Closing Arguments: DOJ Spells It Out

shutterstock_73386106Judge Denise Cote heard the closing arguments from both the defendant Apple and the plaintiff the U.S. government in what has been a riveting three weeks of testimony in regards to alleged ebook price-fixing by Apple and five of the largest U.S. publishers.
Perhaps in response to a perceived shift in Judge Cote’s feelings on the case – from favoring the government’s arguments to favoring Apple’s – the DOJ spelled out the laws at issue in the case and then sought to show how it proved its case in a 119 page slide deck.
The government pulled out three phrases it found to be key in a previous ruling that helped define the law: conscious commitment; common scheme; and unlawful objective. In the rest of the deck, sections with these headings painstakingly laid out the government’s case.
Read more, including what remedy (read: punishment) the DOJ proposed the Judge apply to Apple should she rule in the government’s favor, and the full slide deck.

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The rest of the day’s top news:

DOJ/Apple: Apple Warns Against Guilty Verdict (paidContent)
A ruling against Apple would have a negative effect on the U.S. content market, Apple said in its closing argument.
DOJ/Apple: Google, Amazon Have a Stake, Too (paidContent)
Aside from determining how content can be sold over the next several years, the ebook price-fixing case has an effect on Amazon and Google: Both companies have moved to have certain pieces of evidence kept secret – these were bits of information provided by them for the case that they say would damage their businesses were they to be made public.
Report: Children’s Digital Reading Rising, New Low Price for Kobo Mini (DBW)
According to a new report synthesizing many sources, including Kobo data, children’s digital reading is on the rise. In response, Kobo has slashed prices for its Kobo Mini and Kobo Touch devices, to $39 and $69, respectively, effectively undercutting the competition. Kobo has stated publicly that it was investing heavily in e-readers while others invested in tablets; that strategy has seemed to pay off with its latest results.
Nook’s Summer Blitz (DBW)
Nook has a game plan for summer: Offer massive discounts and more discovery tools. Every Nook announcement about a discount or marketing gimmick seems like another suggestion that the business isn’t performing the way it had been expected to. Related: B&N Extends Nook Father’s Day Sale, Continuing Discounting Pattern.
Books, Newspapers < TV, Movies (Businessweek)
The new News Corp entity, consisting of Dow Jones, HarperCollins and other print content properties has been valued at approximately $9.1 billion. Sounds like a lot, until you compare it with the valuation of its other half, the new 20th Century Fox, which has been valued at around $65 billion.
Online Bookselling Changed Everything (DBW)
Books have been sold online for a long time but only recently did online and ebook sales overtake physical retail as the No. 1 way folks in the U.S. buy their books. That shift means a lot, especially when it comes to metadata management.
New Connecticut Law Proposes Study on Ebooks and Libraries (
A new Connecticut law signed yesterday will study the ebook and library situation in the state, specifically focusing on access in pricing. The report says that the law was fought by publishers but state library officials applaud it as a good first step in getting its libraries relatively inexpensive and open access to ebooks.
UK Library Ebook Advocacy (The Bookseller)
A new group called Shelf Free wants to help libraries get more, better access to ebooks.
Cengage Appoints Ex-Pearson Exec as CMO (DBW)
Former Pearson executive Sandi Kirshner will be the new chief marketing officer of educational publisher Cengage.
Amazon: World Builders (DBW)
Amazon has added more properties to license for its Kindle Worlds platform, including from authors Hugh Howey, Barry Eisler and Blake Crouch.
Facebook’s Instagram Launches Competitor to Twitter’s Vine (C|Net)
For those of you following social media news: What a mouthful!


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