5 ms·

I don't think it matters if it is right or wrong. The part the government is interested in is if Apple allowed or even encouraged Agencies to set similar price

I don't think it matters if it is right or wrong. The part the government is interested in is if Apple allowed or even encouraged Agencies to set similar prices. It is like running a red light. We can all agree it is illegal. But is it illegal in the middle of the night when there is no traffic? Of course it is. Just because someone went through the red light and didn't violate anyone else's safety doesn't make what they did any less criminal. The law was written without prejudices, so their is no need to look for "mens rea". Sure, it got things going for the driver and helped commerce by allowing the driver to reach the destination faster, but it is still an illegal act. If Apple got the Agencies to agree on a similar price just to get things going and then let the market decide, it doesn't mean that it is any less criminal of an activity to do the former. Remember, the government is pursuing this matter to get fines from all accused parties after the fact and they are doing it on your behalf, if you are an American citizen, that is.

brisance 14y ago
Laws are made by man. What happens if the traffic lights are out of order and permanently shows a red light? Do you obey and patiently wait at the junction until it gets fixed? Of course not. In a civilized country with a working legal system you would be allowed to cross while taking reasonable care to do so. And that's the trouble with this case too. According to what I've read so far Apple recommended setting an upper limit on price, but the lower bound is free (gratis). Technically it is "price-fixing" but I'm not sure whether an upper-bound above what Amazon charged is illegal. Presumably getting the publishers to yank content from Amazon due to their contractual agreements with Apple is a matter of contractual law, not anti-trust or anti-competition.

brisance 14y ago

Laws are made by man. What happens if the traffic lights are out of order and permanently shows a red light? Do you obey and patiently wait at the junction until it gets fixed? Of course not. In a civilized country with a working legal system you would be allowed to cross while taking reasonable care to do so. And that's the trouble with this case too. According to what I've read so far Apple recommended setting an upper limit on price, but the lower bound is free (gratis). Technically it is "price-fixing" but I'm not sure whether an upper-bound above what Amazon charged is illegal. Presumably getting the publishers to yank content from Amazon due to their contractual agreements with Apple is a matter of contractual law, not anti-trust or anti-competition.