Publishers in E-Book Antitrust Case File Objection to DOJ's Proposed Punishment for Apple

iBooks.pngThe five book publishers who settled with the U.S. Government in the e-book antitrust case have filed an objection with the court arguing that the Department of Justice's proposed punishments for Apple would violate their settlement agreements from before the trial began, according to The Wall Street Journal.

The DOJ has recommended that the "agency model" deals with publishers be nullified and that Apple require competitors such as Amazon to put direct purchase links to their own e-book stores inside their iOS apps. Some experts have said that Apple could owe as much as $500 million in penalties.

In a court filing Wednesday afternoon, the publishers said that the U.S. Department of Justice's demands on Apple would eliminate the use of the "agency model" for the sale and distribution of e-books for a period of five years, by prohibiting Apple from entering such agreements.

Under the agency model, publishers, rather than Apple, set the retail price for e-books.

"The provisions do not impose any limitation on Apple's pricing behavior at all; rather, under the guise of punishing Apple, they effectively punish the settling defendants by prohibiting agreements with Apple using an agency model," lawyers for the publishers said in papers filed in federal court in Manhattan.

Apple has consistently defended its behavior and called the DOJ's proposal a "draconian and punitive intrusion into Apple's business".

Popular Stories

iPhone SE 4 Thumb 1

iPhone SE 4 With Apple's Own 5G Modem 'Confirmed' to Launch in March

Tuesday November 19, 2024 12:12 pm PST by
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
airtag purple

AirTag 2 Rumored to Launch Next Year With These New Features

Sunday November 17, 2024 5:18 am PST by
Apple released the AirTag in April 2021, so it is now three over and a half years old. While the AirTag has not received any hardware updates since then, a new version of the item tracking accessory is rumored to be in development. Below, we recap rumors about a second-generation AirTag. Timing Apple is aiming to release a new AirTag in mid-2025, according to Bloomberg's Mark Gurman....
Magic Mouse Next to Keyboard

No, Apple CEO Tim Cook Didn't Say He Prefers Logitech's MX Master 3 Over the Magic Mouse

Sunday November 17, 2024 3:03 pm PST by
While the Logitech MX Master 3 is a terrific mouse for the Mac, reports claiming that Apple CEO Tim Cook prefers that mouse over the Magic Mouse are false. The Wall Street Journal last month published an interview with Cook, in which he said he uses every Apple product every day. Soon after, The Verge's Wes Davis attempted to replicate using every Apple product in a single day. During that...
Generic iOS 18 Feature Real Mock

Apple Releases iOS 18.1.1 and iPadOS 18.1.1 With Security Fixes

Tuesday November 19, 2024 10:10 am PST by
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
at t turbo indicator iphone 16 pro max v0 8hrh7w5f3w1e1

AT&T Turbo Indicator Showing Up in iPhone Status Bar for Subscribers

Wednesday November 20, 2024 3:42 am PST by
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence. Image credit: Reddit user No_Highlight7476 The Turbo feature provides enhanced network performance through ...
iPhone 17 Slim Feature Single Camera 1 Redux

'iPhone 17 Air' Rumored to Surpass iPhone 6 as Thinnest iPhone Ever

Monday November 18, 2024 1:07 pm PST by
In a research note with Hong Kong-based investment bank Haitong today, obtained by MacRumors, Apple analyst Jeff Pu said he agrees with a recent rumor claiming that the so-called "iPhone 17 Air" will be around 6mm thick. "We agreed with the recent chatter of an 6mm thickness ultra-slim design of the iPhone 17 Slim model," he wrote. If that measurement proves to be accurate, there would be ...
bug security vulnerability issue fix larry

Make Sure to Update: iOS 18.1.1 and macOS Sequoia 15.1.1 Fix Actively Exploited Vulnerabilities

Tuesday November 19, 2024 10:52 am PST by
The iOS 18.1.1, iPadOS 18.1.1, and macOS Sequoia 15.1.1 updates that Apple released today address JavaScriptCore and WebKit vulnerabilities that Apple says have been actively exploited on some devices. With the JavaScriptCore vulnerability, processing maliciously crafted web content could lead to arbitrary code execution. The WebKit vulnerability had the same issue with maliciously crafted...

Top Rated Comments

stilted Avatar
147 months ago
Wow, now that Amazon has almost completed its task of putting every B&M bookstore out of business, the government steps in to make sure their slash-and-burn business model survives in the digital market as well.
Score: 24 Votes (Like | Disagree)
69650 Avatar
147 months ago
Don't understand why this case is so hard to solve. All the DoJ have to do is get Apple to remove the clause from their agency agreements that prevents the publishers from selling their eBooks through Amazon at a lower price. If Apple wants to make 30% margin on eBook sales that's fine. If Amazon want to make 5% margin and sell the eBooks much cheaper that's up to them. It's a free market. Ultimately customers will decide who gets their money.
Score: 16 Votes (Like | Disagree)
ValSalva Avatar
147 months ago
The publishers aren't really siding with Apple. They are looking out for their best interests. The DOJ prevents Apple from using the agency model. The publishers want the agency model. Apple is almost an unintended beneficiary in this instance.
Score: 13 Votes (Like | Disagree)
Glideslope Avatar
147 months ago
"Trust the Government. It worked well for the Indians". ;)
Score: 10 Votes (Like | Disagree)
tigres Avatar
147 months ago
Don't understand why this case is so hard to solve. All the DoJ have to do is get Apple to remove the clause from their agency agreements that prevents the publishers from selling their eBooks through Amazon at a lower price. If Apple wants to make 30% margin on eBook sales that's fine. If Amazon want to make 5% margin and sell the eBooks much cheaper that's up to them. It's a free market. Ultimately customers will decide who gets their money.

Your thinking way to logical.

We need a committee of at least 100 govt workers and a hearing to conclude what you did on a forum in 2 years time.
Score: 7 Votes (Like | Disagree)
Ochyandkaren Avatar
147 months ago
Wrong analogy. But It worked well for those who elected said government.

"Trust the Government. It worked well for the Indians". ;)
These days, any government care less about the people.
Fake pundits are there to soothe the people, while the government please corporations.

----------

Wow, now that Amazon has almost completed its task of putting every B&M bookstore out of business, the government steps in to make sure their slash-and-burn business model survives in the digital market as well.

Obama’s guys are in the Amazon’s pocket.
Score: 6 Votes (Like | Disagree)