U.S.A. v. Apple ruling could allow U.S. government to monitor, interfere with future Apple negotiations

“For Apple, the e-book ruling Wednesday could significantly affect the way its iTunes group does business going forward,” Ian Sherr reports for The Wall Street Journal.

“The company is widely known for its aggressive negotiating efforts with all manner of media companies, not just book publishers,” Sherr reports. “Now that the Justice Department has notched one of its strongest antitrust victories in a decade against Apple, it can closely watch the company’s other businesses.”

Sherr reports, “David Balto, a former policy director at the Federal Trade Commission… said the court could require Apple to keep records of its communications with media partners and allow the government to peer into them whenever they sense trouble. In the end, he said, that could mean upsetting Apple’s other agreements with music and movie makers, where it also uses most-favored-nation clauses.”

Full article here.

MacDailyNews Take: If the whole fiasco holds up when appealed in a higher court presided over by competent judge, that is. Big “If.”

Also, none of this means diddly-squat if the next U.S. administration focuses on supporting U.S. businesses instead of tearing them down over specious claims from monopoly abusers run by little whiny bitches.

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38 Comments

  1. “supporting U.S. businesses instead of tearing them down”

    I believe that Amazon would say that the current administration is doing just that (supporting Amazon instead of tearing them down). 😉

    1. This is clearly part of the Screw and Manipulate Apple Campaign of 2013.

      What is the point of it all?!

      I will point out and rant that Apple is the single most EXCEPTIONAL and THRIVING company in the world. Apple don’t deal with the current spirit of the age: Screw Thy Customer.

      Blundering, Apple does. Screw people over, Apple doesn’t. But most other contemporary businesses base their business models on screwing their customers. It was the entire BASIS of the 2007 worldwide economic depression. Kind of obvious.

      IOW: The morass of self-destructive companies Don’t-Like-Apple, and Do-Run-The-Government. Again, kind of obvious.

    2. The problem is that Amazon has a tiny fraction of Apple’s presence in the US in terms of income, employee base, employee salaries, and economic activity generated. In other words if Apple went down it would have a lot greater impact on the US economy than Amazon.

  2. Maybe they would like Apple to allow the NSA to write and “refine” security code to prevent those spying malware entities from corrupting their data during gathering. Then they would play nice with Apple.

  3. “Also, none of this means diddly-squat if the next U.S. administration focuses on supporting U.S. businesses instead of tearing them down over specious claims from rivals run by little whiny bitches.”

    Talk about big ifs….

  4. “where it also uses most-favored-nation clauses”

    This is the biggest failure of Apple’s legal team in this whole fiasco. It is not, and never was, a “Most Favored Nation” clause! It was, and is, a Best Customer clause. The two are radically different. The legal underpinnings — and what each means with regard to anti trust law — are radically different.

    The failure of Apple’s legal team to even attempt to correct this has always amazed me.

    Just the rampant claim that it is a MFN clause has led everyone — the judge included — to believe this lie lock stock and barrel.

    It’s just as V.I. Lenin said … Tell a big enough lie loudly enough and long enough and everyone will believe the lie and forget the truth.

    1. Oh yes. Beats me how these government TechTards, via their Corporate Oligarchy puppeteers make sense of what they’re doing but…

      Clearly the goal is to MANIPULATE APPLE to their benefit… by crook or by crook or by crook.

      And people wondered why Apple built a $100 billion cache. It’s called FORESIGHT. Bravo Apple! Thrive ON!

        1. Short term perception hit. Long term perception WIN, at least IMHO.

          We well worn Apple fanatics know that anti-Apple FUD is eternal. But nothing impresses like success. And darned all you Apple Bear Bullshitters. Apple continues to succeed brilliantly.

          Of course the FUD campaign the first comes to my mind is the 2005 Symantec perpetrated anti-Apple security FUD fest. It was total invention that Mac OS X was going to be flooded with malware, just as the ‘security through obscurity’ FUD was baseless regarding OS X. Time has proven that to be the case, as here we are 8 years later and oh look, no malware flood for OS X. Ha!

          BUT, setting aside the bullshit, the emphasis on Apple security by hackers, who proved their points about Apple security, has had profoundly positive effects. Apple’s attention to security increased exponentially. Apple did NOT rest on any UNIX laurels. It got serious. We all benefitted. It got us the walled garden security of iOS. It kept Apple bashing at the horrendously poor security in QuickTime, their very least secure software. And so on. Tossing the FUD on top of the fact based thrashing of Apple’s security only helped get Apple moving.

          IOW: FUD is of course crap. But when there are real benefits to be gained, FUD can add to the momentum of change, which is fine by me. Just don’t expect me to offer any respect for FUD or its slimy perpetrators or any peripheral benefactors of its propagandist effects. Die Apple Bear Bullshitters. Die. 😛

        1. Technically, yes, but she still schedules seances to exchange sweet nothings with her departed husband Nigel. The entire household is a tad eccentric, but harmless on the whole. I’ve heard similar sentiments applied to Yankee Nation. It could be a match of sorts.

  5. The Chinese government and corporations must b laughing thier arses off. While the USA can’t rebuild our bridges our greedy government, who is tied to Cable Tv, attacks our greatest asset – and the only company that keeps us in the game. Classic. Good job US government!!! Haha!! We really deserve the shitstorm that’s coming.

  6. I am sorry but when a judge openly states that they have made up their mind before the trial starts they should be removed fromt the case and failure to do so should be grounds for a dismissal.

      1. Maybe the next time Timmy Cook is sitting next to the First Lady watching our Pharaoh Obama at the state of the union infomercial, he could ask her to talk to him.

        1. The student long ago surpassed the teacher. After all, Nixon got caught — and, frankly, had he been impeached, the Republicans then in the Senate would have voted to convict, just as Democrats, then, faced with something similar by, say, Lyndon Johnson, would have voted to convict. The truth no longer rules in this country; politicians on both sides put career and power over their oaths of office, and courts put the law and the Constitution in a distant third place relative to feelings and the centralization of power in the Federal government.

  7. It makes good press that evil apple was forcing prices higher. But I notice that my book choices are constantly diminishing as the book business becomes less and less profitable. My guess is that bookstores are disappering largely because of Amazon.

    In the end, I’m afraid we are going to have less choice, poorer quality because Amazon destroys the economics of the book business to serve their own purposes.

    1. This really is the crime here, people crying about a couple dollars per book are completely ruining the future of books and knowledge for all of Mankind. It’s beyond a disgrace. The US “justice” department is the modern equivalent of burning the Library of Alexandria, which is to me the greatest tragedy in the entire history of the Human race.

      1. After that profound debacle, manuscripts, and scribes, became scarce for a good long while. They were secretly hoarded by scholars who valued learning itself, independent of their religious creeds, and who understood that such treasures were burned and otherwise suppressed as a political expedient by cynical leaders for whom ideology was a mere mask. Funny, that sounds a lot like…today.

  8. Apple should appeal based on the judge’s starting to write her opinion before the trial started. No trial actually took place since the verdict wqs in before it started. The ‘judge’ should be dismissed from the bench and disciplined for doin so!

    1. This should not only be grounds for dismissal, this “judge” should lose her position as such and be ineligible to be a judge in the future. But that would be assuming the system isn’t rigged and corrupt.

  9. Laws are so yesterday. I rule all my peasants by executive fiat.

    Pssst… there will be no more elections because my NSA has control of all voting machines… I love technology!

    Long live King Obambo!

    Please report any dissenters to my Truth Team

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