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EverQuest Next releases new lore ebook, Prison of Fire
EverQuest Next has taken a novel approach to providing fans with lore by publishing a series of ebook novellas, each focusing on a different facet of the EQN incarnation of the world of Norrath. The latest installment in this series, titled Prison of Fire, released today, and it centers on Neria Naldiir, captain of an organization known as the Ebon Dagger. As the name might not-so-subtly imply, the Ebon Dagger is the sort of organization that "handles delicate matters requiring the utmost discretion within the Takish Empire." In the novella, Dalen Naldiir -- the Empire's Minister of Security and Neria's father -- receives news that trouble may be brewing at Tagnik Vukar prison in Lavastorm, where the Empire's most dastardly criminals have been incarcerated. Sensing that something may be amiss, Dalen sends Neria and her companions to investigate, and we all know it can only go downhill from there. To read Prison of Fire -- or any of the other EQN novellas -- just click on through the link below to the game's official site.
Apple looks to have anti-trust monitor replaced for 'inappropriate declaration'
Anti-trust cases are ugly affairs, but Apple's ongoing struggles with Michael Bromwich -- its court-appointed anti-trust monitor in the ongoing e-books controversy -- has lead the company to ask he be replaced. As we reported last month, the issues stem from what Apple sees as Bromwich's excessive billing and overstepping of the boundaries of his mandate. In response to the complaint filed by Apple last month, Bromwich filed his own declaration, defending his work against the company's charges. According to Reuters on Tuesday Apple Inc's lawyer asked US District Judge Denise Cote of Manhattan to replace Bromwich as their external compliance monitor, citing what they see as a personal bias against Apple. Their lawyer cites the same issues that popped up in December, including the monitor's US$1,100-an-hour pay rate and aggressive requests to interview executives who had nothing to do with the anti-trust case. Apple was forced by the court to work with an anti-trust monitor following the July 2013 ruling that the company was guilty of price-fixing in the e-books marketplace.
YotaPhone update lets you read more e-books and documents on its energy-saving E Ink display
Much as we admired the potential of the YotaPhone in our recent review, we just couldn't overlook its lack of support for popular e-reading platforms like Amazon Kindle and Google Books. That problem hasn't been solved just yet, but things are starting to move in the right direction: the dual-display handset has now been made to work with an alternative (and relatively popular) e-reading app called FBReader. This app will let you display and swipe through Word and .rtf documents on the E Ink panel, as well as unencrypted .epub and .mobi e-book formats of the sort that are traded in smaller e-book stores and some shadier, copyright-dodging parts of the web. PDF files should also be supported by the next version of FBReader, which is currently in beta. Meanwhile, Yota Devices tells us that it's "discussing potential collaboration" with Amazon in order to bring about Kindle support, which, if it happens, would be nothing short of a breakthrough.
Warcraft Kindle ebooks $1.99 today only
Today only, over at Amazon, nine World of Warcraft books are available on Kindle for just $1.99 each. It's part of the Kindle daily deal, so if you're undecided, don't delay too much. It's worth noting that you will need a US-based Kindle account to obtain the books, or indeed for the link to the deal to even work. The books available are Vol'jin: Shadows of the Horde, Rise of the Horde , War of the Ancients: The Well of Eternity, Lord of the Clans, Day of the Dragon, Thrall: Twilight of the Aspects, War of the Ancients: The Sundering, Wolfheart, and Night of the Dragon. You can learn more and look inside each book by checking out the deal page. Don't have a Kindle? Don't worry, Kindle apps are also available for Android, iOS, Windows Phone and for PC and Mac computers. The app works almost as well as the Kindle itself, and has the advantage that you don't have to buy a device, and it's completely free. I would suggest that, before you go investing in the books, you just test the Kindle app with one of the many free books available for download. It's never been a problem for me, but better safe than sorry. It's a great way to get your hands on some very reasonably priced Warcraft lore, but don't wait too long, it's only for today, December 17th. [Thanks to the various readers for the tips]
Vellum: Taking the pain out of e-book publishing
As someone who has gone through the fun of self-publishing e-books for use on everything from the Amazon Kindle to Apple's iBooks, I know what a pain in the neck it can be to get everything formatted and set up properly for publishing. Even Apple's iBooks Author has limitations once you've actually created your book, since you need to have a developer account and know how to use iTunes Connect to get everything uploaded. Vellum (free) is a new Mac app released today from 180g that turns book publishing into a pleasure instead of a chore. The company was founded by a pair of Brads -- Brad Andalman and Brad West -- last year. Before they made the leap to app development and electronic publishing, they worked at Pixar Animation Studios, both on the feature films and the animation software used to create those blockbuster movies. The idea with Vellum is to let people download the app for free, import their manuscript, play with styling and then view a preview that shows how their book will look when loaded onto certain e-readers. Once authors are happy with the e-book's appearance, they can send the preview to "beta readers" for feedback and last-chance editing. When the e-book is ready to go, the authors make an in-app purchase -- US$49.99 for one book, $99.99 for three books or $149.99 for five books -- to generate a file that's ready to be uploaded to the appropriate e-book store. That makes life a lot easier for author/publishers. Both Amazon and Apple have eliminated the requirement and expense to purchase an ISBN (International Standard Book Number) for each title, at least for domestic publishing. You'll still need to get an account for the publishing portals -- iTunes Connect for iBooks and Amazon Author Central for Kindle books -- and know how to submit the e-books. Let's take a quick look at Vellum and how it works. To begin with, authors can write their manuscripts and save them in a Microsoft .docx format. Vellum opens the document, analyzes it to find where it thinks chapters are and then converts it to Vellum's native format. You can edit the documents in Vellum, so typos that have made it past previous editing can be corrected without the need to re-import the document. If you're starting from scratch, it's possible to create an entire book in Vellum without resorting to using another product. Before you go further, you might want to add front- and end-matter to the book, which is a cinch -- you just add an element, whether that's a copyright, dedication, foreword or any other standard publishing item. Once the contents are set, you get to select the style of the book. At this time, Vellum includes eight "themes" plus a number of choices for heading, first paragraph, block quotation, ornamental break and paragraph after break. They're all very nice and professional-looking styles, and it's possible to preview what the book is going to look like at any time just by clicking the preview button. If you don't like what you see in the preview (for iPhone, iPad, Kindle Paperwhite and Nook Simple Touch), it's easy to change what you're doing. There's a tool for adding a cover image by dragging and dropping it onto a specific spot, and your entire book can be previewed for white, black or sepia pages if the e-reader supports those. You can also see how the layout will appear if the reader changes the font or font size. When you're ready to test the book in e-reader software or on a specific device, you click the Generate button. Kindle publishing requires the free download of the "kindlegen" plugin, which Vellum thoughtfully provides an in-app link to. I generated the sample book for both Amazon (.mobi) and iBooks (.epub) formats, and was able to open both of the formatted files immediately in the native Mac apps. All in all, I found Vellum to be an amazingly robust app for a 1.0 version, and I look forward to giving it a workout in real life. If you're interested in trying it out, I recommend downloading the free app and giving it a try.
Judge Denise Cote responds to Apple's concerns over court-appointed monitor
As you may have already read, Apple is none too thrilled with Michael Bromwich, the court-appointed monitor Judge Denise Cote chose to keep an eye on Apple's antitrust compliance measures. This past Monday, Cote issued an order addressing Apple's many complaints. In short, the order relays that if Apple has problems with either Bromwich or Cote herself, Apple knows what protocols it has to follow. One thing worth noting is that Cote denies that there has been any ex parte communication between her and Bromwich, while also indicating that there won't be any such meetings in the future. The order reads in part: Through its November 27 submission, Apple offers other objections as well. It objects to the Monitor's performance of his duties to date and to his fees. On September 5, the Court set forth specific procedures designed to resolve any concerns about the monitoring. The procedures are as follows: within ten calendar days of any action giving rise to an objection, Apple was directed to write to the Department of Justice and Plaintiff States setting forth its objections. And so, the legal song-and-dance continues. While Apple could have avoided the entire headache this saga has created by simply settling with the Justice Department, Tim Cook said during this year's AllThingsD conference that Apple, as a matter of principle, would rather take the antitrust battle to court than admit to doing something it didn't do. [via Roger Parloff]
Apple and its court-appointed e-books monitor
While we previously covered Apple's dissatisfaction with its new court-appointed monitor, a more thorough reading of Apple's complaint reveals deep-seated concerns the company has with Michael Bromwich, and perhaps, with Judge Denise Cote herself. Broadly speaking, Apple takes issue with the fact that Bromwich is charging more than US$1,000 for an hour of his time and is seemingly seeking to broaden the scope of what his duties entail. What's more, Apple's complaint expresses concern that Bromwich may be holding ex parte discussions with Cote. Fortune summarizes Apple's objection thusly: The immediate triggering event for Apple's tirade was an order by Judge Cote issued on November 21, proposing that Bromwich be permitted to hold regular ex parte meetings with herself -- that is, meetings where only she and he would be present and where no transcript would be made to preserve a record of what was said. At those meetings, Apple said it feared, Bromwich could potentially share with her everything he had learned from his meetings with Apple officials and his perusals of potentially confidential and privileged Apple documents. Apple labels this an "exceedingly problematic and disturbing" issue, arguing that Cote cannot in good faith "simultaneously receive ex parte reports from the monitor and preside over the pending damages trial and putative class action." That Apple is not pleased with Cote is no secret: "No litigant," it concludes, "could possibly take comfort in the objectiveness of a court's judgment in ruling on fiercely contested motions and proceedings when the court is regularly meeting privately with a judicially appointed investigator charged with looking to uncover evidence of possible wrongdoing by that litigant. And to the extent the Court actually intended to unleash Mr. Bromwich as its agent in this manner, such order transforms the Court from an impartial arbiter of "Cases" and "Controversies" into Apple's litigation adversary. Apple's complaint also alleges that Bromwich was dead set on beginning his monitoring duties well before Apple finished putting its new compliance and training programs in place. Note that per Cote's order, Apple has until January 14 to begin implementing internal compliance measures and protocols. But Bromwich's zealous effort to get the ball rolling immediately, the complaint reads, placed an undue burden upon Apple. The complaint reads in part: ... to begin interviewing Apple's entire board and its executive team, as well as additional senior executives on November 18 is premature, not authorized by the Final Judgment, and would not only be disruptive to Apple's business operations but also directly contrary to Judge Cote's intent. In addition to requests for interviews with Apple executives such as Tim Cook and Phil Schiller, Bromwich also put in requests to interview Apple board members, including Al Gore. In a specific example cited by Apple, Bromwich suggested that he stop by the courthouse where Apple and Samsung where having their re-trial on damages so that he could meet with Apple General Counsel Bruce Sewell. Apple also notes that Bromwich wanted to meet with Apple's new antitrust compliance officer on what was "literally" her first day on the job. On top of that, Bromwich informed Apple that when a requested interviewee could not be made available, the company should provide him with "detailed copies of their schedules for that entire week" in order to corroborate that they are, in fact, busy. Apple's complaint further reads: Mr. Bromwich's incessant "demands for immediate attention" compelled Apple to once again explain how "incredibly disruptive" Mr. Bromwich's requests had become. Apple reminded Mr. Bromwich that the "reason for th[e] three-month window is of course to provide Apple and its counsel with time to develop new, comprehensive antitrust training and compliance materials in accordance with the Final Judgment, without hampering Apple's business." And Apple tried to persuade Mr. Bromwich that his "continual requests for additional interviews and other information before January 14, 2014[] affirmatively hamper Apple's efforts to develop a new antitrust training and compliance program as efficiently and effectively as possible within the deadline set by Judge Cote." So why is Bromwich so eager to get the ball rolling? Well, Apple says it's on account of him having an ex-parte meetings with Cote: Mr. Bromwich, however, has determined that his duties must commence immediately. And his basis for rejecting Apple's reading of the record is what he termed his "distinct advantage of having discussed [his] intentions to get off to a fast start directly with [the Court] during the interviewing process." As for the very fact that Apple has a court-appointed monitor to begin with, Fortune notes that the penalty from the outset seemed rash. Apple had strenuously opposed the appointment of a monitor, contending that it was an unusual and unnecessary step. In the first place, the conduct the government was complaining about ended years ago. Each of the five publishers -- who settled long ago -- committed back then to stop using the sorts of agency contracts to which the government objected, all without the appointment of any compliance monitors. Compliance monitors are usually required in cases where a defendant has acted egregiously over a long period of time, manifesting longstanding contempt and resistance to the law... This may get really interesting really soon, folks.
Amazon offers physical bookstores a cut of Kindle e-book sales, and just enough rope
Just as Kobo has cozied up to physical booksellers, so too does Amazon have a plan to smother them in e-ink kisses. Under the company's new "Amazon Source" program, any independent bookstore that sells a Kindle tablet or e-reader will be rewarded with ten percent of future book purchases made on that device. This incentive will be in addition to the margin they'll make on re-selling the hardware in the first place, although this margin will be less than that given to retailers who choose to stay out of the Source program. In terms of hard cash, the combined total might actually be worth something to struggling stores, depending on how many units they're able to sell, and it's surely designed to entice them away from Kobo. That said, we're still inclined to wonder whether this is a supremely clever Trojan Horse. A bookseller will only get a cut on digital e-book sales made within two years of the device being purchased -- just enough time for a Kindle customer to get hooked on speedy electronic transactions, and for the store to be turned into a Taco Bell.
Judge appoints external monitor to ensure Apple complies with antitrust laws
This past July, US District Judge Denise Cote found Apple guilty of colluding with book publishers in an effort to raise the price of e-books across the industry. Following that, the Department of Justice proposed a wide array of remedies to ensure that Apple wouldn't run afoul of antitrust laws in the future. One of the proposed remedies called for the court to appoint an external monitor tasked with keeping an eye on Apple as to ensure that they comply with antitrust laws going forward. On Wednesday, Judge Cote appointed former Assistant US Attorney Michael Bromwich as that external monitor. CNET reports: Bromwich was one of two names picked by the Justice Department as well as plaintiff states as part of last month's injunction ruling. As monitor, he'll work from inside Apple to maintain the company's compliance with US antitrust laws. Bromwich filled a similar, independent monitor role within the Metropolitan Police Department of the District of Columbia a little more than a decade ago, and more recently served as part of US oversight on the oil industry. Apple previously argued that an external monitor was wholly unnecessary, but ultimately failed to persuade Cote. Bromwich will keep an eye on Apple's antitrust compliance for two years. Note that the two-year period is less than the five-year period initially proposed by the DOJ. Lastly, Apple earlier this month filed a motion indicating that it plans to appeal Cote's ruling. Formal arguments on the matter, however, won't be submitted until early 2014.
Oyster's subscription e-book service for iPad open to all
Oyster has a fascinating proposition for avid readers -- unlimited e-books for one low subscription rate of US$9.95. In the past, you had to request an invitation to be added to the service, and the only device you could read your e-books on was an iPhone. Today, the company is announcing that it has not only launched a universal (iPad and iPhone) app to make devouring those e-books a bit easier, but also that the app and service are now open to anyone. The app is free to download, and the company offers access to "more than 100,000 titles" -- that's enough to keep anyone busy during a handful of beach days on vacation. Many of the titles provided by Oyster come from HarperCollins, Houghton Mifflin Harcourt and a variety of smaller publishers. Oyster also provides a social component that shows what your friends are reading on the service at any point in time.
Apple appeals e-book pricing case
This past summer, Judge Denise Cote ruled that Apple had colluded with a range of publishing companies in an effort to raise the price of e-books. Now comes word that Apple has filed a motion appealing the ruling. The appeal was filed on Thursday, but formal arguments on the matter may be submitted as late as early 2014. Gigaom reports: It's fair to assume, however, that Apple will bring up many of the same issues it raised in an August letter to Judge Cote, in which it outlined the arguments it planned to raise on appeal. For instance, it argued that the court excluded or disregarded crucial evidence from various witnesses, "disregarded serious credibility issues with the Google and Amazon witnesses" and excluded information about Amazon's "internal business deliberations" from discovery. Notably, Apple could have settled the case with the DOJ and avoided a trial altogether. Apple, however, chose to go to trial, re-affirming time and time again that they did nothing wrong and refusing to settle on principle. That Apple is appealing the ruling isn't surprising. In the wake of Cote's ruling, Apple spokesman Tom Neumayr issued the following statement: Apple did not conspire to fix e-book pricing and we will continue to fight against these false accusations. When we introduced the iBookstore in 2010, we gave customers more choice, injecting much-needed innovation and competition into the market, breaking Amazon's monopolistic grip on the publishing industry. We've done nothing wrong and we will appeal the judge's decision. Regarding the credibility of a Google executive who testified during the trial, you can read more about that here via The Verge.
70 iOS 7 and Legacy Tips, Tricks and Secrets
TUAW has been providing you with some hints and tricks about iOS 7, but there are a lot more cool tips that we haven't even touched upon. It's About Time Products, which has been in the business of making Macs and iOS devices understandable for quite a few years, has just come out with a wonderful iBook titled "70 iOS 7 and Legacy Tips, Tricks and Secrets" (US$1.99, on sale for a limited time for $0.99). The book has been created to follow the design sensibilities of iOS 7, and it uses the same typeface (Helvetica Neue Ultra Light) that graces the new mobile operating system. It's designed to be used in portrait mode on your favorite iOS device, and features on-page video clips that perfectly illustrate the "tip, trick or secret" described. There are fifteen chapters of tips in the book, covering things you probably didn't know from "Control Center, Multitasking & AirDrop" through "Keyboard & Gesture" and all the way to "Weather, Compass, Reminders, Maps, Stocks, Videos, Calculator". The videos are silent, short and sweet, and the entire book is an eye-opening fast read. As with developer Saied G's previous iBooks and products, 70 iOS 7 and Legacy Tips, Tricks and Secrets is chock-full of things that every iPhone, iPad, and iPod touch owner should know. I was surprised with some of the tips, and I've been using iOS 7 since late June! There are some products that are a no-brainer to purchase, and this book is one of them. I highly recommend this for everyone who has updated their device(s) to iOS 7. Get it while it's on sale for $0.99 and you'll be glad you did. [Want to help your friends and family grok the iOS 7 story? Send them a link to our Don't Panic Guide to iOS 7. --Ed.]
Judge prevents Apple from setting prices with e-book partners (Update: Apple to appeal)
Well Apple's ongoing saga with the DOJ has finally come to an end*. Judge Denise Cote today laid out her punishment for Apple after finding that the company had indeed colluded with a number of publishing companies to collectively raise the price of e-books. Specifically, Cote issued an injunction which effectively precludes Apple from including a "most favored nation clause" in any contract it strikes with publishers for a period of five years. Previously, that "most favored nation clause" in Apple's contracts ensured that no other book retailer would be able to price e-books below Apple. While Apple can't be happy about that, it is undoubtedly breathing a sigh of relief after Cote chose not to follow the DOJ's recommendation that Apple be forced to change the manner in which it operates in-app purchases. The DOJ previously proposed that competitors like Amazon be allowed to include links within their own iOS apps that would whisk users away from the App Store in order to make purchases, thereby avoiding having to pay Apple a 30 percent cut. Indeed, Cote previously noted that she wants Apple's "injunction to rest as lightly as possible on how Apple runs its business." Returning back to Apple's punishment, Cote also ruled that Apple would have to stagger future contract negotiations with the publishers involved. Further, Apple will be subject to a court-appointed external monitor who will keep an eye on Apple's activities to ensure that they don't run afoul of antitrust laws going forward. Apple will also be subject to an annual antitrust compliance audit. *Update: Apple will appeal. Engadget also adds: The final injunction prevents Apple from setting prices with any of its partners for terms of between two and four years, with the exact term depending on which publisher it's working with and how long they originally took to settle with the DoJ -- which means Apple's relationship with Macmillan faces the harshest restriction. The full ruling from Judge Cote can be read in its entirety below: US v. Apple Injunction
Penguin, Macmillan notify customers of e-book settlement
Penguin and Macmillan sent out emails to eligible customers today, notifying them that they're eligible to either receive iTunes credit or a check as part of the settlement of the US Department of Justice antitrust suit against these companies. Apple, despite a guilty verdict, remains the lone holdout in the price-fixing case. The notification points out that this is just for Penguin and Macmillan, and the settlements are pending by the court. Previously approved settlements include HarperCollins, Simon & Schuster and the Hachette Book Group. Notifications were sent out about these earlier settlements in November 2012. As of now, the settlement includes an estimated credit of $3.06 per e-book for New York Times bestsellers and $0.73 per e-book for non-bestsellers. Minnesota residents are included in the Penguin and Macmillan portions of the settlement, but will receive more e-book credit from a separate agreement with the other three publishing companies. If the settlements are approved at a December 6 hearing, the credit will be issued to customers. Barring any appeals, that should be putting money back in your pocket some time in 2014.
Kindle e-bookstore and self-publishing platform now available in Mexico
Both readers and writers in Mexico have a reason to rejoice today, as Amazon has just launched the Kindle Store and Kindle Direct Publishing in their country. The e-bookstore will feature over 70,000 Spanish-language titles, as well as e-books in indigenous tongues like Nahuatl. To help fill up those new e-readers, Amazon will also be offering upwards of 1,500 free books among the store's 2 million titles. The availability of KDP is especially significant, as it offers both unknown authors and big name writers like Paulo Coelho (who's using it to release his books El Alquimista and Once Minutos) an alternative path to publishing. Additionally, Gandhi, one of the largest bookstore chains in Mexico, will now sell the basic Kindle and Kindle Paperwhite in its brick and mortar shops for MXN$1,399 (USD$105) and MXN$2,399 (USD$180) respectively. For more info, check out the source links below or the press releases after the break.
Court: Apple needs monitoring after 'blatant' e-book price fixing
Following Judge Denise Cote's ruling that Apple conspired with book publishers to increase the price of e-books across the board, the DOJ put forth a proposal intent on rectifying the damage caused by Apple's actions. The proposal was extremely far-reaching, and called for Apple to allow competitors like Amazon to include links to their own e-book stores from within their iOS apps. The proposal also suggested a court-appointed monitor should be hired to keep an eye on Apple's activities and to ensure that the company doesn't run afoul of antitrust laws going forward. What's more, the proposal also called for Apple to hire an internal antitrust compliance officer to train and educate Apple executives about the ins and outs of antitrust laws. While Cote stated yesterday that Apple doesn't have to worry about a punishment that affects the way it conducts its business (translation: its in-app purchase rules are safe), the same can't be said for corporate oversight. Reuters reports: She said a monitor would be necessary, after Apple had failed to show it learned its lesson from its "blatant" violations of antitrust law. The monitor, she said, would likely be installed to review Apple's internal antitrust compliance program and procedures and recommend changes, and also required annual antitrust training for employees in Apple's e-books and content businesses. Apple had vigorously contested hiring of a monitor, saying in court papers it would be "extremely costly and burdensome." The Justice Department had earlier also sought to force Apple to hire an internal antitrust compliance officer, but has since backed off that demand. Apple, of course, plans to appeal the ruling.
DoJ claims Apple made in-app purchase rules to 'retaliate against Amazon'
The Department of Justice has filed a revised punishment proposal for Apple, claiming the iPhone maker instigated the in-app purchase rule to "retaliate against Amazon," according to GigaOm. As evidence in its new punishment proposal, the DoJ cites an email from Steve Jobs to Phil Schiller and Eddy Cue. The message references an Amazon Kindle commercial and contains a suggestion from Jobs that Apple force book, magazine and newspaper publishers to use the company's "far superior payment system." Shortly after Jobs' email, e-book retailers like Amazon were forced to remove links from their apps that let customers buy e-books from external sources. As a result of the new evidence, the DoJ is now suggesting that Apple should allow e-book retailers to offer hyperlinks to products outside of the app for a period of two years, with no costs attached.
DOJ offers to cut injunction time in Apple e-book case, stays firm on key points
The US Justice Department was insistent that its proposed injunction against Apple for alleged e-book price fixing was the proper remedy earlier this month, but it's now willing to budge on that somewhat. As Reuters reports, the DOJ has offered to cut the length of the injunction from ten to five years, and ease the restrictions on Apple striking new deals with book publishers -- it now suggests Apple hold staggered negotiations with publishers starting in two years. The DOJ continues to insist on the need for an external monitor to keep an eye on the company, however, which remains a non-starter for Apple. The company also drew some particularly harsh criticism from the DOJ, which stated in a filing that "Apple wants to continue business as usual, regardless of the antitrust laws," and that "this court should have no confidence that Apple on its own effectively can ensure that its illegal conduct will not be repeated." For its part, Apple isn't commenting on the DOJ's latest proposal.
Judge to determine damages in Apple e-book case
The Mac Observer's Jeff Gamet has written a thoughtful analysis of the continuing Department of Justice legal battle against Apple regarding e-book pricing. As you'll remember, Judge Denise Cote found Apple guilty of conspiring with a group of book publishers to raise book prices. Now Judge Cote has said that she'll bring the company back to the courthouse in May 2014 to impose damages. The US Department of Justice, which brought the case against Apple in the first place, has asked Judge Cote to slap the company with a 10-year plan that would force oversight of Apple's contract negotiations and business activities. Apple's already responded to the plan, calling the proposal "draconian," "punitive" and "wildly out of proportion." The company has a good point -- the government is proposing to use injunction as a way to regulate Apple's businesses, and the 10-year plan goes well past the duration of the legal issues in the case. Apple has filed an appeal, noting that Judge Cote made errors in the trial by refusing to allow certain evidence and disregarding other evidence in her ruling. If Apple can win the appeal, the remedies imposed by the court would be dropped. Should the company lose the appeal and the Department of Justice has its way with imposing unprecedented government control on Apple's business dealings, the company stands to lose out on the e-book market. As Gamet notes in closing, Apple isn't going down without a fight, and the company has the resources to take the case all the way to the US Supreme Court if necessary. In the meantime, Amazon continues to sell books at loss-leader pricing and driving competitors out of the market.
CNN takes a closer look at Apple e-book Judge Denise Cote
Before Apple was found guilty of colluding with publishing companies to raise the price of e-books, U.S. District Judge Denise Cote raised a few eyebrows when she issued a statement which seemed to indicate that she was already convinced of Apple's culpability. In late May, about two weeks before trial, Cote said the following: I believe that the government will be able to show at trial direct evidence that Apple knowingly participated in and facilitated a conspiracy to raise prices of e-books, and that the circumstantial evidence in this case, including the terms of the agreements, will confirm that. Given that the case was not subject to a jury trial and that Cote and Cote alone would be deciding the case on its merits, some found her statement to be particularly puzzling. After a three week trial in June, Cote did ultimately find Apple guilty of engaging in a price fixing conspiracy with book publishers. The merits of Apple's case aside, Cote's pre-trial comments are especially interesting in light of a recent blog post from Philip Elmer-DeWitt of CNN Money. Elmer-DeWitt highlights a site called The Robing Room, a website which allows lawyers to rate judges based on professional interactions. While Cote generally receives high marks for being a very thorough and intelligent arbiter of law, a number of reviews contain some revealing remarks. For instance, one reviewer writes: As several commenters have noted, this judge pre-determines which parties should win at the outset, and is blatantly enamored of big-name firms and gov't entities... Another reviewer writes: In a complex administrative law matter, Judge Cote exhibited many of the unfortunate qualities expressed by others here. It seemed clear that she had pre-judged the case and the parties before hearing the merits, and proceeded to rule accordingly without regard for the facts and law. Definitely seemed to value timeliness and procedural technicalities, whether based in the rules or her own sense of how parties should behave, above all else. She is smart and seems hardworking, and tended to ground her rulings on discretionary issues that are more difficult to appeal... Even going back to reviews from 2009, the same issue seems to bubble up: Judge Cote predetermines outcome of the case and consistently rules accordingly even in contradiction to her own orders. And another: Judge Cote has a bubbly style but it masks an inclination toward pre judging issues, including deciding early on deciding who the good guy is and who the bad guy is), and ruling accordingly, without sufficient analysis or consideration of the merits of the issue before her. She is a very smart woman and if the pre-disposition does not get in the way a good judge, but if it does, she can make some very bad (and consistently bad) rulings. Does this mean that Cote's ruling was completely baseless? Of course not. The DOJ made a strong case and it seemed like the ruling could have gone either way. What's more, it's important to keep in mind that online reviews are typically subject to self-selection as most people only chime in whey they have something to complain about. In any event, Apple plans to appeal the ruling and it remains to be seen the extent to which Apple will be subject to damages and, perhaps, other punitive measures.
