Apple lost the Ebook trial, and we were surprised. We thought the government's case was crumbling. We thought the winds had shifted to Apple's favor. We thought that once the truth of the Department of Justice's case againstApple (for allegedly conspiring with publisher to price-fix eBooks) was revealed, there was no way Cupertino would lose. We're sorry. We were wrong. We were not alone in this assessment, however. Either way, what does Apple do now? Let's discuss.
Samsung continues to pull every legal trick out of its hat to avoid paying Apple legal damages from last summer's trial, but this time it may actually have a valid point. Apple, on the other hand, has decided that consumers may just be smart enough to know the difference between shopping from Apple and shopping from Amazon. Another serving of legal drama and courtroom surprises; we'll try to make sense of it all in this week's Law & Apple.
If you are a patent holder and you haven't tried to sue Apple, you really are sort of bush league. Suing Apple is what all the cool patent holders are doing. This week, Boston University is looking to land a windfall of cash from Cupertino, and there might be a pretty good chance that university will win. Also, catch up on the details of the Department of Justice's big case against Apple, as we all await the final ruling that could change the way eBooks are sold.
Apple and Samsung traded legal victories over the last week in Japan, and while many of the headlines surrounding these cases are dramatic, not all legal victories are the same. Sometimes, a win is a win, and a loss just means nobody won anything. For the latest in Apple's courtroom adventures, read on!
As the Department of Justice eBook trial against Apple enters it's third, and likely final, week, two themes consistently emerge: one, the entire DOJ case seems built on a flimsy house of cards that continues to get knocked down; and two, Amazon was a major player in making this lawsuit happen. It seems reasonable to many that Apple will walk away from this case vindicated and victorious. Maybe. Will Apple prevail and, if not, what happens next? Read on.
As the Department of Justice's bizarre prosecution of Apple hits the halfway point of a scheduled three-week trial, there are some clues that perhaps the winds are shifting in favor of Cupertino. This entire case, which could only seem more sponsored by Amazon if its logo was displayed behind the judge's bench, started out with a great deal of hyperbole against Apple, as well as a judge that seemed to have decided the case before it began. Now, as the smoke clears from the DOJ's initial courtroom (and media) assault, it doesn't seem as clear-cut to everyone that Apple is the bad guy. In fact, it is even becoming obvious to many, including perhaps the judge, that Apple actually did not do anything illegal or unethical, and has actually greatly helped the eBook market since coming on the scene. Let's catch up on the last week and a half of this increasingly fascinating case.
On the one hand, the federal government has decided to wade into the muck of the US patent system and is taking it to patent trolls. On the other hand, the federal government has somehow decided to hand Samsung a surprise courtroom victory that they, along with much of the rest of the world, already decided had no merit. The Feds giveth, and the Feds taketh away.
The Justice Department's lawsuit against Apple and a gang of e-book publishers has been brewing for over a year. Now, just a few days before the trial is set to begin, Apple finds itself as the lone defendant in the case, as every other company involved has settled out of court. Is Cupertino willing to settle as well just to make the whole thing go away? Not a chance, says Tim Cook.
Apple seems to be the target of government and media criticism, once again, for operating the same way every other company in the industry operates. Why does Apple get held to a higher standard in the headlines and in the Senate than its competition? And isn't there anyone willing to suggest that perhaps this treatment is not entirely fair? Of course there is.
Is Apple the dark ringmaster of a vast e-book conspiracy designed to hurt consumers, or a champion of the arts and innovation? Also, is Cupertino running a crime syndicate bent on scamming you with rigged power buttons? Interesting questions without clear answers. Let's take a look and go over what we know so far.