Ibooks iconSeventeen more states have joined the antitrust lawsuit against Apple and several book publishing houses over the pricing of ebooks. Perhaps more interesting are certain details released in the latest filing that were previously redacted, including one from Steve Jobs. Portions of this email have been seen before, but this is the first chance the public has had to see a major negotiation written by the former CEO.

As reported by PaidContent, Steve Jobs became directly involved in the pricing negotiations after Apple executive "Eddy Cue could not secure one of the Conspiring Publisher’s commitment directly from an executive." Jobs "wrote to an executive at the parent company, in part":

As I see it, [Conspiring Publisher] has the following choices:

1. Throw in with Apple and see if we can all make a go of this to create a real mainstream ebooks market at $12.99 and $14.99.

2. Keep going with Amazon at $9.99. You will make a bit more money in the short term, but in the medium term Amazon will tell you they will be paying you 70% of $9.99. They have shareholders too.

3. Hold back your books from Amazon. Without a way for customers to buy your ebooks, they will steal them. This will be the start of piracy and once started, there will be no stopping it. Trust me, I’ve seen this happen with my own eyes.

Maybe I’m missing something, but I don’t see any other alternatives. Do you?

The complaint goes on to claim that the publishers and Apple "worked together to force" Random House -- the one publishing company to turn down the agency pricing model favored by Apple -- to adopt it as well. The claim goes so far as to claim that publishing companies tried to convince Barnes & Noble to not feature Random House books in any of its advertising, something that B&N apparently did.

Regarding the case, Apple has publicly defended itself and also said it wants to defend itself in a jury trial, saying that allegations against the company were "simply not true."

Top Rated Comments

Penooker Avatar
159 months ago
I'm missing something here. Jobs gives an alternative to publishers to break the monopoly Amazon had on the market and now he's a criminal? Isn't that called competition?

Yes, you are missing lots. You misunderstand the situation in at least 3 ways:
1) Apple is in trouble for competing against Amazon.
2) Assuming that Amazon had a monopoly, that Amazon was bad because of it.
3) More competitors is good.


1)
The law is about preserving or allowing competition, not competitors. The end goal is about letting the regulated market generate benefit for consumers. Apple did become a new competitor, but DOJ asserts that Apple eliminated / prevented price competition. There are other companies trying to jump into the ebook market as well, but only Apple tried preventing competition on price. This is what they are in trouble for.

2)
The laws are not anti-monopoly. Monopolies are seen as a reward, in legal and economic fields, as a reward for doing well in the competition -- which Amazon did in this case. The reason why monopolies are the ones that run afoul of anti-trust laws, is because you need a big enough market power in order to succeed with unfair market practices. There's no fear, in a market with lots of small competitors, for one of them to unfairly limit competition or competitors.

Amazon, even if they had a monopoly, was winning the market fair and square. It kept driving down prices to a point that was still profitable for them but others couldn't keep up. Consumers kept benefiting from the low prices, and given Amazon's success, it meant that's what consumers wanted. And this, making the market generate value for the consumer, is the goal of competition law.

3)
Apple, on the other hand, killed off price competition in the market (if the DOJ is correct). They forced competition to be on a narrower set of product attributes. What Apple did was not to compete better, but to prevent competition in the product attribute they couldn't. Rather than let consumers choose between Kindle and a lower price vs iBooks and a higher price -- Apple made it so you had to choose between Kindle vs iBooks at the same higher price.

Given that Amazon was winning the ebooks market, and Apple's own memo, it means that consumers care about price more than other product qualities. Because of Apple, consumers can't benefit from price competition. 1 competitor, or 300 competitor, you will always get the same price. No matter how many competitors, there is no competition on the thing customers cared the most about -- price. So then what's the point of having these competitors?

Anyhow, this whole thing is called price fixing. A fundamental element behind it is that there are multiple "competitors" who don't compete on price. (If there weren't multiple "competitors" then you wouldn't need to "fix" the price.)



P.S. For those who actually understand this case, I know I made quite a few shortcuts. I apologize.
Score: 11 Votes (Like | Disagree)
rmwebs Avatar
159 months ago
I'm curious to see how this will all pan out.

The same way it always turns out. A big fat payoff for lawyers and next to no change for the consumer ;)
Score: 6 Votes (Like | Disagree)
cmwade77 Avatar
159 months ago
I'm missing something here. Jobs gives an alternative to publishers to break the monopoly Amazon had on the market and now he's a criminal? Isn't that called competition?
If it allowed them to continue to sell on Amazon for $9.99, while selling on Apple for $12.99, then yes, that would be competition; however, Apple said that a publisher cannot sell their books cheaper anywhere else if they want to sell on iBooks. This is the part that is price fixing and is illegal.
Score: 4 Votes (Like | Disagree)
IJ Reilly Avatar
159 months ago
I see nothing wrong with Steve Jobs' email. He simply pointed out the reality of the current marketplace and confronted the fact that Amazon was controlling their pricing. This is competition. Specifically, what Steve Jobs was doing was bringing out competition in an emerging market before piracy simply destroyed it.

He was right.

No where in that email does he say "Do this or else," or "do this or we will hurt you." Nor does he say, "Do this at the exclusion of our competitors."

A bit of context might help, like reading the linked article instead of just the excerpt on MR. The allegation is that Apple and several of the publishers ganged up on Random House to force them to go along, an allegation that seems to be supported by the chat between Apple and the publishers. This is serious stuff, and the fact that 31 state Attorneys General are already on board spells real trouble for Apple.
Score: 4 Votes (Like | Disagree)
j_maddison Avatar
159 months ago
I'm missing something here. Jobs gives an alternative to publishers to break the monopoly Amazon had on the market and now he's a criminal? Isn't that called competition?
Score: 4 Votes (Like | Disagree)
iansilv Avatar
159 months ago
I see nothing wrong with Steve Jobs' email. He simply pointed out the reality of the current marketplace and confronted the fact that Amazon was controlling their pricing. This is competition. Specifically, what Steve Jobs was doing was bringing out competition in an emerging market before piracy simply destroyed it.

He was right.

No where in that email does he say "Do this or else," or "do this or we will hurt you." Nor does he say, "Do this at the exclusion of our competitors."
Score: 3 Votes (Like | Disagree)

Popular Stories

iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Rumored to Use Same Rear Chassis as iPhone 16

Friday July 19, 2024 7:16 am PDT by
Apple will adopt the same rear chassis manufacturing process for the iPhone SE 4 that it is using for the upcoming standard iPhone 16, claims a new rumor coming out of China. According to the Weibo-based leaker "Fixed Focus Digital," the backplate manufacturing process for the iPhone SE 4 is "exactly the same" as the standard model in Apple's upcoming iPhone 16 lineup, which is expected to...
iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Just Two Months Away: Everything We Know

Monday July 15, 2024 4:44 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
bsod

Crowdstrike Says Global IT Outage Impacting Windows PCs, But Mac and Linux Hosts Not Affected

Friday July 19, 2024 3:12 am PDT by
A widespread system failure is currently affecting numerous Windows devices globally, causing critical boot failures across various industries, including banks, rail networks, airlines, retailers, broadcasters, healthcare, and many more sectors. The issue, manifesting as a Blue Screen of Death (BSOD), is preventing computers from starting up properly and forcing them into continuous recovery...
iphone 14 lineup

Cellebrite Unable to Unlock iPhones on iOS 17.4 or Later, Leak Reveals

Thursday July 18, 2024 4:18 am PDT by
Israel-based mobile forensics company Cellebrite is unable to unlock iPhones running iOS 17.4 or later, according to leaked documents verified by 404 Media. The documents provide a rare glimpse into the capabilities of the company's mobile forensics tools and highlight the ongoing security improvements in Apple's latest devices. The leaked "Cellebrite iOS Support Matrix" obtained by 404 Media...
Apple Watch Series 9

2024 Apple Watch Lineup: Key Changes We're Expecting

Tuesday July 16, 2024 7:59 am PDT by
Apple is seemingly planning a rework of the Apple Watch lineup for 2024, according to a range of reports from over the past year. Here's everything we know so far. Apple is expected to continue to offer three different Apple Watch models in five casing sizes, but the various display sizes will allegedly grow by up to 12% and the casings will get taller. Based on all of the latest rumors,...
tinypod apple watch

TinyPod Turns Your Apple Watch Into an iPod

Wednesday July 17, 2024 3:18 pm PDT by
If you have an old Apple Watch and you're not sure what to do with it, a new product called TinyPod might be the answer. Priced at $79, the TinyPod is a silicone case with a built-in scroll wheel that houses the Apple Watch chassis. When an Apple Watch is placed inside the TinyPod, the click wheel on the case is able to be used to scroll through the Apple Watch interface. The feature works...