“Apple Inc’s various objections to a court-appointed antitrust monitor in a case involving fixing e-book prices only confirm the importance of his work, a federal judge said on Thursday,” Joseph Ax reports for Reuters.
“‘If anything, Apple’s reaction to the existence of a monitorship underscores the wisdom of its imposition,’ U.S. District Judge Denise Cote wrote,” Ax reports. “Cote’s comment came in a 64-page opinion explaining why earlier this week she had rejected Apple’s request to stay an order installing an external compliance monitor, after she found Apple liable for conspiring to fix e-book prices. The judge said she would allow Apple until Tuesday to file an appeal of her decision to the 2nd U.S. Circuit Court of Appeals.”
“A lawyer for the company, Theodore Boutrous, said on Monday that Apple planned to appeal,” Ax reports. “A Justice Department spokeswoman said the government was pleased with Cote’s decision.”
I have attempted to read 64 pages of diary notes by four yes four sides in the eBook monitor case. The four sides are 1 Apple 2 DoJ 3 Monitors 4 Judge.
What I have found is crap repeat crap masquerading as legal argument. By some of the four.
First the appointment of a monitor.
In the first space shuttle disaster Nobel laureate Feynman was appalled at the poorness of scientific preparation for flights. But at least he was not a biologist who had no expertise in rocketry.
But Cote used such a biologist with no expertise in antitrust cases. And to add insult to injury appointed and expert assistant to help the first monitor learn on the job his duty. $1100/hr for the dumb boss and $1025/hr for the expert assistant. Apples first objection lost in the crap and discarded by Cote was why not appoint the assistant as boss, and save $1100/hr dollars!
“Apple submitted a letter objecting to both of the candidates. Its objection to Bromwich was brief, and essentially confined to the argument that Nigro was an antitrust specialist and that a dual-monitor structure was unnecessary. ” Case 1:12-cv-02826-DLC Document 437 Filed 01/16/14 Page 14 of 64 This is Comrade Cote speaking!
Why would both DoJ and Cote accept and idiot in antitrust monitoring. ONLY as a political nepotistic act to run amok in Apple pulling Quote “ANY” unquote copying dumb-in-antitrust-law-Bromwich thought might have bearing on compliance. Great for Samsung to have access to Apple – Nokia agreement and just the thing for ignorant in antitrust law Bromwich to COPY ANY item he thought might have bearing. Great for Microsoft or Google to accidentally to come across these copyings when he leaves the item in their office.
In the first complaint against dumb-in-antitrust-law-Bromwich ( this is not an insult — it is acknowledged by the court as being correct) by Apple where is the expert assistant Nigro to guide our learner of the procedures in antitrust monitoring? NO WHERE TO BE SEEN. WHY? THIS IS GROSS Negligence by both Bromwich and Nigro!
Nigro in not supervising, Bromwich in acting as cop without any learned police skills!
IDIOT Comrade Cote can’t even see a fault!!!!!!
As the Wall St Journal said previously is Comrade Cote qualified at all in logic and law.
Dumb-in-antitrust-law-Bromwich travels the corridors of Apple demanding instant interviews with everyone with a secret (?) copying device as decreed by the rules of engagement. Apple penchant for secrecy is exploded by one clause in the monitor rules. Any one through dumb-in-antitrust-law-Bromwich can now access Apple’s files provided dumb-in-antitrust-law-Bromwich gets his share!
Apple’s only recourse as stipulated by Comrade Cote is to run crying to the DoJ and Cote immediately, who both feel that Apple is a hardened recidivist criminal because it is not contrite or acknowledges constantly its heinous crime of antitrust monopolistic practice.
“ ….awareness of illegality or the danger of collusion by publisher defendants to raise eBook prices. There is no showing of institutional reforms to ensure that its executives will never engage again in such willful and blatant violations of the law.” Case 1:12-cv-02826-DLC Document 437 Filed 01/16/14 Page 8 of 64
Here in Cote’s quote is the nub of the matter!
Judgment without the facts!
Judgment without economics!
Judgment without accounting practices!
Judgment without legal precedence.
SHOW TRIALS USA STYLE!
(I much prefer Monty Python’s Blackmail TV show! At least it was honest!)
Judgment without the star witness AMAZON!
Judgment by Cote pre-trial as well!
Punish Punish Punish
Who cares about facts? NOT USA DoJ. NOT TRIAL JUDGE COMRADE COTE.
Perhaps post 9/11 USA has turned to those great Cold War Enemies, Stalinist CCCP, Maoist China, and the greatest printer of USA $100 bills – People Democratic Republic of North Korea for insights on how to conduct show trials and brainwashing skills.
Apple must flagellate itself constantly to prove to the court its a sinner and needs a good wiping! Apple and its staff must wear sackcloth and chant socialist mantras to show remorse according to Comrade Cote. Otherwise how will dumb-in-antitrust-law-Bromwich know that Apple is reforming – perhaps Apple should go to Gitmo Cuba.
AND why Apple feels innocent.
Some unacknowledged facts by the prosecutors the DoJ and economic dunce Cote.
The Publishers sold to Amazon for the price approx. $14 per copy!
With Amazon the Publishers got 100% repeat 100% of the $14.
With Apple the Publishers got 60% repeat 60% of $14 OR approx $9.
So why would Publishers lose $5 and still be monopolistic?
And Apple sould to the public eBooks for $14
If Publishers lost $5 per eBook with Apple Why did they admit guilt to monopolist practices?
Now the gorilla in the room – Amazon.
How could Amazon make a profit buying an eBook for $14 from publishers and selling it for $10 to the public?
Is this sustainable? Climate Change denier Comrade Cote thinks so, see quote below!
Is this voodoo economics? Is this communist practices? Well yes to both – that’s why Communism collapsed because the prices were rigged. Amazon rigs the prices to get market share at the expense of the USA taxpayer YOU & Me! HOW? By subsidizing eBook prices for the Kindle from hard book sales but it even expands more so that profits remain low each quarter. It is from profits that Uncle Sam gets rich – tax. Look at Amazons profits $40 million on $2 Billion sales. That’s 2 cents in $10. USA gets $12 to $15 Million in tax on $2000 Million.
It pays tax on $40 million yet earns income of $2Billion Some tax minimization here for the DoJ to look at.
Questions for economic dunce Comrade Cote: how long can losses continue in the Book market?
CCCP lasted 70 years without paying USA the $150 Billion ($1Trillion in today’s money) it got in military goods in WWII. And demanding products below cost of production from Warsaw state countries!
This is what Amazon does – sells not a fair value but below cost.
Apple’s crime was that it wanted to make a profit wanted publishers to make less of a profit wanted to give the public quality books with interactions, video, pictures, net conections etc.
How many book sellers has Amazon shut down?
Are Amazon acts monopolist?
Quote Cote “ I want to protect the market, protect the consumer, encourage price competition*, and . . . allow this market to develop and change and prosper in ways we all can’t imagine today.”
( * In the Japanese TV dumping case in 70s Sony initially part of the conspiracy was then excluded by DoJ because they sold the most expensive TV in USA the Trinitron! This is “price competition” at its best, quality deserves a premium value something Comrade Cote with her socialist ideals can’t understand! I could go on about Apple’s eBook ideas here!)
The quote is fantasy, unsustainable and ultimately a fundamentalist ignorant belief against reality!
Just as Quantitative Easing by that Bromwich look-a-like Bernanke is fcuking USA at $1Trillion per year. So too Bromwich that Bernanke look-a-like will fcuk Apple with the help of DoJ & Cote.
What is the most appalling in this case is how dumb the reporters and bloggers are. They can’t tell bullshit from heavenly manna! And follow any idiot like lambs to the slaughter.
Join the has beens USA. Join CCCP and East Germany**. Become a failed state!
** NSA has taken a leaf out of the Ustaci spy book!
I could critique more but in just two points you see politics not law practiced.
The reason for the case is that Obama is punishing Apple and making an example of this. This is Chicago/Soviet thug tactics. He wants them to repatriate the big off shore money and the government 35% in taxes. Of course when you elect a guy who had clearly expressed in writing and his associations his preference for government control of the private sector this is what you get. Spread the wealth around, as he replied to Joe the Plumber. Yes, steal, plunder and seize assets via total regulation.
I don’t understand the Government harassment of Apple. They are clearly being attacked on several fronts with the full power of the Federal Government and with no regard for the actual law. This treatment by Obama is normally only applied to citizens who have attended Tea Party events. What did Apple do to be treated like the evil Tea Party people?
I have attempted to read 64 pages of diary notes by four yes four sides in the eBook monitor case. The four sides are 1 Apple 2 DoJ 3 Monitors 4 Judge.
What I have found is crap repeat crap masquerading as legal argument. By some of the four.
First the appointment of a monitor.
In the first space shuttle disaster Nobel laureate Feynman was appalled at the poorness of scientific preparation for flights. But at least he was not a biologist who had no expertise in rocketry.
But Cote used such a biologist with no expertise in antitrust cases. And to add insult to injury appointed and expert assistant to help the first monitor learn on the job his duty. $1100/hr for the dumb boss and $1025/hr for the expert assistant. Apples first objection lost in the crap and discarded by Cote was why not appoint the assistant as boss, and save $1100/hr dollars!
“Apple submitted a letter objecting to both of the candidates. Its objection to Bromwich was brief, and essentially confined to the argument that Nigro was an antitrust specialist and that a dual-monitor structure was unnecessary. ” Case 1:12-cv-02826-DLC Document 437 Filed 01/16/14 Page 14 of 64 This is Comrade Cote speaking!
Why would both DoJ and Cote accept and idiot in antitrust monitoring. ONLY as a political nepotistic act to run amok in Apple pulling Quote “ANY” unquote copying dumb-in-antitrust-law-Bromwich thought might have bearing on compliance. Great for Samsung to have access to Apple – Nokia agreement and just the thing for ignorant in antitrust law Bromwich to COPY ANY item he thought might have bearing. Great for Microsoft or Google to accidentally to come across these copyings when he leaves the item in their office.
In the first complaint against dumb-in-antitrust-law-Bromwich ( this is not an insult — it is acknowledged by the court as being correct) by Apple where is the expert assistant Nigro to guide our learner of the procedures in antitrust monitoring? NO WHERE TO BE SEEN. WHY? THIS IS GROSS Negligence by both Bromwich and Nigro!
Nigro in not supervising, Bromwich in acting as cop without any learned police skills!
IDIOT Comrade Cote can’t even see a fault!!!!!!
As the Wall St Journal said previously is Comrade Cote qualified at all in logic and law.
Dumb-in-antitrust-law-Bromwich travels the corridors of Apple demanding instant interviews with everyone with a secret (?) copying device as decreed by the rules of engagement. Apple penchant for secrecy is exploded by one clause in the monitor rules. Any one through dumb-in-antitrust-law-Bromwich can now access Apple’s files provided dumb-in-antitrust-law-Bromwich gets his share!
Apple’s only recourse as stipulated by Comrade Cote is to run crying to the DoJ and Cote immediately, who both feel that Apple is a hardened recidivist criminal because it is not contrite or acknowledges constantly its heinous crime of antitrust monopolistic practice.
“ ….awareness of illegality or the danger of collusion by publisher defendants to raise eBook prices. There is no showing of institutional reforms to ensure that its executives will never engage again in such willful and blatant violations of the law.” Case 1:12-cv-02826-DLC Document 437 Filed 01/16/14 Page 8 of 64
Here in Cote’s quote is the nub of the matter!
Judgment without the facts!
Judgment without economics!
Judgment without accounting practices!
Judgment without legal precedence.
SHOW TRIALS USA STYLE!
(I much prefer Monty Python’s Blackmail TV show! At least it was honest!)
Judgment without the star witness AMAZON!
Judgment by Cote pre-trial as well!
Punish Punish Punish
Who cares about facts? NOT USA DoJ. NOT TRIAL JUDGE COMRADE COTE.
Perhaps post 9/11 USA has turned to those great Cold War Enemies, Stalinist CCCP, Maoist China, and the greatest printer of USA $100 bills – People Democratic Republic of North Korea for insights on how to conduct show trials and brainwashing skills.
Apple must flagellate itself constantly to prove to the court its a sinner and needs a good wiping! Apple and its staff must wear sackcloth and chant socialist mantras to show remorse according to Comrade Cote. Otherwise how will dumb-in-antitrust-law-Bromwich know that Apple is reforming – perhaps Apple should go to Gitmo Cuba.
AND why Apple feels innocent.
Some unacknowledged facts by the prosecutors the DoJ and economic dunce Cote.
The Publishers sold to Amazon for the price approx. $14 per copy!
With Amazon the Publishers got 100% repeat 100% of the $14.
With Apple the Publishers got 60% repeat 60% of $14 OR approx $9.
So why would Publishers lose $5 and still be monopolistic?
And Apple sould to the public eBooks for $14
If Publishers lost $5 per eBook with Apple Why did they admit guilt to monopolist practices?
Now the gorilla in the room – Amazon.
How could Amazon make a profit buying an eBook for $14 from publishers and selling it for $10 to the public?
Is this sustainable? Climate Change denier Comrade Cote thinks so, see quote below!
Is this voodoo economics? Is this communist practices? Well yes to both – that’s why Communism collapsed because the prices were rigged. Amazon rigs the prices to get market share at the expense of the USA taxpayer YOU & Me! HOW? By subsidizing eBook prices for the Kindle from hard book sales but it even expands more so that profits remain low each quarter. It is from profits that Uncle Sam gets rich – tax. Look at Amazons profits $40 million on $2 Billion sales. That’s 2 cents in $10. USA gets $12 to $15 Million in tax on $2000 Million.
It pays tax on $40 million yet earns income of $2Billion Some tax minimization here for the DoJ to look at.
Questions for economic dunce Comrade Cote: how long can losses continue in the Book market?
CCCP lasted 70 years without paying USA the $150 Billion ($1Trillion in today’s money) it got in military goods in WWII. And demanding products below cost of production from Warsaw state countries!
This is what Amazon does – sells not a fair value but below cost.
Apple’s crime was that it wanted to make a profit wanted publishers to make less of a profit wanted to give the public quality books with interactions, video, pictures, net conections etc.
How many book sellers has Amazon shut down?
Are Amazon acts monopolist?
Quote Cote “ I want to protect the market, protect the consumer, encourage price competition*, and . . . allow this market to develop and change and prosper in ways we all can’t imagine today.”
( * In the Japanese TV dumping case in 70s Sony initially part of the conspiracy was then excluded by DoJ because they sold the most expensive TV in USA the Trinitron! This is “price competition” at its best, quality deserves a premium value something Comrade Cote with her socialist ideals can’t understand! I could go on about Apple’s eBook ideas here!)
The quote is fantasy, unsustainable and ultimately a fundamentalist ignorant belief against reality!
Just as Quantitative Easing by that Bromwich look-a-like Bernanke is fcuking USA at $1Trillion per year. So too Bromwich that Bernanke look-a-like will fcuk Apple with the help of DoJ & Cote.
What is the most appalling in this case is how dumb the reporters and bloggers are. They can’t tell bullshit from heavenly manna! And follow any idiot like lambs to the slaughter.
Join the has beens USA. Join CCCP and East Germany**. Become a failed state!
** NSA has taken a leaf out of the Ustaci spy book!
I could critique more but in just two points you see politics not law practiced.
The reason for the case is that Obama is punishing Apple and making an example of this. This is Chicago/Soviet thug tactics. He wants them to repatriate the big off shore money and the government 35% in taxes. Of course when you elect a guy who had clearly expressed in writing and his associations his preference for government control of the private sector this is what you get. Spread the wealth around, as he replied to Joe the Plumber. Yes, steal, plunder and seize assets via total regulation.
I don’t understand the Government harassment of Apple. They are clearly being attacked on several fronts with the full power of the Federal Government and with no regard for the actual law. This treatment by Obama is normally only applied to citizens who have attended Tea Party events. What did Apple do to be treated like the evil Tea Party people?