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  • Apple Widely Expected to Trounce DOJ in Court

    As evidenced by MMi's comprehensive coverage over the last 24 hours, one of the biggest stories in tech and business this week is the lawsuit filed by the U.S. Department of Justice against Apple and five of the largest publishing houses in the world.

    By now, you're likely well aware of why the DOJ is pursuing Apple and publishers Hachette, Harper Collins, Simon & Shuster, Macmillan, and The Penguin Publishing Co. Ltd. Apple and it's cohorts in the eBook world have allegedly engaged in unsavory practices regarding ebook price fixing.

    So is Apple going to get beaten and battered in the court of law? Don't count on it, say more than a few expert legal scholars who have assessed the situation. By and large, most expect Apple to trounce the government, which has a whole lot less cash to blow on lawyers than Apple does.

    Dominick Armentano, professor emeritus of economics at the University of Hartford, tells CNET that Apple will likely come out unscathed from the matter. The publishing houses may not be so lucky, however. Geoffrey Manne, who teaches antitrust law at the Lewis and Clark Law School in Oregon, agrees. "It's a harder case against Apple than the publishers," Manne asserts.
    The U.S. Justice Department's legal pursuit of Apple for alleged e-book price fixing stretches the boundaries of antitrust law and is likely to end in defeat. That's what happened in 1982, when an embarrassed Justice Department admitted its antitrust lawsuit against IBM was "without merit" and abandoned the case.
    "I'm not saying that Apple can smile and walk away from this," Joseph Bauer, a professor of law at the University of Notre Dame, adds. "It's just that the government will have to show that Apple had some kind of involvement in the original arrangement."

    Source: CNET
    This article was originally published in forum thread: Apple Widely Expected to Trounce DOJ in Court started by Michael Essany View original post
    Comments 6 Comments
    1. cmwade77's Avatar
      cmwade77 -
      Hmm...I still fail how saying, sorry, you can't sell your books on any other site at a cheaper price is not illegal.
    1. jbardi's Avatar
      jbardi -
      It's not illegal because they don't HAVE to go through Apple, but if they choose to, they accept that policy. The publishers aren't gripping, it's Amazon that is whining because it wants to under cut Apple for a loss just to try and draw all their customers to Kindle.
    1. Mrteacup's Avatar
      Mrteacup -
      Apple could lose 100 million dollars and come back unscathed
    1. lkailburn's Avatar
      lkailburn -
      It would be one thing to say that they are likely to win because the suit is unfounded or there is already evidence showing they were not in on it. But to say they likely are doing something illegal,will crush the govt in a lawsuit and get away with it simply because they have so much cash to throw around is disgusting.

    1. fleurya's Avatar
      fleurya -
      Quote Originally Posted by cmwade77 View Post
      Hmm...I still fail how saying, sorry, you can't sell your books on any other site at a cheaper price is not illegal.
      Because the publishers can just choose to not sell them through Apple's store, see?

      Also, airlines and hotels do it all the time with their "best rate guarantee" deals.
    1. RICO_'s Avatar
      RICO_ -
      I don't see an explanation as to why Apple is expected to win this case. So far all I see is a mention of an old case which has nothing to do with this one, and an idiotic and completely irrelevant statement that Apple has more money for lawyers than the government.

      Do you really think the government went into this case without being able to secure reliable legal representation? Not to mention the fact that evidence is evidence.....and if enough of it is stacked against you it wont matter how many lawyers you have.