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Apple to appeal e-book decision, maintains company did 'nothing wrong'

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Apple will appeal a federal judge's decision that the iPad maker conspired with publishers to raise the prices of electronic books, with a spokesperson for the Cupertino company saying it has done nothing wrong in its dealings with publishers.

"Apple did not conspire to fix e-book pricing and we will continue to fight against these false accusations," Apple spokesman Tom Neumayr said shortly after U.S. District Judge Denise Cote handed down her decision on Wednesday, according to the Fort Worth Star-Telegram. "We've done nothing wrong."

Neumayr's contention is in keeping with Apple's position throughout the trial, in which Apple was accused encouraging publishing houses to set a base price for their e-books. At the time, the publishers were largely beholden to e-retail giant Amazon, which often sold books at a loss in order to support its Kindle business.

Apple, though, maintained throughout the trial that the Justice Department's allegations were false. The iPad maker held this position even as each of its publishing partners eventually reached out-of-court settlements with the government.

Over the course of the trial, Apple executives took to the stand to deny the Justice Department's claims. Senior vice president Eddy Cue testified that Apple "didn't care" what prices companies set for content sold through the iBookstore. Apple called the case "bizarre" and said that the government's evidence was "ambiguous at best."

Judge Cote, however, found that the government's case sufficient for a finding of liability.

"The question in this case has always been a narrow one: whether Apple participated in a price-fixing scheme in violation of this country's antitrust laws," Cote wrote. "Apple is liable here for facilitating and encouraging the Publisher Defendants' collective, illegal restraint of trade."

The grounds on which Apple will appeal are as yet unknown. The company may take issue with Cote's handling of the trial, as the jurist offered her tentative view of the DOJ's case before the trial began. Cote said that, based on the evidence she had seen, it appeared likely that the Justice Department would be able to prove its case against Apple.



72 Comments

sacto joe 14 Years · 895 comments

"Another company’s alleged violation of antitrust laws is not an excuse for engaging in your own violations of law." So if a person is in the process of murdering someone, you're supposed to just call the police and sit on your hands? Baloney.

captain j 14 Years · 311 comments

And in other vital news, the world is round.

jragosta 17 Years · 10472 comments

[quote name="Sacto Joe" url="/t/158426/apple-to-appeal-e-book-decision-maintains-company-did-nothing-wrong#post_2359928"]"Another company’s alleged violation of antitrust laws is not an excuse for engaging in your own violations of law." So if a person is in the process of murdering someone, you're supposed to just call the police and sit on your hands? Baloney.[/quote] Amazingly distorted abuse of logic - even for you. Oh, and btw, it was obvious that this would would be appealed if Apple lost - I called it many months ago. When the judge says that Apple is guilty before the trial even begins, there's an obvious bias. This verdict will be thrown out.

jungmark 13 Years · 6927 comments

Let me get this straight: a reseller with zero market share has so much influence to change publisher's minds?

anantksundaram 18 Years · 20391 comments

Win or lose, this was bad PR for Apple from the get-go. With the 'lose' verdict, regardless of how it's ruled on appeal, the popular perception of 'Apple was the ringmaster for price-fixing' will stick. Unfair or not (and I think the DoJ arguments were a joke), that bell can't be unrung.