/// Apple’s Chances on an E-Book Ruling Appeal Are Lousy, Say Legal Scholars

July 10, 2013  |  All Things Digital


Apple seized the moment and brilliantly played its hand. Taking advantage of the Publisher Defendants’ fear of and frustration over Amazon’s pricing … [Apple] provided the Publisher Defendants with the vision, the format, the timetable, and the coordination that they needed to raise e-book prices. … The evidence is overwhelming that Apple knew of the unlawful aims of the conspiracy and joined that conspiracy with the specific intent to help it succeed. – U.S. District Judge Denise Cote Apple has vowed to appeal a federal judge’s ruling Wednesday that it colluded with five publishers to raise the retail price of e-books and break Amazon’s choke hold on the nascent market. And the company thinks its chances are pretty good. But legal scholars aren’t so sure. Those who’ve read U.S. District Judge Denise Cote’s decision say its extensive factual findings and careful application of law will make it difficult to fight. “Apple will appeal once the damages trial is complete,” Stanford law school professor Mark Lemley told AllThingsD . “But I wouldn’t be very confident of their chances.” According to Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley, Apple’s task on appeal is a daunting one. “Apple may have a tough time getting this ruling reversed because the judge made findings of fact about the antitrust violation that appellate courts typically defer to,” Samuelson told AllThingsD

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Apple’s Chances on an E-Book Ruling Appeal Are Lousy, Say Legal Scholars



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