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Posts tagged Judge Cote

Appeals court judges ask probing questions in Apple e-book anti-trial case
December 16, 2014 | 7:56 pm

Yesterday, the appeals court heard testimony from Apple and the Department of Justice relating to the e-book anti-trust trial appeal. To my surprise, two of the three judges seemed amenable toward Apple’s point of view. They expressed concern over why the publisher collusion was such a bad thing when it was for the sake of stopping monopolist Amazon, and hinted that Judge Cote might have erred when she ruled that Apple’s behavior constituted a pro se anti-trust violation—a violation so obvious that it doesn’t need the “rule of reason” test applied to it. Apple attorney Theodore Boutros asked for...

Judge Cote rules DRM removal for fair use is not copyright infringement
December 10, 2014 | 8:52 pm

The Apple anti-trust case continues to have some interesting fallout. The EFF today issued a press release concerning Judge Denise Cote last month dismissing some charges in a related case, trumpeting that Cote had ruled that stripping DRM for fair use purposes is legal. I’ve read the 20-page opinion, and I’m not so sure. Here’s what I know. The case pertains to Abbey House, the operator of the “BooksOnBoard” e-book store. In March, 2014, Abbey House (and two other defunct e-book store operators) filed suit against Apple and the Agency Five alleging that their implementation of agency pricing...

Apple settles e-book anti-trust damages with states, class-action plaintiffs
June 17, 2014 | 5:49 am

Well, there’s a thing. Reuters reports that Apple has agreed to settle the e-book anti-trust lawsuit filed by 33 state attorneys general and class-action lawyers for consumers from other states. Details of the settlement have not been released; it still needs approval from the court. Judge Cote has ordered the complainants and Apple to submit a filing to seek approval of the settlement within 30 days. As I understand it, this renders the $840 million damages phase of the trial effectively moot. Apple is still going to fight the guilty verdict in the Department of Justice case, and the...

iBooks to be included with every iOS 8 device; will the DoJ take notice?
June 5, 2014 | 7:05 am

Apart from all the little features it’s swiping from Android (finally, widgets, custom keyboards, and cross-app sharing APIs!), the new iPhone OS 8 includes one little feature that Mark Coker of Smashwords believes will be a “game changer.” For the first time, iBooks will be bundled directly into every new iOS device sold. This might not seem like a big deal at first—iBooks has, after all, been available for four years to anyone who wants to download it—but never underestimate the laziness barrier. People who weren’t that “into” e-books might never have bothered to grab it on their...

Wall Street Journal misses boat again with anti-Amazon hit piece
June 3, 2014 | 4:40 pm

newscorp_thumb[1]The Wall Street Journal has posted another scathing anti-Amazon editorial. It might be paywalled; if so you can bypass it by googling the headline. But I’m willing to bet you can guess pretty much exactly what it says without even reading it. Let’s review: the Wall Street Journal is owned by Rupert Murdoch’s News Corp, which also owns Big Five nee Six publisher HarperCollins. HarperCollins was originally going to stay out of the agency pricing cabal until Steve Jobs reached out to Murdoch’s son James only two days before the iPad was going to launch, asking him to pressure...

Judge Cote awards patent troll victim legal fees under new Supreme Court precedent
June 2, 2014 | 4:50 am

Speaking of Judge Cote, turns out she’s got her head on straight in other ways than just the Apple trial. Ars Technica covers her ruling on a patent troll lawsuit, the first of its kind under a new Supreme Court precedent stating that patent trolls who lose their case can be required to pay the victor’s legal fees. Judge Cote didn’t give the troll victim, FindTheBest, everything it wanted—she threw out their attempt to file a RICO anti-extortion case against the troll—but she rejected the patent and declared that the legal fee award “will serve as an instrument of...

Appeals court rejects Apple request for stay of damages trial
June 2, 2014 | 4:11 am

Apple’s collected another appeal rejection the way some writers used to collect publisher rejection slips. The appeals court issued a terse decision saying that Apple hadn’t met the legal standard required for a stay, so it would not stay the damages phase of the trial while Apple appeals the guilty verdict. Appeals courts rarely ever explain their reasoning for these matters in detail, so all we can really say is that they didn’t find Apple’s argument convincing. The rejection paves the way for the trial to begin July 14, unless there are further administrative delays. The closest thing to...

David Gaughran: ‘Don’t believe the spin’ in Amazon vs. Hachette affair
May 26, 2014 | 11:04 am

David Gaughran has a great blog post looking at the Amazon/Hachette affair in a less “poor little Hachette” light. It’s good to see this piece join this other blog piece and this Forbes story pointing out that there’s another side to the matter than the one Hachette’s partisans are pushing. Gaughran points out there are multiple possible explanations for what we’re seeing. The problem is that we haven’t really heard any of them. Indeed, apart from a couple of non-detailed, PR-laden emails from Hachette, we haven’t heard much of anything from either side. And if...

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. ...

Apple antitrust plaintiffs ask for $840 million in damages
February 3, 2014 | 3:43 pm

The Apple e-book case proceeds apace. The class plaintiffs filed a brief asking for summary judgment of damages and putting forward their estimate of the final damage to consumers as being between $231 and $280 million—18.1% of the revenue taken in from e-books during the period in question. With the treble damages, that means Apple could be on the hook for as much as $840 million altogether. Apple has, of course, objected to the estimate, and seeks to bar the testimony of Stanford economist Roger Noll who came up with it. Though, as plaintiffs’ lawyer Steve Berman pointed...

Department of Justice files objection to temporary Apple antitrust monitor stay
January 24, 2014 | 9:18 pm

The filing doesn’t seem to be on PACER yet, and I haven’t been able to find any other link to the filing, but in keeping with the declared deadline of close of business Friday, the Department of Justice has filed its opposition to Apple getting a temporary stay of the anti-trust monitor. CNET and the Wall Street Journal have the coverage and some quotes from the filing. CNET: "In any event, the district court did not exceed its authority in ordering an external monitor for Apple or abuse its discretion in declining to disqualify the...

Appeals court issues temporary stay of Apple antitrust monitorship pending hearing the appeal
January 21, 2014 | 4:39 pm

The Second Circuit Court of Appeals just issued a temporary stay (PDF) of the antitrust monitorship over Apple pending further review by a three-judge panel. As I understand it, this isn’t really a full victory for Apple so much as it is a standard part of the process of appeal; they’re staying the monitorship only until they can hear the appeal in full. At that point they will decide whether it gets a permanent stay. There’s really not more to report than that right now. Even news sources like the New York Times simply follow it up with a...