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Posts tagged Apple

Morning Roundup: iPad Mini refurbs available. Is Amazon KDP MFN legal?
April 18, 2014 | 9:00 am

iPad Mini refurbsiPad Mini Refurbs Now Available from Apple – Including Retina (The Digital Reader) Want to buy an iPad Mini but found them just too expensive? I have some good news for you. You can now pick up Apple’s iPad Mini Retina for about 16% off. That’s not a great discount, no, but it is about as good as you will get from Apple. *** Is the Kindle Direct Program MFN Legal? (Go To Hellman) If you sell an ebook through the Kindle Direct program, Amazon doesn't want you to offer it for less somewhere else. It's easy to understand why; if you're a consumer, you hate to pay...

States rights to damages bode ill for Apple
April 16, 2014 | 6:25 pm

AppleLegal developments around the Apple ebook price fixing debacle are not exactly going Cupertino's way. Most recently, U.S. District Judge Denise Cote, to no one's great surprise, returned a negative response to Apple's motion to dismiss the damage claims brought by 33 states of the Union in their previous parallel case alongside the U.S. Justice Department. According to Reuters, the damage claims from U.S. states could amount to some $840 million. "Apple now moves to dismiss the antitrust action filed by the States. Apple contends that the States lack standing to assert their claims against Apple or, at the very least,...

Microsoft profit numbers say don’t write off Redmond yet
April 4, 2014 | 6:22 pm

Top_10_Software_Vendors_2013_nAll those Microsoft knockers - me included - who've held back from embracing Windows 8 and shunned Windows Phone OS phones may want to eat their words, or at least, nibble around their edges. Because according to the chart below from Statista, based on Gartner figures, Microsoft was far and away the world's leading software vendor by revenue in 2013, with total income of $65.7 billion, besting second and third placed rivals Oracle and IBM by over $30 billion. For comparison, Apple generated revenue of $171 billion in its 2013 financial year. Google's 2013 revenue was $59.82 billion. With these kind...

Morning Roundup: Author’s Guild allows self-published authors. Ever heard of BookTube? and more
April 2, 2014 | 9:00 am

author's guildA Beginner's Guide to BookTube (Book Riot) BookTube may sound like a root vegetable, but it’s actually an incredibly vibrant community of people who vlog (that’s video blog for those of you who are unfamiliar with the lingo) about books on YouTube. *** Author's Guild Expands Embrace of Indie Books, Authors (Indie Reader) CJ Lyons, the award-winning, critically-acclaimed, New York Times and USA Today bestselling author, will be the first self-published author to serve on its executive council. *** Apple Abandons Higher Education Reseller Program in Canada (GoodeReader) The essence of the reseller program is to give discounts to University and College bookstores to stock iPads, Mac...

Android’s Lloyd looks set to bite into Apple right down to the core
March 29, 2014 | 6:25 pm

Research firm Gartner Inc.'s latest prognostication on sales of combined digital devices of all formats and operating systems, "Forecast: PCs, Ultramobiles, and Mobile Phones, Worldwide, 2011-2018, 1Q14 Update," has some pretty uncomfortable reading for Apple execs, or fanboys. For it found that worldwide device shipments of all kinds running Android OS, currently around one third of digital device shipments overall, are likely to rise to around half of all shipments of all OS types by 2015. The overall numbers of all types, and of Apple devices, though, are likely to grow only incrementally. "Google’s objective is to increase Android’s footprint, and...

Judge Cote certifies consumer suits for class action in Apple antitrust case
March 29, 2014 | 7:45 am

Calling it a “paradigmatic antitrust class action,” Judge Denise Cote has granted class-action certification to the consumers whose suit against Apple makes up one third of the intricate bundle of cases she is presiding over in the Apple antitrust trial. (The other two thirds are, of course, the actions brought by the Department of Justice and the state attorneys general.) She also denied Apple’s request to disregard the plaintiff’s damage expert, and threw out the opinions of the experts Apple had consulted in regard to damages. Not many surprises there for anyone who’s been following the trial so far. ...

UK budget means new ebook tax rates?
March 25, 2014 | 10:25 am

[caption id="" align="alignright" width="276"] He wants a cut of your ebooks.[/caption] For non-British readers, the ritual of UK budget day, when the Chancellor of the Exchequer holds up a red dispatch box with the country's financial future in it, may seem as quaint a part of national pageantry as beefeaters or the Changing of the Guard. But this year, budget day may have some more serious implications for ebook readers, and ebook publishers and distributors like Amazon, as Chancellor George Osborne brings in new tax regulations relating to digital services (which includes ebooks) in the UK. According to the government's budget materials,...

Apple anti-trust plaintiffs want summary judgment on damages, trial to stay where it is
March 10, 2014 | 1:04 pm

Andrew Albanese at Publishers Weekly has details on the plaintiffs’ latest filings in the Apple anti-trust case. In brief, the attorneys argue that Judge Cote has enough evidence to decide on Apple’s damages in summary judgment, without needing a trial. It’s already a well-established fact that consumers were harmed; the only question is how much the damages should be, and most experts, including Apple’s own, tend to come pretty close to the same figure on those. They also reject Apple’s request to separate the trials and move them back to their original venues. It’s too late in the game...

New developments in Apple anti-trust trial: Apple accuses Judge Cote of bias; economists file amicus brief
March 6, 2014 | 4:22 pm

Here’s a twofer of Apple anti-trust suit stories. First, from Andrew Albanese at Publishers Weekly comes the news that a February 21 Apple filing opposing summary judgment in the damages phase has been made public, and it’s pretty clear the gloves are off. Apple is outright accusing Judge Cote of bias, claiming that statements she made in the order denying the antitrust monitor stay suggest she’s already decided what the damages should be. I wish I could find the filing; it doesn’t seem to be in PACER. I’d love to read it for myself. I’m pretty sure this...

Android powers ahead as PC sales sag
March 6, 2014 | 1:25 pm

Two sequential research reports paint a stark - if you're a Microsoft exec or an Apple fan - picture of how the personal computer and digital device market is evolving. A Gartner Inc. report dated March 3rd found that "Worldwide Tablet Sales Grew 68 Percent in 2013, With Android Capturing 62 Percent of the Market," and with a conspicuous year-on-year market share decline for Apple. A day later, on March 4th, International Data Corporation (IDC) released its findings that PC market shipments are expected " to Fall by -6% in 2014 and Decline Through 2018." The Gartner figures show Apple's iOS-based tablet...

Apple files opening brief in e-book anti-trust trial appeal
February 26, 2014 | 7:12 pm

Ars Technica reports that Apple has filed a 75-page opening brief in its appeal of Judge Cote’s decision finding it guilty of engaging in a conspiracy with the publishers to help raise prices. The Ars article has a reasonable summary of Apple’s arguments. Fundamentally, many of them are the same arguments that lost it the case in trial court: it just negotiated the most favorable contract for itself, and couldn’t be blamed for what the publishers, busy little bees that they are, imposed on other retailers. It acted to increase competition by making it possible for new players...

Apple files motion to move anti-trust damages trials to California, Texas
February 25, 2014 | 9:53 am

Looks like Apple is doing whatever it can to flee from Judge Cote. Andrew Albanese reports at Publishers Weekly that Apple has filed a motion to split the state and class-action agency pricing lawsuits away from the Department of Justice trial and move them to districts in northern California and west Texas, respectively. It argues that they had only been consolidated for the purposes of pre-trial activity only, and now that said activity is over, they should get to move back to the districts where they had been filed. (I checked PACER but didn’t find any of these filings there...