Judge Proposes External Monitor in Apple eBooks Case
August 28, 2013 12:49 PM
comment(s) - last by
Apple said this would be "extremely costly and burdensome"
The judge overseeing Apple's eBooks trial may force the Cupertino-based company to hire an external monitor to prevent further antitrust issues -- and
Apple isn't happy
U.S. District Judge Denise Cote in Manhattan suggested that an external monitor be used to review Apple's internal antitrust compliance program and recommend any changes. She could also require annual antitrust training for employees in Apple's eBooks businesses.
Apple, however, doesn't see the need for an external monitor. It even said that having one would be "extremely costly and burdensome."
But Cote's external monitor suggestion seems a lot more lenient than previous ideas. Cote said a final injunction would not restrict Apple from agreements with suppliers of other types of content (like movies, music and TV shows), and that a provision that would allow other e-book retailers to post a link to their websites or e-bookstores via an e-books app without having to pay Apple was unnecessary.
Cote said she would wait for the parties to offer suggestions for "final language" for her injunction, but she is expected to deliver an injunction next week.
Last month, Apple -- which was the only company to go to trial regarding eBooks while the book publishers had already settled with the DOJ -- was found guilty of conspiring to raise eBook prices. U.S. District Judge Denise Cote handed down the ruling, saying that consumers and competitors were negatively affected by the arrangement Apple had with the book publishers.
The publishers include Hachette Livre (Lagardère Publishing France), Harper Collins (News Corp., U.S.A.), Simon & Schuster (CBS Corp., U.S.A.), Penguin (Pearson Group, United Kingdom) and Verlagsgruppe Georg von Holzbrinck (owner of inter alia Macmillan, Germany).
Earlier this month, the U.S. Department of Justice and 33 U.S. states and territories proposed that
Apple be banned
from entering anti-competitive eBook distribution contracts for five years; end its business models with the five publishers it conspired with; use an outside monitor to make sure that its antitrust policies are effective, and allow retailers like Amazon and Barnes & Noble to provide links to their options for two years.
However, the publishers
filed a motion
in U.S. district court in Manhattan regarding the proposals. The motion said that the proposals don't place any limitations on Apple's pricing behavior, but instead punishes publishers by preventing them from having agency agreements with Apple.
Just last week, the government decided to change its proposed injunction to cover just five years instead of 10 -- although they can obtain up to five one-year extensions if necessary.
Apple is expected to go to trial in
for eBooks damages.
This article is over a month old, voting and posting comments is disabled
8/28/2013 1:07:16 PM
Just stop already.
"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain
Apple Could Go to Trial in May 2014 for eBooks Damages
August 15, 2013, 9:43 AM
Publishers Don't Agree with DOJ's Consequences for Apple's Ebook Ruling
August 8, 2013, 11:25 AM
Apple Rejects DOJ's eBook Settlement Proposal, Calls it "Draconian"
August 5, 2013, 2:36 PM
Apple Handed Proposed Solutions for Ebooks Price-Fixing Ruling
August 2, 2013, 2:43 PM
D-Link Offers Lower Priced Wi-Fi Smart Plug to Remotely Power On/Off Your Devices
September 16, 2014, 2:22 PM
Microsoft Hopes Android, iOS Users Will Check Out Its Mobile Universal Keyboard
September 16, 2014, 1:51 PM
China Mobile Looks to iPhone, Galaxy Smartphone Subsidies, Will Push Cheap 4G Phones
September 16, 2014, 11:24 AM
Quick Note: NVIDIA Offers Up 32GB, LTE-equipped SHIELD Tablet for Pre-order
September 16, 2014, 10:22 AM
PayPal Takes Potshot at Apple Pay, Mentioning iCloud Breach in New Ad
September 16, 2014, 7:24 AM
Quick Note: New "Windows" Branding for Microsoft's Smartphones is Leaked
September 15, 2014, 2:00 PM
Most Popular Articles
Dell Announces "World's Thinnest" Tablet: The Venue 8 7000 Series
September 11, 2014, 8:51 AM
Apple Announces Its Smartwatch: The $349 Apple Watch
September 9, 2014, 2:09 PM
Quick Note: Buy an Xbox One Sept 7-13, Get a Free Game
September 4, 2014, 10:42 AM
Quick Note: Microsoft to Ditch Windows Phone, Nokia Branding
September 10, 2014, 2:14 PM
Apple Announces 4.7" iPhone 6, 5.5" iPhone 6 Plus
September 9, 2014, 1:45 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information