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
time to break them up
8/29/2013 10:41:03 AM
I don't care how much Obama loves Apple, DoJ should break them up in pieces.
"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home
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
Smart Security Cameras: 5 Good Choices For Any Budget
July 25, 2016, 7:13 PM
Top 5 Smart Watches
July 21, 2016, 11:48 PM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Most Popular Articles
Say Goodbye to Data Plans - Sprint and T-Mobile offer Unlimited Data
August 22, 2016, 6:12 AM
Uber - Everyone's Autonomous Car Driver?
August 20, 2016, 6:01 AM
Lenovo vs. Asus vs. HP - Best Laptop Under $500.00
August 19, 2016, 4:00 AM
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
Get Ready to wait in line – iPhone 7 due September.
August 18, 2016, 7:15 AM
Latest Blog Posts
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information