Originally Posted by dasanman69
OK then answer me this. Were the publishers allowed to scoff at the MFN clause, or did Apple say "take it or leave it" and did they not also tell the publishers that they'd not allow any ebook selling apps if they didn't agree? I'm sure that I could walk around pointing guns at people's heads, ask for things nicely, and get what I want.
You clearly don't understand doing business at this level, or apparently even the concept of entering into "mutually beneficial, good faith" agreements...
Apparently, in your world, every agreement in the business realm involves a hostile, confrontational approach and attitude, yes? One side dictating all the terms, contracts mainly involving "Take it or Leave it", one-sided Demands, and (heaven?) Forbid this and Forbid that, and the Threat of the Headshot. Wow. Really. Remind me to NEVER consider doing business with YOU.
OK, and in response, answer me this:
- Why would the publishers "scoff"… if they'd just willingly entered into a very beneficial, desirable and mutually agreeable arrangement with a new retail partner ON MUTUALLY AGREED TERMS?
- Why would Apple take the position of "take it or leave it" if they'd just willingly entered into a very beneficial, desirable and mutually agreeable arrangement with their new publishing partners ON MUTUALLY AGREED TERMS?
- Why do you assume Apple enters into ANY such business negotiations with a "gun pointed at people's heads"? That's a hell of a way to enter into new business partnerships…. erm, not?
Every business negotiation I've ever been involved in was about a) clearly defining the spirit of agreement so there is no risk of misunderstanding, b) ensuring everyone got what they needed (seeking what we refer to as the "win-win" in any given arrangement) and c) entering into agreements in "good faith".
The intent in all but the most rare cases is to forge a strong, lasting and mutually beneficial strategic partnership or alliance.
Something it appears the DOJ likes to refer to as "conspiracy".
And that's it. I'm done with this. I assume you will definitely be getting the last word in, since mine stop here… have fun with that.