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AppleInsider › Forums › General › General Discussion › US DOJ points to Steve Jobs email as 'smoking gun' in e-book trial [Update: email was draft]
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US DOJ points to Steve Jobs email as 'smoking gun' in e-book trial [Update: email was draft] - Page 3

post #81 of 86
Quote:
Originally Posted by anonymouse View Post

 

Apparently, you don't understand logic or what 'prove' means, because none of your, "trying to get you to understand," posts on the so-called "evidence" show any signs of applying the one or doing the other. In terms of "proof", the DoJ's case is as flimsy as it gets. There's nothing at all to it but unsubstantiated assertions and hand waving. If the evidence can be said to "prove" anything, it's exactly the opposite of this tale the DoJ has concocted.


Typical response of someone with an a priori bias.

post #82 of 86
Quote:
Originally Posted by EWTHeckman View Post


Typical response of someone with an a priori bias.

 

Typical response of someone who doesn't realize that bias, present or not, has no affect on the truth value of statements.

 

This last argument is as flimsy as your earlier ones.

post #83 of 86
Quote:
Originally Posted by anonymouse View Post

 

Typical response of someone who doesn't realize that bias, present or not, has no affect on the truth value of statements.

 

Typical response of someone who is confusing his own bias with truth.

 

Quote:
This last argument is as flimsy as your earlier ones.

 

So you think "Based on what has been reported here, I don't think the DOJ has demonstrated that beyond reasonable doubt (so far)" is a flimsy argument? Okaaay then.

post #84 of 86
for what it's worth I don't see Apple losing this one. Eddy Cue might have been aware that the publishers were talking to each other. But if so the government's doing a really poor job of proving it. I see Apple getting off scott free.
melior diabolus quem scies
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post #85 of 86
Quote:
Originally Posted by EWTHeckman View Post

Like I said, I am not sure whether Apple actually acted in accord with the intent in that draft email. They must demonstrate that Apple acted in a way which created collusion among the publishers. Based on what has been reported here, I don't think the DOJ has demonstrated that beyond reasonable doubt (so far).

I personally would not call this draft a "smoking gun". A "smoking gun" settles an entire case beyond reasonable doubt. This is crucially important evidence which shows that Steve Jobs at least considered the idea of collusion, but by itself it does not demonstrate that he actually acted on it.

The "price floor" was the retail price. Because of the Agency Model (Publisher sets the selling price) plus MFN (no reseller gets a better deal), no other reseller (including—but not limited to—Amazon) was allowed to sell a particular book for less than whatever wholesale price the publisher was willing to accept plus Apple's 30%. That means no loss leaders, no sales, no dealer willing to settle for a smaller margin to beat the competition. That means that if you wanted to buy the book "My Life as an Apple Fan" (made up title), and you have several ereader platforms, you could not do price shopping to get the best deal. Period.

Under the agreements there is nothing to prevent publishers withholding a title from Apple's iBook store and selling it for 99c if they wanted to.

This is the reality, since Apple entered the market and opened it up to real competition the average price of eBooks has fallen to record lows.

"Apple colluded to raise prices" is DoJ doublespeak for consumers of eBooks have NEVER had it better.
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post #86 of 86
Quote:
Originally Posted by EWTHeckman View Post

I've been a certified "bleed in 6 colors" guy for more than 30 years. But that doesn't mean I'm blind, biased, or stupid. The evidence proves only what it proves, no more, no less. That's what I am trying to get you to understand.

Without clarification from the writer, the "smoking gun" draft email remains circumstantial hearsay at best.

Too bad Jobs didn't cc a lawyer or Apple could use a "Bezo's boathouse" defence.
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