Publishers propose payout of $3 per NYT bestseller in e-book settlement

Posted:
in General Discussion edited January 2014
Two of the publishers named as colluders with Apple in the Justice Department's iBookStore price fixing antitrust case against Apple have already begun contacting former customers, alerting them that a "plan of distribution" has been proposed to the court for a final settlement payout.

Book publishers
Late Apple cofounder Steve Jobs introduces iBooks iPad app and partner publishers in 2010. | Source: Apple


Penguin and Mamillan, two of the five publishers named in the case surrounding Apple's iBookStore, have already created a site explaining to potential claimants how they can claim their portion of the a settlement the two publishing houses reached with the U.S. Department of Justice. Part of the plan includes a combining of the $93.21 million from the Macmillan and Penguin settlements with $69.04 million from prior settlements into a central fund, to be distributed at a later date.

If accepted by the court, the proposal would grant customers who purchased a New York Times bestseller from the iBookStore to $3.06 per title, while those purchasing other titles would be entitled to $0.73 per book. Minnesota residents may receive a higher price per e-book as the state's representation did not participate in the earlier settlements between state attorneys general and Hachette, HarperCollins and Simon & Schuster. Counsel representing Minnesota consumers successfully negotiated a higher yielding settlement with the three publishers.

The most recent notification applies only to customers that bought books from Penguin or Macmillain through iTunes. Payments will be distributed to claimants following a hearing on December 6, 2013, assuming all appeals are resolved.

In July, U.S. District Court Judge Denise Cote found Apple guilty of e-book price fixing. By the time Cote handed down her decision, though, the publishers that had been accused alongside Apple had long since settled with the DOJ.

The DOJ has requested that an external antitrust monitor be installed at Apple, so as to ensure that the iPad maker no longer engages in anticompetitive action. The Department is also calling for changes to the way purchases work when filed through the Kindle app on an iOS device.

While its publishing partners have capitulated, Apple has continued to resist the Justice Department's actions. This week, Apple's counsel entered into court records a memo saying that the ebook trial was "plainly improper" and that the Department's recommendations would lead to an unfair advantage for Amazon, the dominant player in the ebook segment.
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Comments

  • Reply 1 of 28
    Old news. I got my settlement email 5 hours ago. ;)
  • Reply 2 of 28
    droidftwdroidftw Posts: 1,009member


    Minnesota resident here.  My email said that final figures haven't been determined, but the estimate was "$0.93 - $3.82" per title.  Of course it also depends on the title, publisher, and date of purchase.

  • Reply 3 of 28
    jfc1138jfc1138 Posts: 3,090member
    Yep: "The amount of your payment will be determined based on qualifying E-book purchases identified by Apple in your iTunes account."
  • Reply 4 of 28


    What about those who had to pay more from other sources because of those agreements?

  • Reply 5 of 28
    droidftwdroidftw Posts: 1,009member

    Quote:

    Originally Posted by EWTHeckman View Post


    What about those who had to pay more from other sources because of those agreements?



     


    I've only bought eBooks from the Kindle app on my Android devices and I got an email.  It's not limited to purhcases on Apple devices, if that's what you're asking.

  • Reply 6 of 28

    Quote:

    Originally Posted by DroidFTW View Post


     


    I've only bought eBooks from the Kindle app on my Android devices and I got an email.  It's not limited to purhcases on Apple devices, if that's what you're asking.



     






    That is what I'm asking. The article seems to indicate that it's only iBook buyers that would get the proposed settlement.

  • Reply 7 of 28
    It may not be limited to those who purchased from the iBookstore, but everyone will be gettings iTunes credit.

    From the email (emphasis mine):
    [B][U]What the Settlements Provide[/U][/B]
    The Macmillan and Penguin Settlements, together with settlements previously approved by the Court, create a $162.25 million fund for payments to consumers who purchased qualifying E-books from April 1, 2010 through May 21, 2012. If the Court approves the Macmillan and Penguin Settlements, [B]eligible consumers will receive a credit to their iTunes account that will need to be activated.[/B] The credit can be used on any purchases of E-books. The amount of your payment will be determined based on qualifying E-book purchases identified by Apple in your iTunes account.
  • Reply 8 of 28

    Quote:

    Originally Posted by starbird73 View Post



    It may not be limited to those who purchased from the iBookstore, but everyone will be gettings iTunes credit.



    From the email (emphasis mine):

    What the Settlements Provide

    The Macmillan and Penguin Settlements, together with settlements previously approved by the Court, create a $162.25 million fund for payments to consumers who purchased qualifying E-books from April 1, 2010 through May 21, 2012. If the Court approves the Macmillan and Penguin Settlements, eligible consumers will receive a credit to their iTunes account that will need to be activated. The credit can be used on any purchases of E-books. The amount of your payment will be determined based on qualifying E-book purchases identified by Apple in your iTunes account.


     


    Hmmm… Can any E-books be purchased through iTunes for any platform other than iBooks? If that's the case, this settlement idea strikes me as … well … odd.

  • Reply 9 of 28
    droidftwdroidftw Posts: 1,009member

    Quote:

    Originally Posted by starbird73 View Post



    It may not be limited to those who purchased from the iBookstore, but everyone will be gettings iTunes credit.


     


    Not everyone is getting iTunes credit.  My email said I'll automatically get Amazon.com credit and that I have an option to get a check if I want to jump through some hoops to do it that way.

  • Reply 10 of 28
    ewtheckman wrote: »
    Hmmm… Can any E-books be purchased through iTunes for any platform other than iBooks? If that's the case, this settlement idea strikes me as … well … odd.

    Well, only iBooks on iPad, iPod touch, iPhone, and soon Mac. That's it.
    droidftw wrote: »
    Not everyone is getting iTunes credit.  My email said I'll automatically get Amazon.com credit and that I have an option to get a check if I want to jump through some hoops to do it that way.

    Oh, cool. I didn't buy any (that I know of) through kindle/amazon (or any qualifying books or just haven't gotten the email yet) so didn't realize/stop to think that it would be through the store you bought from.
  • Reply 11 of 28
    dysamoriadysamoria Posts: 2,152member
    $3 overcharge to consumers? How did the market not collaps with such extreme charges?

    No, that's just what's left to consumer remedy after the lawyers take their cut.

    Because its really about protecting the consumers, right?
  • Reply 12 of 28
    droidftwdroidftw Posts: 1,009member

    Quote:

    Originally Posted by dysamoria View Post



    $3 overcharge to consumers? How did the market not collaps with such extreme charges?



    No, that's just what's left to consumer remedy after the lawyers take their cut.



    Because its really about protecting the consumers, right?


     


    The average eBook price raised by about $3 after Apple and the publishing companies fixed the prices so it would make sense that around $3 per book goes back to the consumers.


     


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  • Reply 13 of 28
    tallest skiltallest skil Posts: 43,399member

    Originally Posted by DroidFTW View Post


    Apple and the publishing companies fixed the prices



     


    lol, enjoy your FUD.

  • Reply 14 of 28
    droidftwdroidftw Posts: 1,009member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    lol, enjoy your FUD.



     


    Troll all you want as you're apparently allowed to do so, but I'm just going by what's been decided by the courts as of today.  While Apple has chosen to appeal, and that's their right, as of right now they have been found guilty.  Knock off the off topic BS and deal with it.

  • Reply 15 of 28
    tallest skiltallest skil Posts: 43,399member

    Originally Posted by DroidFTW View Post


    Troll all you want as you're apparently allowed to do so



     


    Lie all you want, as you're apparently allowed to do so.






    …decided by the courts as of today.



     


    Meaningless. We know the truth. Truth is all that matters.

  • Reply 16 of 28
    droidftwdroidftw Posts: 1,009member

    Quote:

    Originally Posted by Tallest Skil View Post


     


    Lie all you want, as you're apparently allowed to do so.


     


    Meaningless. We know the truth. Truth is all that matters.



     


    Against my better judgment, I'll bite one more time.  Where are all these occurences of me lying?  Is this in reality or just what you know to be the truth?

  • Reply 17 of 28

    Originally Posted by DroidFTW View Post


    Against my better judgment



     


    Hilarious. Stop pretending you're stupid; we might start thinking you are.

  • Reply 18 of 28
    droidftwdroidftw Posts: 1,009member


    You're right, I should have known better.  You got me, this time, TS.  Congrats on a successful trolling and possible thread derailment.

  • Reply 19 of 28
    nelsonxnelsonx Posts: 278member


    Is it possible to setup the forum in such a way that I will not see anymore posts from this individ called "Tallest Skil"?

  • Reply 20 of 28
    samnuvasamnuva Posts: 225member


    What is so hard to understand about what happened in this case: Amazon is pushing prices to unprofitable levels in order to corner the market and gain a monopoly. Apple said no, and is now a criminal company  because of that?


     


    Apple made a massive heroic move here. Do you really want Amazon controlling the world literature market? That's what's going to happen if looneys like some people around here get their way. Apple broke the law for everyone's benefit. Stop hating on those trying to protect you, it's pretty scummy.

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