"Apple told The Reg in an emailed statement..."
Who are you people!? This can't be El Reg!
Apple has lost its appeal of a federal court decision that found it broke antitrust law by colluding with publishers to fix the prices of ebooks. The US Second Circuit Court of Appeals upheld a 2013 ruling by the US District Court of the Southern District of New York that found Apple had sought to artificially inflate ebook …
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This post has been deleted by its author
The dissent.
The dissenting judge's reasoning was that Apple shouldn't be held liable for price fixing and collusion with publishers because it had the intent of breaking into a market that was controlled by a single player.
From the Associated Press article:
Judge Dennis Jacobs defended as 'eminently reasonable' the actions Apple took as it fought to raise the price of e-books when Seattle-based Amazon controlled 90 percent of the market while selling the most popular books online for $9.99. Afterward, its share of the market dropped to about 60 percent.[...]
'Apple took steps to compete with a monopolist and open the market to more entrants, generating only minor competitive restraints in the process,' Jacobs wrote.
In short, two wrongs, or at least one monopoly followed by illegal business tactics to horn in on said monopolist's territory, make a right. Astounding. Colorfully, the majority opinion does address this peculiar line of reasoning:
In the majority opinion, though, [Judge Debra Ann] Livingston said it was 'startling' that Jacobs would agree Apple intentionally organized a conspiracy among publishers to raise e-book prices and then say the company was entitled to do so because the conspiracy helped it become an e-book retailerJoining the majority, Judge Raymond J. Lohier Jr. agreed with much of what Livingston wrote, though he noted that the publishers may be more culpable than Apple after using the company as 'powerful leverage against Amazon and to keep each other in collusive check.'
[...]
'But more corporate bullying is not an appropriate antidote to corporate bullying,' he wrote.
I feel like Judge Jacobs would be better served working as a politician, where the ends do justify the means.
however, it could do them a better turn just to 'fess up - throwing a hissy fit over succeeding judicial rulings just seems a bit bratty to me. Guys, you were found to have your 'hand in the till' as it were - take the smack, say you're sorry like you mean it & don't do it again!
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This post has been deleted by its author
I Upvoted this the first time, because it is an interesting bit, and you presented it well. I ignored the second posting because, well, I've done that (usually back-to-back, though). I had to downvote (and comment) on the third one, because it seems like intentional repetition. It seems like intentional repetition. It seems like intentional repetition.
And that is really annoying.
I'm not sure. I went to edit one of my posts and ended up with a duplicate. I then deleted the 'new' post and had the 'post deleted by author' under my original post. Possibly a bug when using a particular OS/browser combo? May be user error? I'll edit this post to see what happens.
Added this line, clicked Submit (8 mins)
2nd edit. Oh well, I'm talking BS as usual.... or the machines are out to make me make a fool of myself
Nope, it wasn't intentional. When I published the first time, a weird error on my side happened. I waited a few minutes, didn't see anything posted, so I went into a different browser and reposted. When another 5 or so minutes passed and nothing appeared even in the My Posts section, I shut down both browsers and re-logged in, tried one more time in the first browser, then I saw something in My Posts... which was the first attempt.
I monitored things for another 10 minutes to see if there would be duplicates in My Posts so I could delete them... but nothing showed up so I figured it was just a very weird situation and I went to bed. Guess I should have waited a bit longer. Sorry about all that.
"I waited a few minutes, didn't see anything posted,"
I noticed similar problems last night. Posts were appearing in "My Posts" but not in the comments section of the story. I usually like to proof-read (again) after I posted but last night none of the posts were appearing on the comments page before the 10 minutes were up.
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