While there are a lot of ‘I Love Apple’ and ‘I Dislike Apple’ based opinions, it’s quite easy to see, if we step back from our personal perspectives, that –
- The Agency Model would not have happened without Apple’s help.
- Apple, and in particular Steve Jobs, was quite happy to go around telling people how it has ‘ensured prices will be the same everywhere’. It takes a special type of hubris to say it on tape.
- The Agency Model led to a LOT of readers feeling the pain of either paying $13.99 or more for new releases, or having to wait 6 to 12 months for prices to reach below $9.99.
With that in mind, it is refreshing to see Apple found guilty of conspiring to fix ebook prices. Apparently, Apple’s ‘If we didn’t do illegal price collusion, then Amazon would have done it’ and ‘People at Amazon screamed and shouted, and were very un-gentleman-like’ defences didn’t work.
Paid Content points out that there’s a lot of HARD EVIDENCE the Judge used to make her ruling –
Cote also pointed to what she said was clear evidence that the conspiracy led ebook prices to go up: ”two weeks of moving to agency [pricing led to an] increase of 14.2% for their New Releases, 42.7% for their NYT Bestsellers, and 18.6% across all of the Publisher Defendants’ e-books.”
Apple will, quite predictably, appeal. However, I really don’t see how it can win an appeal given there is an inordinate amount of evidence that Apple’s actions did, in fact, lead to higher book prices for customers.
A Blow in the Perception Wars?
Apple perhaps doesn’t care about ‘damages’. It does care about the perception. For Apple it’s ALL about the Perception Wars. Like the most popular girl in high school, it doesn’t really matter if she’s suspended. She just wants to make sure she was suspended for doing something ‘cool and rebellious’ that ‘stuck it to the man’ and not something tacky that hurt fellow students.
The new ‘Special Divisions’ VP at Apple, the former head of YSL, now has to work just a little bit harder to make sure the poor little rich girl still wins the Prom Queen crown.
Karma is calling
Remember how Steve Jobs (he still seems to figure rather prominently, doesn’t he) promised to wage thermonuclear war on Android.
Perhaps he should have shown the other cheek.
It seems Samsung won against Apple on some patent (probably for holding a device vertically with one hand (actually, it’s wireless related)) and on June 4th ITC banned the Apple iPhone 4 and the Apple iPad 2. The ban goes into effect in 30 days, unless the President overrules it (doesn’t he use a Blackberry? There goes that option).
Apple has asked for a stay, claiming it would do massive irreparable harm to Apple and to its wireless provider partners. Well, they should have thought of that before selling phones that could be held with one hand.
After all the drama and all the patents on things like rubber banding (yes, you can get patents for how scrolling a list ends, for the visual effect no less) it is poetic justice that it is Apple that might be forced to stop selling iPhone 4 and iPad 2.