This document summarizes an article from the CPI Antitrust Chronicle about the DOJ's antitrust lawsuit against Apple and book publishers regarding ebook pricing. It provides background on the case, explaining that the DOJ alleges Apple facilitated a hub-and-spoke conspiracy to switch from the wholesale pricing model to an agency model and raise ebook prices. It summarizes the legal arguments and precedents regarding hub-and-spoke conspiracies. It also discusses Apple's previous use of the agency model in digital music and news and questions whether Apple truly shared the publishers' goal of price fixing, as the model was not new to Apple.
The document discusses the online music industry, including key players like iTunes, statistics on digital music revenues, and challenges like piracy. It analyzes the industry using Porter's Five Forces model and recommends that the sector is not worth investing in currently due to high competition, bargaining power of customers, threat of substitutes and new entrants, and need for stronger piracy legislation. ISPs and governments play a role in curbing piracy through graduated response laws and subscriber education.
The document provides information about Irn Bru, a popular soft drink brand in Scotland. It discusses Irn Bru's history, noting it was first produced in 1901 and changed its name in 1946. It is currently the third best-selling soft drink in the UK, outselling brands like Fanta and Dr Pepper. To advertise, Irn Bru uses humorous television commercials and posters featuring animals or people with witty taglines. The company strongly associates with Scottishness to appeal to Scottish consumers.
Amazon is the world's largest online retailer that sells books, music, movies, electronics and more directly or through other retailers. It aims to offer customers the lowest prices, best selection and utmost convenience. Founded in 1994 by Jeff Bezos and headquartered in Seattle, Washington, Amazon generates over two-thirds of its revenue from the US and also has significant operations in Germany, the UK, Japan and other countries. It owns subsidiaries including Whole Foods Market, Zappos, Kiva Systems, PillPack and Twitch Interactive. Amazon's products and services include Amazon Web Services, Amazon Pay, Prime Videos, Music and Alexa devices. It employs strategies like offering a wide range of products, a customer
The document discusses how game theory can help analyze the challenges facing the music industry in the digital age. It frames the issue of music piracy as a prisoner's dilemma between internet service providers and record labels. It also examines the prisoner's dilemmas between artists and record labels, and between artists and consumers. Potential solutions discussed include bundling music with other products, improving digital rights management, and educating consumers.
W16147 apple and its suppliers corporate socssuserfa5723
- Apple faced challenges in ensuring ethical working conditions at its suppliers in China, despite efforts to address past issues. A 2014 BBC documentary found continued labor rights violations at Pegatron, an Apple supplier.
- Jeff Williams, newly appointed head of Apple's supply chain, was put in charge of responding to the allegations. Apple had made progress but still faced scrutiny as the most valuable company.
- Managing a global supply chain raised challenges around differing expectations and environments in various countries where Apple and its suppliers operated.
Former Steve Jobs and Board of Directors of Apple Inc. Sued by Shareholders -...Stephane Beladaci
The board of directors of Apple Inc. was hit with a derivative lawsuit in a California federal court filed by a putative class of shareholders who allege the board harmed Apple by engaging in illegal antitrust conspiracy.
“Corporate officers and directors owe the highest fiduciary duties of care and loyalty to the corporation they serve,” the lawsuit says. “These members have formed incestuous relationships with other corporations and used these relationships to suppress innovation and employee pay. By allowing this behavior to continue, the Board not only violated California and federal law, they also violated their own company’s ethical standards and guidelines.”
The suit names current and former directors William V. Campbell, Apple CEO Timothy D. Cook, Millard Drexler, Arthur D. Levinson, Walt Disney Co. head Robert A. Iger, Andrea Jung and Fred. D. Anderson and the estate of Apple founder Steve Jobs — who the suit says was central to the antitrust scheme.
The document summarizes the findings of a test of the fastest mobile networks in the United States conducted by PCMag. It drove over 20,000 miles testing AT&T, Sprint, T-Mobile and Verizon Wireless networks in various cities. It also discusses the plug-in hybrid cars used for the testing, and notes that while they performed well, their limited electric range and long charging times make them more suitable for short daily commutes than long road trips. It raises privacy concerns about the data on driving behavior that the cars record and transmit.
The document discusses the online music industry, including key players like iTunes, statistics on digital music revenues, and challenges like piracy. It analyzes the industry using Porter's Five Forces model and recommends that the sector is not worth investing in currently due to high competition, bargaining power of customers, threat of substitutes and new entrants, and need for stronger piracy legislation. ISPs and governments play a role in curbing piracy through graduated response laws and subscriber education.
The document provides information about Irn Bru, a popular soft drink brand in Scotland. It discusses Irn Bru's history, noting it was first produced in 1901 and changed its name in 1946. It is currently the third best-selling soft drink in the UK, outselling brands like Fanta and Dr Pepper. To advertise, Irn Bru uses humorous television commercials and posters featuring animals or people with witty taglines. The company strongly associates with Scottishness to appeal to Scottish consumers.
Amazon is the world's largest online retailer that sells books, music, movies, electronics and more directly or through other retailers. It aims to offer customers the lowest prices, best selection and utmost convenience. Founded in 1994 by Jeff Bezos and headquartered in Seattle, Washington, Amazon generates over two-thirds of its revenue from the US and also has significant operations in Germany, the UK, Japan and other countries. It owns subsidiaries including Whole Foods Market, Zappos, Kiva Systems, PillPack and Twitch Interactive. Amazon's products and services include Amazon Web Services, Amazon Pay, Prime Videos, Music and Alexa devices. It employs strategies like offering a wide range of products, a customer
The document discusses how game theory can help analyze the challenges facing the music industry in the digital age. It frames the issue of music piracy as a prisoner's dilemma between internet service providers and record labels. It also examines the prisoner's dilemmas between artists and record labels, and between artists and consumers. Potential solutions discussed include bundling music with other products, improving digital rights management, and educating consumers.
W16147 apple and its suppliers corporate socssuserfa5723
- Apple faced challenges in ensuring ethical working conditions at its suppliers in China, despite efforts to address past issues. A 2014 BBC documentary found continued labor rights violations at Pegatron, an Apple supplier.
- Jeff Williams, newly appointed head of Apple's supply chain, was put in charge of responding to the allegations. Apple had made progress but still faced scrutiny as the most valuable company.
- Managing a global supply chain raised challenges around differing expectations and environments in various countries where Apple and its suppliers operated.
Former Steve Jobs and Board of Directors of Apple Inc. Sued by Shareholders -...Stephane Beladaci
The board of directors of Apple Inc. was hit with a derivative lawsuit in a California federal court filed by a putative class of shareholders who allege the board harmed Apple by engaging in illegal antitrust conspiracy.
“Corporate officers and directors owe the highest fiduciary duties of care and loyalty to the corporation they serve,” the lawsuit says. “These members have formed incestuous relationships with other corporations and used these relationships to suppress innovation and employee pay. By allowing this behavior to continue, the Board not only violated California and federal law, they also violated their own company’s ethical standards and guidelines.”
The suit names current and former directors William V. Campbell, Apple CEO Timothy D. Cook, Millard Drexler, Arthur D. Levinson, Walt Disney Co. head Robert A. Iger, Andrea Jung and Fred. D. Anderson and the estate of Apple founder Steve Jobs — who the suit says was central to the antitrust scheme.
The document summarizes the findings of a test of the fastest mobile networks in the United States conducted by PCMag. It drove over 20,000 miles testing AT&T, Sprint, T-Mobile and Verizon Wireless networks in various cities. It also discusses the plug-in hybrid cars used for the testing, and notes that while they performed well, their limited electric range and long charging times make them more suitable for short daily commutes than long road trips. It raises privacy concerns about the data on driving behavior that the cars record and transmit.
The Future of Digital Music and Artistry - Brian Solis at Midem 2015Brian Solis
The Convergence of Artistry and Experience.
Brian Solis studies disruptive technology and digital anthropology. He’s also an artist who has spent time with some of music’s biggest stars. In his presentation, he will explore the evolution of the music business, the relationship between artist and fan and also the changing dynamics in the value of music. Ranging from iTunes to Spotify to the decline of album sales, he will share the sweet musical notes of convergence and the future of music.
Social, Mobile, Social TV, Digital, Internet far reaching consequences & Tren...Rajendra Singh
NBC has agreed to pay $7.65 billion for the broadcast rights to air the Olympics on television and online from 2022 to 2032. This is a large bet by NBC that it can profit from the Olympics over the next 18 years, despite uncertainties around future media consumption habits. NBC sees value in airing the Olympics beyond just money, as it benefits other programming, but it will need to expand coverage across cable and digital to capitalize further. The new deal represents a 40% increase in cost per Olympics compared to NBC's previous contract.
EMI was one of the largest record labels and music publishers, owning the rights to artists like the Beatles, David Bowie, and Coldplay. In the 2000s, digital downloads grew rapidly but physical sales declined, leading to losses. EMI was sold to private equity firm Terra Firma in 2007. However, poor management, loss of top artists, and failure to adapt to changes in the industry continued to hurt EMI.
This document discusses a case study on Apple that was produced by a student. It provides background on Apple, noting that it was founded in 1976 and designs/makes phones, computers, software like iTunes. It states Apple was originally a computer company but became more media-focused with iTunes. It discusses Apple's competition from companies like Dell and Microsoft. The case study also covers Apple's wide consumer base, challenges with operating globally, and negative press around its manufacturing processes.
How The Love of Music has changed our Business WorldThorsten Faltings
Over the last decade, there was a Giant Refresh in the Business World:
- Many destroyed value chains,
- Business Innovation everywhere,
- Various new markets with new leaders,
- Empowered & emancipated Consumers.
This is the story about how the love of music laid the Foundation for many Innovations in the past 12 years, turning the Business World upside down.
PG&E has spent $44.2 million to support Proposition 16, a ballot initiative that would make it more difficult for municipalities to establish public power alternatives to PG&E's electricity monopoly. At the same time, PG&E is requesting a $4 billion rate hike from the California Public Utilities Commission. Opponents of Proposition 16 have raised far less money and are turning to creative grassroots tactics like parody songs to get their message out. If passed, Proposition 16 could allow PG&E to raise rates further in the future without competition from public power programs.
The document discusses the long tail concept, which refers to the trend of businesses earning significant revenue from a large number of unique products that are each sold in relatively small quantities, as opposed to a small number of popular products sold in large quantities. It was first named and popularized by Chris Anderson in 2003 based on earlier research. The long tail shows that niche markets can be as important or more important than mass markets. Businesses like iTunes and Amazon have adopted this model to better serve niche customer interests. However, some studies have criticized Anderson's use of absolute numbers rather than percentages to compare mass and niche markets.
This document discusses innovation in the music industry due to changing technology and consumer behavior. It outlines how technology has disrupted the industry through digitization, the internet, and mobile devices. Consumer expectations have also changed, desiring free, on-demand, mobile access to music. This has led music businesses to innovate, developing new digital music services like streaming platforms to meet these changing needs. The document concludes that an evolving transformation of the music industry through new business models and addressing technology and consumer trends can lead to a sustainable future for the industry.
The document discusses the history of the company JS Data, which was founded in Rhode Island in 1978 by John Sacco after working at South County Hospital. JS Data specialized in hospital information systems software for IBM minicomputers. The company grew rapidly in the early 1980s alongside the introduction of DRG payments, reaching over 100 employees serving more than 200 hospitals. It is not revealed in this document what ultimately happened to JS Data.
PROSUMER REPORT DIGITAL AND THE NEW CONSUMERHavasWWSpain
This document summarizes the key findings of a survey about digital commerce and consumer shopping habits. The survey found that:
- Most consumers now feel comfortable making purchases online and via mobile devices, though security concerns still exist for many.
- People are increasingly blending online and offline research and activities to make purchase decisions in a seamless way across channels.
- Social media has become an important way for consumers to communicate with brands and get opinions from others.
This portfolio includes information about a tidal energy research project with the University of Reykjavik, a design project for an artificial reef in Hawaii, and a collection of original pictures, videos, and sketches.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
This document provides information on the design of vertical wall breakwaters. It discusses different types of vertical wall breakwaters including conventional, vertical composite, horizontal composite, block type, and piled breakwaters. The document outlines the objectives of understanding hydraulic loads, preliminary breakwater design, and comparing vertical wall and rubble mound breakwaters. It also covers functional requirements, loads and resistance considerations, failure modes, and introductory design methods including the use of the PROVERBS parameter map to identify breaking wave conditions. Worked examples of breakwater types and failures are presented.
Breakwaters, jetties, and groins are coastal structures used to protect harbors and shorelines from wave energy. Breakwaters are structures that reflect and dissipate wave energy to shelter harbors. Jetties are narrow structures that project from the shore into water and provide berths for ships. Groins are structures built perpendicular to the shore to trap littoral drift and protect or build beaches. There are different types of each structure based on materials, permeability, and orientation relative to shorelines and water flow.
This document provides information on different types of breakwaters, including rubble mound, detached, attached, and solid or vertical breakwaters. It discusses parameters for breakwater construction such as geotechnical investigations, wave hindcasting, and cross-sectional design. Rubble mound breakwaters are made of quarried rock and armor stones and are suitable for shallower depths, while caisson breakwaters can be used in deeper waters. Proper design considers factors like foundation material, water depth, and wave height.
This document discusses different types of breakwaters. Breakwaters are structures built along coasts to protect areas from wave disturbance. There are three main categories: rubble mound breakwaters, vertical-wall breakwaters, and floating breakwaters. Rubble mound breakwaters are constructed from natural rubble or stone and are the most widely used in Indian ports due to their cost-effectiveness. Vertical-wall breakwaters use concrete blocks or mass concrete and reflect waves without dissipating much energy. Floating breakwaters are removable structures constructed from caissons or pontoons that can be sunk or floated as needed.
Breakwaters are structures that protect coastal areas from wave attack. They provide shelter for ports and harbors by manipulating sand transport and trapping sand. There are various types of breakwaters such as rubble mound, vertical wall, reef, piled, and combinations. The appropriate type depends on factors like materials availability, water depth, foundations, and costs. Vertical wall breakwaters resist loads through friction and soil bearing capacity and can fail through sliding, overturning, or local scour/erosion. Breakwaters are important for protecting coastal infrastructure from hazards while considering economics and suitable design.
In the world of modern commerce, the situation frequently occurs that two enterprises find themselves using an identical or similar trade mark to market their own products or services, without each company’s actions necessarily interfering with the business of the other. Coexistence agreements are often used to formalise the parties positions in such situations, wherein each party recognises the right of the other party to their respective mark, and an agreement is reached as to the terms on which they may exist together in the marketplace.
The document discusses the transition from physical to digital media. It describes three stages: physical media is better, controlling digital use, and widespread digital adoption. It notes the success of Apple's iTunes model and failure of DRM strategies to control copying. As digital content becomes commoditized, vendors must differentiate through dynamic content, services around content like relationships and reintermediation. The transition follows music, then audiobooks, books and videos from physical to digital formats.
This document discusses the impact of file sharing on copyright and incentives to create new works. It summarizes that while file sharing reduced profits for some industries like music, evidence shows it did not discourage overall artistic production. Book and film output increased since 2000 despite weaker copyright protections from file sharing. While some studies found file sharing displaced some sales, it also increased profits through complementary markets like concerts and electronics. Overall the available evidence suggests file sharing has benefited society by lowering consumer prices without deterring creativity.
The Future of Digital Music and Artistry - Brian Solis at Midem 2015Brian Solis
The Convergence of Artistry and Experience.
Brian Solis studies disruptive technology and digital anthropology. He’s also an artist who has spent time with some of music’s biggest stars. In his presentation, he will explore the evolution of the music business, the relationship between artist and fan and also the changing dynamics in the value of music. Ranging from iTunes to Spotify to the decline of album sales, he will share the sweet musical notes of convergence and the future of music.
Social, Mobile, Social TV, Digital, Internet far reaching consequences & Tren...Rajendra Singh
NBC has agreed to pay $7.65 billion for the broadcast rights to air the Olympics on television and online from 2022 to 2032. This is a large bet by NBC that it can profit from the Olympics over the next 18 years, despite uncertainties around future media consumption habits. NBC sees value in airing the Olympics beyond just money, as it benefits other programming, but it will need to expand coverage across cable and digital to capitalize further. The new deal represents a 40% increase in cost per Olympics compared to NBC's previous contract.
EMI was one of the largest record labels and music publishers, owning the rights to artists like the Beatles, David Bowie, and Coldplay. In the 2000s, digital downloads grew rapidly but physical sales declined, leading to losses. EMI was sold to private equity firm Terra Firma in 2007. However, poor management, loss of top artists, and failure to adapt to changes in the industry continued to hurt EMI.
This document discusses a case study on Apple that was produced by a student. It provides background on Apple, noting that it was founded in 1976 and designs/makes phones, computers, software like iTunes. It states Apple was originally a computer company but became more media-focused with iTunes. It discusses Apple's competition from companies like Dell and Microsoft. The case study also covers Apple's wide consumer base, challenges with operating globally, and negative press around its manufacturing processes.
How The Love of Music has changed our Business WorldThorsten Faltings
Over the last decade, there was a Giant Refresh in the Business World:
- Many destroyed value chains,
- Business Innovation everywhere,
- Various new markets with new leaders,
- Empowered & emancipated Consumers.
This is the story about how the love of music laid the Foundation for many Innovations in the past 12 years, turning the Business World upside down.
PG&E has spent $44.2 million to support Proposition 16, a ballot initiative that would make it more difficult for municipalities to establish public power alternatives to PG&E's electricity monopoly. At the same time, PG&E is requesting a $4 billion rate hike from the California Public Utilities Commission. Opponents of Proposition 16 have raised far less money and are turning to creative grassroots tactics like parody songs to get their message out. If passed, Proposition 16 could allow PG&E to raise rates further in the future without competition from public power programs.
The document discusses the long tail concept, which refers to the trend of businesses earning significant revenue from a large number of unique products that are each sold in relatively small quantities, as opposed to a small number of popular products sold in large quantities. It was first named and popularized by Chris Anderson in 2003 based on earlier research. The long tail shows that niche markets can be as important or more important than mass markets. Businesses like iTunes and Amazon have adopted this model to better serve niche customer interests. However, some studies have criticized Anderson's use of absolute numbers rather than percentages to compare mass and niche markets.
This document discusses innovation in the music industry due to changing technology and consumer behavior. It outlines how technology has disrupted the industry through digitization, the internet, and mobile devices. Consumer expectations have also changed, desiring free, on-demand, mobile access to music. This has led music businesses to innovate, developing new digital music services like streaming platforms to meet these changing needs. The document concludes that an evolving transformation of the music industry through new business models and addressing technology and consumer trends can lead to a sustainable future for the industry.
The document discusses the history of the company JS Data, which was founded in Rhode Island in 1978 by John Sacco after working at South County Hospital. JS Data specialized in hospital information systems software for IBM minicomputers. The company grew rapidly in the early 1980s alongside the introduction of DRG payments, reaching over 100 employees serving more than 200 hospitals. It is not revealed in this document what ultimately happened to JS Data.
PROSUMER REPORT DIGITAL AND THE NEW CONSUMERHavasWWSpain
This document summarizes the key findings of a survey about digital commerce and consumer shopping habits. The survey found that:
- Most consumers now feel comfortable making purchases online and via mobile devices, though security concerns still exist for many.
- People are increasingly blending online and offline research and activities to make purchase decisions in a seamless way across channels.
- Social media has become an important way for consumers to communicate with brands and get opinions from others.
This portfolio includes information about a tidal energy research project with the University of Reykjavik, a design project for an artificial reef in Hawaii, and a collection of original pictures, videos, and sketches.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
This document provides information on the design of vertical wall breakwaters. It discusses different types of vertical wall breakwaters including conventional, vertical composite, horizontal composite, block type, and piled breakwaters. The document outlines the objectives of understanding hydraulic loads, preliminary breakwater design, and comparing vertical wall and rubble mound breakwaters. It also covers functional requirements, loads and resistance considerations, failure modes, and introductory design methods including the use of the PROVERBS parameter map to identify breaking wave conditions. Worked examples of breakwater types and failures are presented.
Breakwaters, jetties, and groins are coastal structures used to protect harbors and shorelines from wave energy. Breakwaters are structures that reflect and dissipate wave energy to shelter harbors. Jetties are narrow structures that project from the shore into water and provide berths for ships. Groins are structures built perpendicular to the shore to trap littoral drift and protect or build beaches. There are different types of each structure based on materials, permeability, and orientation relative to shorelines and water flow.
This document provides information on different types of breakwaters, including rubble mound, detached, attached, and solid or vertical breakwaters. It discusses parameters for breakwater construction such as geotechnical investigations, wave hindcasting, and cross-sectional design. Rubble mound breakwaters are made of quarried rock and armor stones and are suitable for shallower depths, while caisson breakwaters can be used in deeper waters. Proper design considers factors like foundation material, water depth, and wave height.
This document discusses different types of breakwaters. Breakwaters are structures built along coasts to protect areas from wave disturbance. There are three main categories: rubble mound breakwaters, vertical-wall breakwaters, and floating breakwaters. Rubble mound breakwaters are constructed from natural rubble or stone and are the most widely used in Indian ports due to their cost-effectiveness. Vertical-wall breakwaters use concrete blocks or mass concrete and reflect waves without dissipating much energy. Floating breakwaters are removable structures constructed from caissons or pontoons that can be sunk or floated as needed.
Breakwaters are structures that protect coastal areas from wave attack. They provide shelter for ports and harbors by manipulating sand transport and trapping sand. There are various types of breakwaters such as rubble mound, vertical wall, reef, piled, and combinations. The appropriate type depends on factors like materials availability, water depth, foundations, and costs. Vertical wall breakwaters resist loads through friction and soil bearing capacity and can fail through sliding, overturning, or local scour/erosion. Breakwaters are important for protecting coastal infrastructure from hazards while considering economics and suitable design.
In the world of modern commerce, the situation frequently occurs that two enterprises find themselves using an identical or similar trade mark to market their own products or services, without each company’s actions necessarily interfering with the business of the other. Coexistence agreements are often used to formalise the parties positions in such situations, wherein each party recognises the right of the other party to their respective mark, and an agreement is reached as to the terms on which they may exist together in the marketplace.
The document discusses the transition from physical to digital media. It describes three stages: physical media is better, controlling digital use, and widespread digital adoption. It notes the success of Apple's iTunes model and failure of DRM strategies to control copying. As digital content becomes commoditized, vendors must differentiate through dynamic content, services around content like relationships and reintermediation. The transition follows music, then audiobooks, books and videos from physical to digital formats.
This document discusses the impact of file sharing on copyright and incentives to create new works. It summarizes that while file sharing reduced profits for some industries like music, evidence shows it did not discourage overall artistic production. Book and film output increased since 2000 despite weaker copyright protections from file sharing. While some studies found file sharing displaced some sales, it also increased profits through complementary markets like concerts and electronics. Overall the available evidence suggests file sharing has benefited society by lowering consumer prices without deterring creativity.
An overview of the basics of US copyright fair use for entrepreneurs, business people, and creative professionals. "What Is Fair Use?" includes the following:
A brief review of copyright.
Copyright law vs. the First Amendment.
How do you "claim" Fair Use?
The Four Factors of Fair Use.
Important Fair Use Cases.
The future of Fair Use.
For more information, please go to LizerbramLaw.com
An overview of the basics of US copyright fair use for entrepreneurs, business people, and creative professionals. "What Is Fair Use?" includes the following:
A brief review of copyright.
Copyright law vs. the First Amendment.
How do you "claim" Fair Use?
The Four Factors of Fair Use.
Important Fair Use Cases.
The future of Fair Use.
For more information, please go to LizerbramLaw.com
This paper was for my International Business Law (IBS320) class back in the Spring of April 2009. This paper goes into detail about the art of counterfeiting currency, as well as trademark infringement cases from Apple to FBI and Chinese seizures. In my opinion, it is an interesting topic and well written paper. There is no Power Point associated with this paper, but I think it would have been a great Power Point to make if it was demanded by the professor.
The document discusses the concept of the "Long Tail" in media and entertainment. It describes how traditional retail and distribution is limited by physical constraints like shelf space, but digital distribution through services like Amazon and Netflix allow access to a vast "Long Tail" of less popular content. This Long Tail content collectively makes up a market that is larger than just the hits. The document argues that embracing and making all content available is a new rule for digital media companies as aggregation allows even niche audiences to be profitable.
Essay Essential For Peace And Harmony. Online assignment writing service.Kristin Thomas
The document outlines the steps to request and receive help with an assignment from the website HelpWriting.net. It describes registering for an account, completing an order form with instructions and deadline, and reviewing bids from writers to select one and authorize payment after receiving a satisfactory completed paper. The process involves multiple revisions to ensure customer satisfaction and a refund is offered if plagiarism is found.
Amspec Bond Writing Paper Long 20S - Department StoreLaura Johnson
The document provides instructions for requesting writing assistance from HelpWriting.net in 5 steps:
1. Create an account with a password and email.
2. Complete a 10-minute order form with instructions, sources, and deadline.
3. Review bids from writers and choose one based on qualifications.
4. Review the completed paper and authorize payment if satisfied.
5. Request revisions until fully satisfied, with a refund option for plagiarism.
Importing Software and Copyright Law Computer Internet Lawyer Rachel Hamilton
The document summarizes a recent US Supreme Court case, Kirtsaeng v. John Wiley & Sons, Inc., that established that copies of copyrighted works lawfully made and sold abroad can be resold in the US without the copyright owner's permission under the "first sale doctrine." It discusses how this impacts the ability to resell consumer goods, like cars containing copyrighted software, in the US. It also examines how this case relates to the ongoing debate around whether software transactions constitute a "sale," conveying ownership, or a license.
US Customer Decision to Purchase an iPhone vs Android PhoneBenjamin Bewick
1) Apps are not the primary driver of consumers' decisions to purchase an iPhone versus an Android phone in the US market.
2) The smartphone market exhibits indirect network effects, where the value of a phone increases as the number of available apps increases, driving app developers and customers to cluster around a single dominant platform.
3) However, in the US the market is roughly split between iPhone and Android phones. A customer's choice is based on preferences for the other features of each phone, not apps, since the most popular apps are available on both.
Find a publicly-traded company (Microsoft) using a financial infor.docxvoversbyobersby
Find a publicly-traded company (Microsoft) using a financial information website. For The Following Company :
Microsoft
Watch the Industry Averages and Financial Ratios video and use the industry classification from the financial services website to locate the company's SIC code on the U.S. Department of Labor's website.
Find the industry ratios for the company using the Dun & Bradstreet® Key Business Ratios link in the Week 2 Electronic Reserve Readings. If your company's SIC code does not appear in the dropdown menu, choose another company.
Calculate the following ratios for the company using the two most recent annual financial statements found on the financial information website you used earlier. Be careful not to use quarterly information, and include ratios for both years.
· Current Ratio
· Quick Ratio
· Collection Period
· Return on Equity (~Net Worth)
Observe the year to year ( 2 years ) trend for each ratio and what it tells you about the organization's financial health.
Compare the ratios for the company you selected with the appropriate industry ratios shown on the Dun & Bradstreet® report.
Write a 1,050-1,400 word response about how the company you selected performed year to year and versus the industry based on what the ratios indicate. Show your calculations for the ratios and attach copies of the financial statements used as an exhibit.
Case4
Read the case on page 183 entitled The Digital Music Distribution Revolution.
The Digital Music DistributionRevolution1
Fraunhofer and MP3 In 1991, Fraunhofer IIS of Germany developed an algorithm that would set in motion a revolution in how music was distributed, stored, and consumed. The algorithm ( commonly referred to as a codec) allowed compression of digital audio to approx-imately one- tenth of its original size with minimal compromise in audible quality. The format also enabled song information such as the song title and artist to be embedded within the file. This format for compressed audio files was later dubbed MPEG- 1 layer 3— a. k. a. MP3. By 1995, software programs were available that enabled consumers to convert tracks from compact discs to MP3 files. This tech-nology transformed how music could be manipulated— a song was now a file that could be kept on a hard drive, and the file was small enough to be shared over the Internet. The MP3 format became wildly popular by users sharing their music online, and software companies began releasing many variants of MP3 encoders ( utilities that compress files into MP3s) and decoders ( utilities that play back MP3s). Hardware manufacturers decided to capitalize on this new trend and several hardware MP3 players began appearing on the market.
With the growing popularity of the file format, Fraunhofer was faced with a dilemma— should it enforce its patent on the use of the MP3 algorithm and attempt to collect royalties for its use, or should it allow users and software/ hardware man-ufacturers to make free use of the alg ...
PELTON PowerPoint: ABA Cyberspace Institute 2011-01-28erikpelton
"Trademark Strategies for 2012" Presentation to the American Bar Association's Cyberspace Institute in Austin Texas on January 28, 2011. The presentation explores recent changes to the practice of trademark law, and what the future might hold for trademark owners and attorneys who advise them.
Blank Chinese Pinyin Tian Zi Ge Writing Practice PaperRhonda Cetnar
This document discusses Jane Smiley's novel "Pretties" and whether it can be considered a dystopia. Some key points made are:
- If you value appearance and plastic surgery, the novel may not seem like a dystopia. But if you think being "pretty" is unrightfully favored, it could be seen as dystopian.
- The idea that one can only be pretty after surgery is preposterous, as is the labeling of people as "Uglies" or "Pretties".
- The author hopes Tally does not become "pretty" so her character's understanding of societal problems is not changed by the surgery.
Example Literary Essay Middle School. Online assignment writing service.Brittany Avila
The document provides instructions for using a writing assistance service in 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form with instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if satisfied. 5) Request revisions to ensure satisfaction, with a refund option for plagiarized content.
Porter five forces analysis for Apple's music businessAkshat Saxena
Apple is analyzed using Porter's Five Forces model to determine if it has become a monopoly in the digital content industry like Microsoft. Apple dominates the digital music market with its iTunes store controlling 63% market share. Record labels and customers have little bargaining power due to their dependence on Apple's large customer base. While competition in the computer industry remains, the threat of new entrants in digital music is low except from Google. Apple's strong position is derived from its integration of hardware with digital content and services, locking customers into its ecosystem.
The Long Arm of the Law, presentation by Bill Hannay, Schiff Hardin LLPCharleston Conference
You can run, but, really, you can't hide from the long arm of the law. This fact is known to Kenny Rogers -- and to all librarians. For example, many basic library operations are entwined with copyright law, which enables us to make materials available to readers and to provide for long-term access. And copyright is but one of many legal constructs that impacts 21st century library activities and practices. In this digital age, the law is evermore a factor, ensnaring us in the complications of regimes developed largely for the print environment. Today, all are working to develop new "rules" governing a transformed age of content creation, delivery, and sharing. The 2010 Charleston conference presented for the first time an expert session on the "long arm," featuring attorneys who specialize in competition and copyright. Two of them (William Hannay and Lauren Schoenthaler) return this year, now joined by Jack Barnard (University of Michigan), to bring the Charleston audience up to date on leading developments in cases such as Sky River, the Google books settlement (still unresolved), Georgia State (reserves), John Wiley (first sale), and the FTC's investigation of Google. Hear their concerns and insights about electronic price-fixing, orphan works, web accessioning and downloading -- and anything else of importance that can be accommodated in a mere 75 minutes. After the presentations, there will be some time for audience engagement. This session once again promises to be a winner: educational, riveting, challenging, and stimulating.
Peer-to-peer (P2P) technology allows users to share files over the internet, but it enables illegal sharing of copyrighted content which harms the music and movie industries' revenues. There are many stakeholders affected including users who see P2P as a way to share with friends, industries that view it as theft, and legislators who must balance these interests. Past examples like the VCR show that new technologies are initially opposed but later balanced interests once mature. Effective solutions may lie in new business models that reduce users' motivation to download illegally rather than attempting to enforce laws.
This document summarizes an intellectual property case study on mobile phone piracy in China. It addresses questions about intellectual property rights, reasons for widespread piracy in China, and concerns for Apple regarding the "Hiphone" copy. Key points include: 1) Intellectual property rights protect ideas and ensure profit from innovations. 2) Rampant piracy in China is fueled by price and manufacturing advantages of copies. 3) Apple should be deeply concerned about loss of market share and customer base to high-quality copies like the Hiphone.
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“Siri: What is Antitrust?”
Anant Raut1
I. THINK SHERMAN ACT
The DOJ’s antitrust lawsuit against Apple and various book publishers, alleging an
unlawful conspiracy to raise eBook prices,2
evoked a swift and visceral reaction online. Mac-o-
philes the world over did a double take at their tablet screens and began posting furiously about
the DOJ specifically and antitrust in general
Two things became apparent.
One, most people have no idea what antitrust actually does. And the fault rests squarely
on us, as antitrust practitioners. Antitrust is a terrible word. It starts with a negative prefix.
Nearly half of it is spent preparing the listener for what it is not.3
Talk about it for too long, and
people’s eyes begin to glaze over, and excuses are made about refreshing one’s drink or the
lateness of the hour.4
Two, the people who like Apple really, really like Apple. While that’s easy to mock, it’s an
incredible story to think about. By the late ‘90s, under the dial-a-Dell model, computers had
become a commodity business. Apple went in the other direction, investing in style and making
computers a premium product. Apple became expensive and chic, like Bang & Olufsen if Bang &
Olufsen had targeted a demographics two generations younger.
Nor was Steve Jobs content with turning a handsome profit merely on the sale of
computers; it was his vision to use his stylish showpiece consumer products to upend a variety of
staid industries (which would, in turn, increase sales of said stylish showpiece consumer
products). While it may be easy to dismiss some of the Mac-o-Philes’ criticisms with the always-
infuriating “oh, they just don’t understand antitrust,” they are entirely right about one thing: The
model Apple sought to apply in the eBook industry is the same iTunes model it has applied
elsewhere without challenge under the antitrust laws.
II. THE ANTITRUST ARGUMENT IN A NUTSHELL
The DOJ alleges that Apple served as the “hub” in a “hub-and-spoke” conspiracy to raise
eBook prices and restrain competition. Until Apple came along, the eBook industry5
had been
1
Anant Raut is an antitrust attorney in Washington, D.C. All of the views expressed herein are his, and his
alone.
2
United States of America v. Apple, Inc., et al., 1:12-CV-02826-UA (S.D.N.Y. April 11, 2012) (hereinafter
“Complaint.”
3
And has anyone even used the term “trust” in that sense since the Dodgers left Brooklyn?
4
Nor does insisting upon the term “antitrust,” while the rest of the world uses the more intuitive term
“competition” help. But hey, maybe “soccer” will catch on eventually too.
5
I use the term “industry,” rather than “market,” because whether it’s a separate product market, in the
antitrust sense, is debatable. Many of the arguments made by the DOJ in paragraph 99 of the complaint in support
of an eBook product market actually go towards establishing an eReader product market.
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dominated by Amazon, with its dedicated Kindle eBook reading devices. Amazon operated what
is known as the wholesale model, in which the publishing houses supplied their eBooks at a
wholesale price to Amazon, which Amazon then resold at a price of its choosing. Amazon
bargained hard with publishers to provide their eBooks at low wholesale prices, which then
allowed Amazon to sell eBooks at the relatively low price of $9.99.
Apple, according to DOJ’s complaint, proposed an alternative model, an “agency” model,
in which Apple would sell eBooks at fixed tiers and take a fixed percentage of the sale price (30
percent). The DOJ alleges that the business model could only have worked if every publisher
agreed to sell through Apple’s agency model and either not sell to Amazon or collectively agreed
to boycott Amazon until it sold their books at a price comparable to Apple’s.6
There is established precedent for the DOJ’s legal argument. Hub-and-spoke models were
found to violate the antitrust laws in Interstate Circuit.7
In that case, the Supreme Court affirmed
that a group of movie distributors (accounting for 75 percent of all first-class feature films
exhibited in the United States) and a group of movie exhibitors (accounting for approximately
74 percent of all fees from licenses to show movies in theaters in their respective parts of Texas)
conspired to fix prices and restrain competition from independent movie theater operators. The
agreement was a letter sent by the exhibitors to each distributor, cc’ing each of the other
distributors, proposing both new, slightly higher retail prices for the films under their control as
well as restrictions on licensing to second-run theaters and theaters promoting double features.
Even though the exhibitors and distributors argued that the letters were individual
vertical agreements, the Supreme Court held that the fact that all of the other distributors had
been copied made it clear that no distributor would be going it alone. Thus, this raising of prices
was an action that would not have been in their individual self-interests, and was a radical
departure from a previous practice that was made possible only through collusion.
In Toys ‘R Us,8
toy retailer Toys ‘R Us was charged with facilitating a conspiracy among
toy manufacturers to limit supply to rival toy warehouse retailers. Toys ‘R Us was the dominant
toy retailer at the time, but wanted to nip competition in the bud, so it entered into a series of
agreements with its suppliers in which it would only sell products from those manufacturers that
were not available in other retail outlets. In deciding in favor of the FTC, the court held that
limiting sales to Toys ‘R Us’ rivals was contrary to every individual manufacturer’s business, and
that the agreements had been made contingent upon the manufacturers’ competitors agreeing to
the same terms.
Note a couple of critical differences between these cases and the eBooks case. In Toys ‘R
Us and Interstate Circuit, the “hub” in the hub-and-spoke conspiracies had considerable market
power; in eBooks, it is Amazon, not Apple, that is the dominant player. Moreover, in both Toys
‘R Us and Interstate Circuit, the illegal agreements that facilitated the conspiracies were new
business arrangements created specifically to suppress competition, whereas in eBooks, Apple
6
The complaint also contains an almost fetishistic level of detail as to which restaurants (and in which rooms)
meetings of conspirators are alleged to have taken place, creating an erstwhile Zagat’s Guide to Violating Section 1 of
the Sherman Act.
7
Interstate Circuit, Inc. v. United States, 306 US 208 (1939).
8
Toys ‘R Us, Inc. v. FTC, 221 F.3d 928 (7th
Cir. 2000).
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was applying a model it had been using for 8+ years, a model that had already upended not one,
but two industries.
III. I’VE HEARD THIS ONE BEFORE
Recall the music industry’s early fumblings with a business model for selling
downloadable digital music. It may seem quaint in retrospect, but there was a time around 1999
when Napster was seen as the music business’ apocalypse. At its peak, millions of digital copies of
songs were flying back and forth across Napster’s peer-to-peer network without the record
companies receiving a single cent.
The record companies reacted by creating new business models that treated their
customers as career criminals, replacing the traditional dynamic of merchant-customer with that
of prison guard-inmate. The business models were hideously conceived, cumbersome to use, and
laughably executed.
For example, PressPlay was a joint venture among Universal, Sony, and EMI. For $15 per
month, users could listen to 500 low-quality audio streams, download 50 audio tracks, and burn
10 tracks to a CD. Users that were huge fans of particular artists were out of luck, because they
couldn’t burn more than two tracks from the same artist, nor were all of the participating record
companies’ artists even part of the service. In another example, MusicNet was a competing joint
venture among Warner Music, BMG, and EMI. For $10 per month, users were entitled to 100
streamed songs and 100 “downloads,” in quotes because the “downloads” expired after 30 days.
And if users “downloaded” them again, they counted as a new “download.”9
The listening public
took off their headphones, carefully reviewed these fine options, and went back to swapping
music online for free.10
And that’s where digital music stood—in a tense showdown between the music public
and the music publishers, with the kind of mutual animus typically found between flight
attendants and coach class.
Apple (at the time, lightly regarded as a computer company that was coming out of a
nosedive because of the design instincts of Steve Jobs 2.0) was about to disrupt the music
industry at two levels—first, by breaking free of years of incrementalism and radically
redesigning the portable music player for a purely digital age (the iPod), and second, by single-
handedly forcing the record companies to change their business models to make purchasing
music for these devices as simple and intuitive as the devices themselves (iTunes).
9
Dan Tynan, The 25 Worst Tech Products of All Time, PC WORLD, (May 26, 2006), available at
http://www.pcworld.com/article/125772-3/the_25_worst_tech_products_of_all_time.html, and Tom Spring, Digital
Music: Worth Buying Yet?, PC WORLD (Jan. 18, 2002), available at
http://www.pcworld.com/article/80564/digital_music_worth_buying_yet.html.
10
The 5-Blade Razor Award for costliest example of most useless innovation goes to Sony, which spent $$$
developing an impregnable digital locking mechanism for its CDs. Basically, it encoded propriety software onto the
clear outer rim of the CD that essentially messed with the computer in order to prevent file-sharing. Within a few
days of its highly-touted release, the listening public took off their headphones and discovered that if you blacked out
the outermost edge with a Sharpie, you completely disabled the locking mechanism, and started swapping all of this
newly acquired music online for free.
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The key elements of the iTunes business model were uniform pricing, lack of digital
rights management restrictions, and ease of use. Consumers used to paying nothing for music
quite willingly began paying something, generating new revenue for both Apple and the music
publishers, and increasing overall consumption of music.
Eventually, the record companies would begin pushing back against the uniformity in
pricing, and demand variable pricing ability, a protracted multi-year battle that Apple ultimately
grudgingly conceded.11
But, by that point, Apple had become enamored with its model, and had
begun taking it to other industries.
IV. BREAKING NEWS
Stop the presses: the online news model has been a disaster. For some reason, during the
gorgeous efflorescence of the Web, print journalism companies thought that it was very
important to give away all of their proprietary content for free rather than risk having people
read something else on the Internet.12
It’s sort of like the Napster story had the record companies
gone to Shawn Fanning’s house13
and dropped off all of their master recordings and a year’s
supply of Hot Pockets. Predictably, newspapers that gave away their content discovered that they
were not making enough money to cover costs, and resorted to slashing personnel, coverage, or
incurring massive amounts of debt financing, resulting in truly sad stories about the Los Angeles
Times running fake news articles to promote movies and TV shows, and shock jocks installed as
management harassing the Chicago Tribune’s female reporters.
How bad was it? The New York Times published a piece by columnist David Carr in
which he essentially begged for someone to help them collude to raise prices:
…by coming up with an easy user interface and obtaining the cooperation of a
broad swath of music companies, Mr. Jobs helped pull the [music] business off the
brink. He has been accused of running roughshod over the music labels, which are
a fraction of their former size. But they are still in business. Those of us who are in
the newspaper business could not be blamed for hoping that someone like him
comes along and ruins our business as well by pulling the same trick: convincing
the millions of interested readers who get their news every day free on newspaper
sites that it’s time to pay up.14
According to the San Jose Mercury News, Jobs took the iTunes agency model and offered
it to newspapers in 2010, in advance of the introduction of yet another stylish and revolutionary
product, the iPad. News media at the time indicated that Jobs was proposing the same terms that
he had proposed to the music industry—a 30 percent cut of all subscriptions sold through the
App Store. Initially, publishers balked at forking over so much of their revenue without the
11
Although Apple may have the last laugh. It turns out that Steve Jobs may have been on to something with the
simplicity of a uniform pricing model. In a 2010 investor call, Warner Music Group CEO Edgar Bronfman admitted
that growth in the sales of digital music had slowed, in part due to the fact that consumers were now rattled by
variable pricing that been introduced into the iTunes store.
12
To this day, this is an incredibly popular internet business model. If you can say it with a straight face, and
liberally sprinkle in the terms “social” and “targeted advertisement,” rich strangers will just hand you money.
13
Shawn Fanning is the developer of Napster.
14
David Carr, NEW YORK TIMES, (Jan. 12, 2009), available at
http://www.nytimes.com/2009/01/12/business/media/12carr.html
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ability to control prices. But once Apple’s Newsstand application was introduced in October
2011, it became a huge success straight out of the gate.
Though Newsstand has only been live for a few months, participating companies are
boasting of record sales. Conde Nast has reported a 268 percent increase in the sale of its digital
magazines,15
while another study estimates that sales of the top 100 publications in Newsstand is
generating approximately $70,000 per day.16
More choices for consumers, more sales for content providers, more sales of Apple
products—that has been the legacy of the iTunes agency model. So what was so illegal about
introducing it into the eBook market?
V. HOLES AT THE CORE OF THE CASE AGAINST APPLE
A. The Flaw in the Price-Fixing Argument
“What Do You Mean, ‘We’?”
In the eBooks complaint, the DOJ alleges two violations of the antitrust laws—an
unlawful conspiracy to fix prices and an unreasonable restraint on trade. The complaint treats
Apple as the hub in a hub-and-spoke conspiracy that encompasses both, yet it’s not clear that
Apple belongs in either since hub-and-spoke models require a single-mindedness of purpose by
all of the alleged perpetrators.17
Even accepting the DOJ’s allegations that the publishers’ sole focus was to raise the price
of eBooks, it’s not clear that Apple shared the same goals. The DOJ must argue that Apple’s
purpose in introducing the iTunes agency model into the eBook industry was to fix prices with
the publishers. But, as shown above, Apple was introducing the exact same business model that it
had been successfully using elsewhere. In Toys ‘R Us and Interstate Circuit, the agreements at
issue were the first of their kind; in eBooks, Apple’s agency model was the exact same one it had
been using for 8 years.
The DOJ argues that “[t]o accomplish the goal of raising eBook prices and otherwise
limiting retail competition for eBooks, Apple and the Publisher Defendants jointly agreed to alter
the business model governing the relationship between publishers and retailers” and that “[t]his
change in business model would not have occurred without the conspiracy among the
15
David Kaplan, Publishers See Apple Newsstand Sales Surge, But Ad Sales Slow to Follow, paidContent.org.
(Oct. 26, 2011), available at http://paidcontent.org/2011/10/26/419-publishers-see-apple-newsstand-sales-surge-as-
ad-sales-slow-to-follow/.
16
Tom Cheredar, Apple’s Newsstand Generates $70K Per Day, Study Says, venturebeat.com (March 27, 2012),
available at http://venturebeat.com/2012/03/27/apple-newsstand-daily-revenue/.
17
See Impro Products, Inc. v. Herrick, 715 F.2d 1267, 1273 (8th Cir. Iowa 1983) (“Moreover, to satisfy the
concerted action requirement, the plaintiff must demonstrate that the defendants shared a ‘unity of purpose or a
common design and understanding, or a meeting of the minds’ to engage in the conduct prohibited by the Sherman
Act.”), and American Tobacco Co. v. United States, 328 U.S. 781, 810 (U.S. 1946) (“Where…the conspirators had a
unity of purpose or a common design and understanding, or a meeting of minds in an unlawful arrangement, the
conclusion that a conspiracy is established is justified.”)
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Defendants.”18
But there was no “change in business model” on Apple’s end. Without that, it’s
not clear that Apple can be accused of participating in a hub-and-spoke conspiracy.
B. The Flaw in the Boycott Argument
“With Rims Like These, Who Needs a Hub?”
The DOJ further argues that the defendants created an unreasonable restraint on trade, in
the form of a boycott of Amazon and eliminating competition among eBook retailers. With
respect to the boycott argument, the DOJ has made such a compelling case in establishing the
“rim” of its hub-and-spoke conspiracy that it may have undercut its argument against Apple.
In terms of the boycott, where the publishers rallied behind Macmillan and threatened to
withhold their eBooks unless Amazon agreed to adopt a model comparable to Apple’s, the only
way for the DOJ to bring Apple in as a defendant is through a hub-and-spoke model. But Apple
has nothing with which to boycott—it has never been a content supplier to Amazon, it doesn’t
publish eBooks, and it doesn’t own the rights to eBooks. The only legal argument is that Apple
somehow facilitated the boycott through the agency model.
Except that’s not what the DOJ argues. In order to prove a hub-and-spoke conspiracy,
one must establish evidence of the “rim,” i.e., horizontal agreements among the spokes. In this
case, the publishers are the spokes and the DOJ must demonstrate that they colluded with each
other to raise the prices of eBooks. Without this argument, one is left with a series of perfectly
legal vertical agreements between the hub and each of the publishers.
The DOJ supports its allegations of a rim, perhaps too well, because it is unclear what role
Apple (the hub) played in the boycott of Amazon. “After executing the Apple Agency
Agreement, the Publisher Defendants all then quickly acted to complete the scheme by imposing
agency agreements on all their other retailers….Once in control of retail prices, the Publisher
Defendants limited retail price competition among themselves.”19
The DOJ makes strong
allegations supporting a conspiracy among the publishers. But Apple isn’t even mentioned, nor is
it clear that it’s ever involved at all. “…[B]y refusing to compete with one another for Amazon’s
business, the Publisher Defendants could force Amazon to accept the Publisher defendant’s new
contract terms and to change its pricing strategies….The Publisher Defendants thus conspired to
act collectively…”20
It’s unclear why the publishers would need to pass information through Apple when they
seem comfortable calling each other directly:
The executive in charge of Apple’s inchoate eBooks business, Eddy Cue,
telephoned each Publisher Defendant and Random House on or around
December 8, 2009 to schedule exploratory meetings in New York City on
December 15 and December 16….It appears that Hachette and HarperCollins
communicated with each other about moving to an agency model during the brief
18
Complaint, ¶5.
19
Complaint, ¶8:
20
Complaint, ¶¶46-47:
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window between Mr. Cue’s first telephone calls to the Publisher Defendants and
his visit to meet with their CEOs.21
The DOJ also seems to suggest that the publishers would have moved to an agency model
even without Apple. “In negotiating the retail price MFN with Apple, ‘some of [the Publisher
Defendants]’ asserted that Apple did not need the provision ‘because they would be moving to an
agency model with [the other eBook retailers,] regardless.’”22
In other words, the DOJ’s boycotting case against the publishers exists without the
presence of Apple. “Near the time Apple first presented the agency model, one Publisher
Defendant’s CEO used a telephone call…to tell Penguin USA CEO David Shanks that ‘everyone
is in the same place with Apple.’”23
C. Flaws in the Elimination of Competition Among eBook Retailers Argument
“We Just Got Here, Actually”
Elimination of competition among eBook retailers as an unlawful restraint of trade will
most likely be evaluated under rule of reason analysis (in which the pro-competitive benefits of a
disputed practice are weighed against its anticompetitive effects). The argument will turn upon
the legality of Apple’s agency model, and the standard for review is whether the behavior at issue
appears to be one that would always or almost always restrict competition and decrease output,
or is designed to increase efficiency and promote competition.24
The agency model as a standalone business idea is pro-competitive enough to warrant
rule of reason, rather than per se, review. Recall the market immediately after the publishers
signed the Apple Agency Agreements. Consumers were being offered eBooks at different prices
for an increased number of platforms. Consumers could opt for certain quality benefits in
reading eBooks that were optimized for Apple products and sold through iTunes. Consumers
would finally be able to read eBooks in color, something that Amazon only begrudgingly adopted
after Apple made it mainstream. So, at the moment the agreements were signed, consumers had
more choice, and Apple had become a viable competitor to Amazon, both powerful pro-
competitive benefits. And any anticompetitive effects were lessened because of Apple’s lack of
market share.
Rule of reason analysis factors the impact the alleged perpetrator’s actions have on the
market by virtue of its market share. Apple had zero share of the eBook retailing industry when
the conspiracy was alleged to have taken place, and its chances of success were hazy at best. Apple
was debuting a brand-new platform, the likes of which the world had never seen, and was
challenging head-on an entrenched market dominant retailer, one whose name had become
synonymous with bookselling. The history of technology is paved with crushed expectations.
Even when the publishers signed on, there was no guarantee that Apple’s eBook endeavor would
be a success, or that consumers would abandon their Kindles and Amazon in favor of Apple’s
iPad. The anticompetitive harm was minimal.
21
Complaint, ¶¶53-54.
22
Complaint, ¶67.
23
Complaint, ¶73:
24
Broadcast Music v. CBS, 441 U.S. 1, 19-20 (1979).
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Last, if Apple were truly trying to eliminate the threat of competition from Amazon, why
continue to allow the Kindle app to be downloaded onto Apple products when Amazon didn’t
offer reciprocity?
VI. CONCLUSION
Much of the debate within the antitrust community has been whether there’s a greater
harm in allowing Amazon to remain a monopolist in eBooks, but it misses a point glossed over
within the complaint—there was a point where the two models could have coexisted. Even after
Apple introduced its agency model, Amazon insisted upon its $9.99 standard. It was only when
the other publishers allegedly conspired with Macmillan to boycott Amazon that Amazon was
forced to raise its prices.
The DOJ could have easily confined its case to the conspiratorial actions among
publishers. In going after Apple, it may have bitten off more than it can chew.