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Posts tagged doj

DOJ compares Apple to Big Oil
August 23, 2012 | 4:00 pm

For those of you who might be trying desperately to keep up with the Department of Justice's ebooks case, but are nevertheless finding yourselves falling behind (or falling asleep, even, every time you attempt to plow through another dry-as-tree-bark news report), I'd suggest this recent update from PaidContent. [Title: "DOJ compares Apple and publishers to big oil in ebooks case.] (How can you not read a story with a headline like that?) At any rate, here's the main takeaway: "In a filing late Wednesday in response to Apple and book publishers, the Department of Justice reiterates its claim that agency pricing and...

Crain’s New York Business profiles Tor DRM-free e-book store plans
June 26, 2012 | 7:06 pm

Crain’s New York Business has a profile of Tor’s plan for a DRM-free e-book store. (The article is paywalled, but you can read it via Google News search.) It summarizes the situation with the DoJ antitrust lawsuit, and points to that suit and the success of the DRM-free Harry Potter e-book store as the reason publishers are seriously considering DRM-free options. That said, there is some new material here. Tor founder Tom Doherty and manager of science fiction Patrick Nielsen Hayden talk about wanting to build the kind of “diverse retail economy” you see in bookstores, and are in...

DOJ Lawsuit Update: Where Windowing Becomes Important, by Jane Litte
May 16, 2012 | 9:53 am

Screen Shot 2012 05 16 at 9 51 57 AM Introduction There are two major updates in the DOJ lawsuit.  An additional 17 states have sued the publishers and Apple.  Judge Denise Cote’s filed a denial of Apple, Penguin, and Macmillan’s motion to dismiss.  You may want to read the Primer here if you haven’t already before going forward. States Attorneys General Amended Complaint 1)  An additional 17 states have joined the existing states that have filed suit against the major publishers and Apple bringing the total number up to 31. Those states include: Texas, Comiecticut, Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Missouri, Nebraska, New Mexico, New York,...

Sometimes I get it right – I predicted the DoJ antitrust case!
April 29, 2012 | 11:35 pm

Images I don't toot my own horn on TeleRead, and as a matter of fact generally don't even make any comments, because I feel the blog should not be about me.  However, I was going through some old stuff over the weekend and I found someting I had forgotten about and that made me proud.  In an article I wrote about my disagreeing with Mike Shatzkin on his praise of the, then new, agency model I discussed how resale price maintenance, which is exemplified by the agency model, has been relatively recently approved by the Supreme Court, and then I went...

The Department of Justice vs. eBooks II
April 23, 2012 | 9:13 am

Images As I noted in the first part of this article (see The Department of Justice vs. eBooks I), the settlement proposed by the DOJ raises a lot of issues but doesn’t attack the central premise that agency pricing is okay. I mentioned in part I that publishers could raise the list/wholesale prices of not-yet-published ebooks. But there is another option that could prove to be even more effective: Publishers are not obligated to give ebooksellers a 50% or higher discount as the wholesale price. Publishers could limit the wholesale discount to 30%, which would reflect the current 70-30 split that comes...

What to expect when you’re expecting a publisher/DoJ settlement
April 17, 2012 | 12:08 am

On PaidContent, Laura Hazard Owen has written a handy little guide to the implications of the DoJ-imposed settlement terms for readers. She discusses the effects that readers can expect to see as the settlement takes effect, sometime after the comment period ends in June. Readers will see the most effects on books published by Simon & Schuster, Hachette, and HarperCollins, the three publishers who meekly chose to settle with the DoJ, though those effects won’t start until June, when the 60-day comment period on the settlement is up. When it takes effect, publishers will have one week...

Explanation of the Settlement between DOJ Hachette, Harper Collins and S&S and What Happens Next, by Jane Litte
April 12, 2012 | 10:10 am

Screen Shot 2012 03 11 at 8 41 11 AM The DOJ filed suit against five publishers (Penguin, Macmillan, Hachette, HarperCollins, Simon & Schuster) on April 11, 2012.  The DOJ then immediately filed a notice of settlement and a request for approval of the settlement.  A judge assigned to this case will then either approve the settlement and order the parties back to the negotiating table.  Any interested party has the right to write a statement to the court within 60 days to encourage or discourage acceptance of the proposed settlement. Two things are at issue here: 1) The restriction on retailers ability to discount books and 2) The Most Favored Nation clause...

Full text of the proposed ebook price-fixing settlement agreement
April 11, 2012 | 3:53 pm

For an excellent summary of the agreement see Tim Carmody's Wired article here.    Competitive Impact Statement...

DoJ files suit against Apple and 5 publishers; Statement by Macmillan’s John Sargent
April 11, 2012 | 10:26 am

According to Blomberg, the DoJ has filed an anti-trust suit against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster in the New York Federal District Court.  The suit alleges collusion in ebook pricing. The article doesn't say much more, as all parties have denied comment. From the TOR website comes this statement by John Sargent, CEO of Macmillan: Dear authors, illustrators and agents: Today the Department of Justice filed a lawsuit against Macmillan’s US trade publishing operation, charging us with collusion in the implementation of the agency model for e-book pricing. The charge is civil, not criminal. Let me start by saying that...

Authors Guild response to DoJ ebook investigation – they don’t like it and prefer the status quo
March 9, 2012 | 3:13 pm

Images It's best just to quote the letter: Letter from Scott Gurow:  Grim News Dear member, Yesterday’s reports that the Justice Department may be near filing an antitrust lawsuit against five large trade book publishers and Apple is grim news for everyone who cherishes a rich literary culture. The Justice Department has been investigating whether those publishers colluded in adopting a new model, pioneered by Apple for its sale of iTunes and apps, for selling e-books. Under that model, Apple simply acts as the publisher’s sales agent, with no authority to discount prices. We have no way of knowing whether...

The E-book Investigations: Are Publishers And Apple Breaking The Law?
December 8, 2011 | 9:09 am

Images There is a good analysis of the current legal difficulties of publishers in paidContent.  Much more in the article: It’s been a week to forget for publishers after both the Justice Department and the European Commission announced investigations into e-book pricing tactics. Meanwhile, dozens of law firms are steaming ahead with a class action to reclaim money for customers who allegedly overpaid for books on the iPad. So what’s going on - is this an illegal conspiracy or much ado about nothing? Here’s a guide: Who Is Investigating the Publishers? Before Congress today, the head of the Justice Department’s antitrust division reportedly confirmed...

US Justice Department and FTC looking into Apple’s subscription service; EU monitoring as well
February 18, 2011 | 9:21 am

ImagesAccording to the Wall Street Journal, the US Justice Department, through its antitrust division, is looking into Apples terms for media companies who want to sell subscriptions on Apple devices. Evidently the investigation is in a preliminary stage and it might, or might not, end in the Department taking action. Banning apps from linking to external sites "sounds like a pretty aggressive position," said Eric Goldman, director of Santa Clara University's High Tech Law Institute. "It seems like that's purely in the interests of Apple trying to restrict people doing transactions they don't get a cut from." Apple's condition...

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