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Distinguished Scribe
gb18
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Registered: ‎12-06-2010
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2013 trial date for Apple e-book lawsuit

Distinguished Scribe
gb18
Posts: 819
Registered: ‎12-06-2010
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Re: 2013 trial date for Apple e-book lawsuit

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moogs
Posts: 130
Registered: ‎04-12-2011
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Re: 2013 trial date for Apple e-book lawsuit

More (of my) tax dollars down a hole...
Wordsmith
KingAl
Posts: 549
Registered: ‎11-16-2010
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Re: 2013 trial date for Apple e-book lawsuit


moogs wrote:
More (of my) tax dollars down a hole...

This is a better use of taxpayers' money than prosecuting Barry Bonds and Roger Clemens...

Distinguished Bibliophile
keriflur
Posts: 6,626
Registered: ‎01-05-2010
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Re: 2013 trial date for Apple e-book lawsuit


gb18 wrote:

Related:

 

http://www.macnn.com/articles/12/06/22/justice.department.requests.discovery.into.next.year/


This article claims that agency pricing is "a long-standing practice in the publishing world."  Does anyone know the validity of that statement?  I'd never heard of it being used for books before 2010.

Doug_Pardee
Posts: 5,521
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Re: 2013 trial date for Apple e-book lawsuit


keriflur wrote:

 

This article claims that agency pricing is "a long-standing practice in the publishing world."  Does anyone know the validity of that statement?  I'd never heard of it being used for books before 2010.


I don't think it is in the US, but it has been not only common practice, but occasionally legally required, in some countries. To my knowledge, Germany and France still require publisher pricing on books (and e-books), while the UK required it for new — as in "not used" — books from 1900 to 1997 under the Net Book Agreement ("Net Book Agreement" is an excellent phrase for Googling on).

 

I believe that in France it's called the Lang Act or Lang Law, and was instituted in 1981. According to Wikipedia, in Germany it's been an agreement since 1888 and a law since 2002: http://en.wikipedia.org/wiki/Fixed_Book_Price_Agreement

 

Distinguished Scribe
Omnigeek
Posts: 893
Registered: ‎01-25-2011
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Re: 2013 trial date for Apple e-book lawsuit


KingAl wrote:

moogs wrote:
More (of my) tax dollars down a hole...

This is a better use of taxpayers' money than prosecuting Barry Bonds and Roger Clemens...


None of them were good uses of taxpayer money.  Eric Holder has been one of the worst AGs in the country's history, directing the prosecution of things he shouldn't and refusing to enforce laws that he should.

Currently reading: Destiny of the Republic, The Knight of the Word, The Dark Knight Returns, Appleseed
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bklvr896
Posts: 4,807
Registered: ‎12-31-2009
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Re: 2013 trial date for Apple e-book lawsuit


keriflur wrote:

gb18 wrote:

Related:

 

http://www.macnn.com/articles/12/06/22/justice.department.requests.discovery.into.next.year/


This article claims that agency pricing is "a long-standing practice in the publishing world."  Does anyone know the validity of that statement?  I'd never heard of it being used for books before 2010.


I will admit to not reading a lot of the articles on this, but to my layman's way of thinking, is the agency model pricing the issue and why would that pricing model be inherently illegal.  Afterall, it's simply the publisher being the seller and setting the price, using the retailer's as agents to sell the product, rather than selling the book to retailer and the retailer then selling it for whatever price they decide.  What if the pubisher decided to open its own bookstore and not sell to any retailers?  How is that much different and how would that be illegal.  It's the alleged collusion that is at issue, did Apple and other collude on the agreement and prices?   

 

Personally, I'm not convinced that if the courts find against the publishers and Apple and things go back to the way they were before, that it's going to be the big win for consumers that many folks seem to think it will be. 

 

Wordsmith
TnTexas
Posts: 884
Registered: ‎10-22-2011
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Re: 2013 trial date for Apple e-book lawsuit

bklvr896: Personally, I'm not convinced that if the courts find against the publishers and Apple and things go back to the way they were before, that it's going to be the big win for consumers that many folks seem to think it will be.

 

Me either. 

 

Doug_Pardee
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Re: 2013 trial date for Apple e-book lawsuit


bklvr896 wrote:

 

is the agency model pricing the issue and why would that pricing model be inherently illegal.  Afterall, it's simply the publisher being the seller and setting the price, using the retailer's as agents to sell the product, rather than selling the book to retailer and the retailer then selling it for whatever price they decide.  What if the pubisher decided to open its own bookstore and not sell to any retailers?  How is that much different and how would that be illegal.  It's the alleged collusion that is at issue, did Apple and other collude on the agreement and prices?   


No, the complaint specifically says that the agency model is not a problem. In fact, the proposed settlements expect that the settling publishers will continue to use agency model. The settling publishers will, however, be enjoined for two years from controlling the selling prices aside from a general restriction that over the course of a year, the total discounts given by a reseller on the publisher's titles cannot exceed that reseller's total commissions from those sales. In other words, Amazon can sell best-sellers at a loss if they make up the losses on non-best-sellers from the same publisher. Also, the Most Favored Nation clauses will be cancelled, permitting each reseller to negotiate separate terms with the publisher.

 

The complaint makes some very eyebrow-raising claims about blatant collusion. It says who discussed what with whom, where and when. If the complaint is at all accurate, the publishers (and Apple) were stupid beyond imagination.