> LINCOLN, ABRAHAM. Document signed ("Abraham Lincoln") as sixteenth president, being a military commission for Rufus H. Johnson. $8,000 to $10,000
  • <b>Christie’s Paris:</b> Blaise Cendrars and Fernand Léger, <i>La Fin du monde filmée par l’ange N.-D.,</i> Paris, Editions de la Sirène, 1919
    <b>Christie’s Paris:</b> André Breton, <i>Second manifeste du Surréalisme,</i> Paris, Editions Kra, 1930
    <b>Christie’s Paris:</b> Paul Eluard and Pablo Picasso, <i>La Barre d’appui,</i> Paris, Editions « Cahiers d’Art », 1936
    <b>Christie’s Paris:</b> Blaise Cendrars and Fernand Léger, <i>La Fin du monde filmée par l’ange N.-D.,</i> Paris, Editions de la Sirène, 1919
    <b>Christie’s Paris:</b> Hans Bellmer, <i>Die Puppe,</i> Paris, G.L.M., 1936
    <b>Christie’s Paris:</b> Salvador Dali, <i>La femme visible,</i> Paris, Editions Surréalistes, 1930
  • <b>Chiswick Auctions:</b> Rowling (J.K). <i>Harry Potter and the Philosopher’s Stone,</i> FIRST EDITION, first issue, 1997. £15,000 to £20,000
    <b>Chiswick Auctions, seeking consignments:</b> Thornton (Samuel). <i>A Large Drought of the North Part of China Shewing…the Harbour of Chusan,</i> copper engraved map, 1711. £600 to £800
    <b>Chiswick Auctions, seeking consignments:</b> Stuart (Helen). Portrait of a Maori, over-painted gelatin silver print, signed and dated, 1885. £4,000 to £6,000
    <b>Chiswick Auctions, seeking consignments:</b> Picasso (Pablo). Minotaure vaincu, plate 89 from La Suite Vollard , signed, Paris, 1939. £4,000 to £5,000
    <b>Chiswick Auctions, seeking consignments:</b> Pissarro (Camille). Vachère au Bord de l'Eau, NUMBER 14 OF 100 PROOFS, etching, 1890. £800 to £1,200
    <b>Chiswick Auctions, seeking consignments:</b> Einstein (Albert). Copy of typewritten script of the episode "The Atom" of the TV programme "Your World Tomorrow", signed by Einstein. £2,000 to £3,000
  • <b>Swann Auction Galleries June 20:</b> NYC pride parade photos by Hank O’Neal, annotated on verso by Allen Ginsberg, 1970s. Pictured is Marsha P. Johnson. $70,000 to $100,000.
    <b>Swann Auction Galleries June 20:</b> David Wojnarowicz, <i>Neon Dancer,</i> postcard signed to Jim Fouratt, 1982. $5,000 to $8,000.
    <b>Swann Auction Galleries June 20:</b> Personal papers of Candy Darling, New York, circa 1950s-1973. $20,000 to $30,000.
    <b>Swann Auction Galleries June 20:</b> Walt Whitman, <i>Memoranda of the War,</i> Remembrance Copy, inscribed to Peter Doyle, from “the author with his love,” Camden, 1875-76. $50,000 to $75,000.
    <b>Swann Auction Galleries June 20:</b> Oscar Wilde, <i>The Importance of Being Earnest, A Trivial Comedy for Serious People,</i> first edition, signed, London, 1899. $50,000 to $70,000.
    <b>Swann Auction Galleries June 20:</b> James Baldwin, <i>Giovanni’s Room,</i> first edition, presentation copy, New York, 1956. $1,800 to $2,500.
    <b>Swann Auction Galleries June 20:</b> JEB (Joan E. Biren), <i>Ginger and Catherine,</i> silver print, 1972. $700 to $1,000.
    <b>Swann Auction Galleries June 20:</b> Su Negrin, <i>Gay Liberation,</i> photograph by Peter Hujar, poster published by Times Change Press, 1970. $400 to $600.
    <b>Swann Auction Galleries June 20:</b> Harvey Milk, Autograph Letter Signed, as acting Mayor of San Francisco, March 7, 1978. $4,000 to $6,000.
    <b>Swann Auction Galleries May 23:</b> Lester Beall, <i>Rural Electrification Administration,</i> 1939. $20,000 to $30,000.
    <b>Swann Auction Galleries June 20:</b> Gerda Wegener, <i>Two Women in a Window,</i> watercolor, chalk & wash, circa 1920. $15,000 to $25,000.
    <b>Swann Auction Galleries June 20:</b> Jean Cocteau, original sketchbook, <i>Le Mystère et Antigone,</i> including sketches of his lover Jean Desbordes, 1932. $30,000 to $40,000.
    <b>Swann Auction Galleries June 20:</b> Djuna Barnes, <i>Ladies Almanack . . . Written & Illustrated by A Lady of Fashion,</i> limited edition, signed & inscribed to her literary executor, 1928. $10,000 to $15,000.

Rare Book Monthly

Articles - January - 2016 Issue

Apple is Going to the Supreme Court to Argue They Did Not Fix E-Book Prices

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All the way to the Supreme Court.

In a strange continuation of the long-running Department of Justice antitrust claim against Apple and five book publishers for e-book price fixing, Apple has filed an appeal all the way to the Supreme Court. The publishers long ago settled their cases. Actually, Apple did too. It had agreed upon a substantial payment to purchasers of e-books if the Appeals Court decision went against them. It did. Apple appealed to the Supreme Court anyway. It will not reduce their obligations to e-book buyers if they win. That part is over. They are only fighting for the principle now. Only a company like Apple, with its hundreds of billions of dollars in the bank, can take on the expenses of a Supreme Court case just for the principle.

 

The Department of Justice sued Apple and book publishers Hachette, HarperCollins, MacMillan, Penguin, and Simon & Schuster 3 ½ years ago for a conspiracy to fix prices. Briefly, Apple wanted to begin selling e-books to be used with its new iPad tablets, but did not want to compete on price against Amazon. Amazon was willing to sell books for little if any profit to obtain market share. The strategy was very successful. They dominated the e-book market.

 

Apple, however, wanted to make a profit. So, it informed the publishers that they would only sell their e-books if the publishers set retail prices at a level higher than those for which Amazon was selling. The exact nature of those discussions is in dispute, but the lower court determined that Apple was the "ringleader" in the process that resulted in more vendors selling e-books to the public, but at higher prices. The lower court determined this was an antitrust violation, and the Appeals Court more recently affirmed that opinion.

 

After the lower court ruled against Apple, but before the Appeals Court affirmed that ruling, Apple made a deal with representatives of the e-book buyers. Apple agreed to pay them $450 million if the Appeals Court ruled against them. If the Appeals Court ruled in their favor, Apple would pay nothing. Apple lost in the Appeals Court so they owe $450 million. That won't be undone, regardless of how the Supreme Court rules. It is now a battle over principle, or reputation from Apple's standpoint. My guess is no one else cares. Those who believe Apple is a soulless, dominating behemoth will not feel any different if Apple wins in the Supreme Court. Those who think the same of Amazon will likely continue to approve of Apple's behavior if the Appeals Court decision is upheld. A change in the court judgment now may have an impact on the thinking of legal scholars, but probably no one else.

 

Apple's appeal is based on distinctions between horizontal and vertical relationships, per se rules and a "rule of reason." Here is a brief guidebook. Horizontal relationships are between equals, competitors. Each of the five publishers was in a horizontal relationship with the other four competitors. Vertical relationship are between entities on different levels. Apple was a customer, the publishers vendors. That's a vertical relationship.

 

A per se ruling is where the basic activity is such that guilt is presumed. If horizontal entities, such as the publishers, get together, and at the end, they all agree to raise prices, a court will find per se they conspired to fix prices. They won't acquit on the basis they don't have testimony of what exactly transpired in that backroom. They know darn well.

 

However, a previous Supreme Court ruling said that, at least in some cases, a "rule of reason" needs to be applied for discussions between vertical players. It's not so obvious that a price-fixing conspiracy is taking place when non-competitors' discussions, such as those between Apple and the publishers, take place. This is true even if the various horizontal parties (the publishers) together raise prices. There may be a per se conclusion of a price-fixing conspiracy among the publishers, but not one between Apple and the publishers.

 

Two things happened as a result of whatever occurred here. One can be viewed as anti-competitive, the other as pro-competition. All of the publishers raised their prices to the same level. That sounds anti-competitive. On the other hand, more companies began selling e-books. Amazon's market share dropped from roughly 90% to 60%. That sounds pro-competitive. I think Apple may have a shot at this one, even though they are 0-2 so far. The Supreme Court sometimes sees things differently than lower courts that are dealing more with the personal side, witnesses and all, than simply legal arguments. Apple may yet win the case, but the e-book buyers, beneficiaries of the earlier agreed upon settlement, have already won their money.

Rare Book Monthly

  • <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Book of Hours. Illuminated manuscript, Flanders or northern France, c. 1450. With 12 full-page illuminated miniatures. £10,000 to £15,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Zahrawi, Abu’-Qasim, al- (c. 936-1013). <i>Albucasis chirurgicorum omnium,</i> Strasbourg, 1532. The first comprehensive illustrated treatise on surgery. £3,000 to £5,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Milles, Thomas. <i>The Custumers Alphabet and Primer,</i> 1608. Gilt supralibros of 17th-century English bibliophile Edward Gwynn. £2,000 to £3,000
    <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Guillemeau, Jacques. <i>Child-Birth or, the Happy Deliverie of Women,</i> 1st edition in English, 1612. The second midwifery manual printed in English. £1,500 to £2,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Rabisha, William. <i>The Whole Body of Cookery Dissected,</i> 1st edition, 1661. Rare. Five copies in libraries. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Royal binding. <i>An Abridgment of the English Military Discipline,</i> 1678. Contemporary red goatskin gilt by Samuel Mearne for Charles II (1630-1865). £1,500 to £2,000
    <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Pallavicino, Ferrante. <i>The Whores Rhetorick,</i> 1st edition in English, 1683. Rare anti-Jesuit satire. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Swift, Jonathan. <i>The Benefit of Farting,</i> 1st London edition, 1722. Teerink 19. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Edwards, George. <i>Natural History of Uncommon Birds</i> [and] <i>Gleanings of Natural History,</i> 7 volumes, 1743-64. Contemporary tree calf, 362 hand-coloured engraved plates. £8,000 to £12,000
    <center><b>Dominic Winter Auctioneers<br>The Library and Picture Collection of the late Martin Woolf Orskey<br>June 26</b>
    <b>Dominic Winter Auctioneers<br>June 26:</b> Campbell, Patrick. <i>Travels in the Interior Inhabited Parts of North America,</i> 1st edition, 1793. Howes C101; Sabin 10264. Uncut in original boards. £5,000 to £8,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Hearne, Samuel. <i>A Journey from Prince of Wales's Fort in Hudson's Bay, to the Northern Ocean,</i> 1st edition, 1795. Sabin 31181. Large-paper copy. £2,000 to £3,000
    <b>Dominic Winter Auctioneers<br>June 26:</b> Edgeworth, Maria. <i>The Match Girl, A Novel,</i> 1808. £1,000 to £1,500
  • <b>Bonhams, Jun 13 results:</b> Darwin, Charles. <i>On the Origin of Species.</i> Presentation Copy. Sold for $500,075.
    <b>Bonhams, Jun 13 results:</b> Darwin, Charles. Autograph Letter Signed, 3 pp, negotiating the 2nd American edition with Appleton. Sold for $21,325.
    <b>Bonhams, Jun 13 results:</b> Hemingway, Ernest. Autograph Letter Signed, 8 pp, Paris, 1924, to his father discussing Bullfighting, Stories, and his new baby. Sold for $25,075.
    <b>Bonhams, Jun 13 results:</b> Shakespeare, William. <i>Corialanus.</i> London, 1623. 1st printing [Extracted from the First Folio]. Sold for $50,075.
    <b>Bonhams, Jun 13 results:</b> Swift, Jonathan. <i>Gulliver's Travels.</i> London, 1726. 1st edition, Teerink's A edition, fine, large copy. Sold for $21,325.
    <b>Bonhams, Jun 13 results:</b> Fitzroy, Robert. Autograph Letter Signed to agent Thomas Stilwell, informing him of the progress of H.M.S. Beagle. Sold for $17,575.
    <center><b>Bonhams<br> Property from the Collection of Nicole and William R. Keck II</b>
    <b>Bonhams, Jun 13 results:</b> Shakespeare, William. <i>Sonnets.</i> 1901. 2 volumes. Printed on vellum and illuminated by Ross Turner, bound by Trautz-Bauzonnet. Sold for $13,825.
    <b>Bonhams, Jun 13 results:</b> Beardsley, Aubrey. <i>The Birth, Life, and Acts of King Arthur.</i> 1893-94. 2 volumes. Contemporary painted vellum gilt by Chivers. Sold for $5,325.
    <b>Bonhams, Jun 13 results:</b> Assisi, St. Francis. <i>The Canticle of Brother Sun.</i> Illuminated on vellum, for the Grolier Society. Sold for $7,575.
    <b>Bonhams, Jun 13 results:</b> Proust, Marcel. <i>Du coté de chez Swann.</i> 1st edition, 1st issue. Inscribed by Proust. Sold for $8,825.
    <b>Bonhams, Jun 13 results:</b> Rackham, Arthur. <i>Peter Pan in Kensington Gardens.</i> 1/500 copies signed by Rackham. Sold for $4,825.
  • <b>Doyle, The Estate of Oleg Cassini. June 27</b>
    <b>Doyle, The Estate of Oleg Cassini:</b> KENNEDY ONASSIS, JACQUELINE Typed letter signed to Oleg Cassini. $400 to $600
    <b>Doyle, The Estate of Oleg Cassini:</b> [CASSINI-KENNEDY FASHIONS] Important archives related to the development of fashions for Mrs. Kennedy… $4,000 to $6,000
    <b>Doyle, The Estate of Oleg Cassini:</b> [CASSINI-KENNEDY FASHIONS] Detailed ledger of the Kennedy White House years… $500 to $800
    <b>Doyle, The Estate of Oleg Cassini:</b> KELLY, GRACE. Four autograph letters to Oleg Cassini. $5,000 to $8,000
    <b>Doyle, The Estate of Oleg Cassini. June 27</b>
    <b>Doyle, The Estate of Oleg Cassini:</b> CASSINI, OLEG. Group of Kennedy-era original fashion sketches. $1,000 to $1,500
    <b>Doyle, The Estate of Oleg Cassini:</b> KENNEDY ONASSIS, JACQUELINE. Autograph letter signed to Oleg Cassini. $800 to $1,200
    <b>Doyle, The Estate of Oleg Cassini:</b> CASSINI, OLEG. Fashion sketch titled “Mrs. Kennedy-Palais de Versailles-State Dinner.” $800 to $1,200
    Doyle, The Estate of Oleg Cassini: [CASSINI, OLEG - KENNEDY, JACQUELINE.] Group of approximately 130 original fashion designs… $800 to $1,200.

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