I was looking for a totally impartial, warts-and-all, facts-based run-down of the Ebooks lawsuit – here it is, summed up thusly:
“…there is nothing inherently illegal with the agency model, price tiers, or an MFN clause. And there isn’t even anything wrong with combining them in negotiation with a single company. The problem comes when they’re combined in negotiation with six publishers that between them control nearly 50 percent of the book market, and over 90 percent of the New York Times bestsellers.”
To be honest, I was ready to side with Apple on this, but they are the guilty, albeit well-meaning party in this lawsuit.
I get the impression that Apple, blinded by the envy/hatred that Amazon had sewn up 90% of the eBook market, saw themselves as some sort of saviour for the publishing industry, and like so many people before, executed badly and made things worse.
Let’s hope they learn their lesson.