Apple must payout eBook settlement
Earlier in the week, the news headline, “SCOTUS declines to hear Apple appeal” caught me by surprise. Though I am not a lawyer skilled in such matters, common sense sure seemed to infer that this case was inside out from the very beginning. If ever an entity was behaving in an anti competitive way regarding eBook pricing, it was amazon.com, not Apple. But that wasn’t the way the trial judge saw the case.
As a result of the SCOTUS declining to hear the Apple appeal, the iMaker must pay out the $450 million dollar settlement it agreed to in the case. Apple could have settled this case long ago for a lot less money. But principle was the driving force behind Apple’s decision to defend its business model. And in the upside down world of the justice system, facts took a back seat to special interests and lobbyists.
Since SCOTUS declined the case without comment, there is no way of ever knowing how the individual members of the court saw the case. The sudden death of Justice Antonin Scalia may have also played a part. This is the type of case he would have taken special interest in hearing. Unfortunately, that hearing will never take place.
It will be interesting to see what happens next. Could Apple use the findings held in the case in its ongoing effort to gain content for its television streaming initiative? After all, predatory practices are the same regardless of the type of content being considered. Whether the content is to be read, watched or listened to should have no bearing on the application of the anti trust laws. I
would not be surprised to see Apple play hard ball with the Cable companies if those companies continue to refuse to make their content available to Apple. How Apple markets and prices that content should be of no concern to the cable operators. What’s good for the goose is good for the gander
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