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More From Court: Penguin Federal Settlement Is Approved

by on May 20, 2013 in DOJ, Legal

On Friday, Judge Denise Cote granted entry of final judgment, approving the federal government's settlement with Penguin in their ebook pricing case. That increases the likelihood that Penguin will move to "agency lite" pricing of their ebooks sometime soon. But we don't know that for sure. It took about two…

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Apple Presses to Make Public Documents "Potentially Embarrassing to Amazon"

by on May 20, 2013 in DOJ, Legal

Legally Apple is being sued by the government, but procedurally the company continues to act as if the real battle is with Amazon. As we reported last Friday, Apple's proposed findings of fact filing indicates that Amazon sent a "White Paper" about agency ebook pricing to the Department of Justice…

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Amazon Sent DOJ "White Paper" On Agency Days After iBookstore Launched

by on May 17, 2013 in DOJ

The documents keep coming in the lead up to the June 3 trial in the ebook pricing case. The latest include Apple's "proposed findings of fact," which lays out through Apple's eyes the timetable of discussions and negotiations with publishers in December 2009 and January 2010 that led to the creation…

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Preparing for Trial: New Documents and Details from the DOJ

by on May 15, 2013 in DOJ, Legal

The Department of Justice has organized and called attention to a raft of recently filed documents in connection with the pending June 3 trial in the ebook price fixing case, and the official court docket has still more documents -- hundreds of pages worth -- from Apple, Penguin, the States…

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Macmillan Finalizes State & Consumer Settlement, Will Pay $26 Million

by on April 29, 2013 in DOJ, Legal

State and consumer class action attorneys filed notice last week that they have finalized their settlement with Macmillan, first announced in January. The publisher will not only pay out $20 million to settle the suits, as planned, but will also pay $3 million to cover litigation and "investigation" costs; $2.475…

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DOJ Moves for Final Judgment in Penguin Settlement

by on April 22, 2013 in DOJ, Legal

In keeping with the schedule proposed at the beginning of the year, the DOJ filed a motion on April 18 moving for a final judgment on their settlement with Penguin from December. They asked Judge Cote to rule "without further hearing if the Court determines that entry is in the…

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Penguin Settles with EC On eBook Pricing

by on April 19, 2013 in DOJ, International News, Legal

The last holdout, Penguin has now agreed to settle with the European Commission by making "commitments" on changes in ebook pricing and contracts. The proposed terms are "substantially the same" as those already agreed to by the other four agency publishers as well as Apple. (They will terminate existing agency…

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Penguin Settlement Draws 3 Comments

by on April 8, 2013 in DOJ, Legal

The Department of Justice filed its required report to the court on Tunney Act comments on the proposed ebook pricing settlement with Penguin--which generated a total of 3 comments. Not unexpectedly, they disagree with Bob Kohn's latest objections: "Mr. Kohn is not correct that firms may, as a matter of…

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Kohn Tries A New Argument, Asking Court to Allow Full Agency

by on March 25, 2013 in DOJ, Legal

Royalty Share ceo and attorney Bob Kohn is taking a new approach to asking the court to mitigate the effects of the ebook pricing settlements with the Department of Justice. He recently submitted Tunney Act comments on the new settlement pending with Penguin. This time, rather than asking the court…

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Legal: Yes, Of Course Apple's CEO Will Testify...and More Suits Updated

by on March 14, 2013 in DOJ, Legal

Judge Cote ruled in a Wednesday morning teleconference hearing that Apple ceo Tim Cook must testify as part of the DOJ's lawsuit against Apple in June. Reuters reported that Judge Cote cited the death of Steve Jobs as a key reason in ordering Cook's deposition, which will last for a…

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