Friday News: Apple’s appeal, Kindle Scout’s selections, Australian awards controversy, and books on the battlefield
The key argument Apple will make to the Second Circuit is that case law limits the inferences a judge can make from evidence submitted in antitrust cases, and that Judge Cote relied on too many inferences from too much ambiguous evidence and thus erred in finding Apple liable for a “per se” case of price-fixing. In a recent letter to the Second Circuit, Apple attorneys reiterated that argument, pointing to a recently decided case in another circuit they believe bolsters their contention that case law limits the inferences a judge can make from circumstantial evidence in antitrust cases.
In Apple’s version of events, the company did “nothing more” than “[hear] out” the publishers’ complaints about Amazon and convey its “openness to pricing above $9.99.” Nothing in the evidence, they stress, definitively shows otherwise. Did Apple exploit the publishers’ desire to blunt Amazon’s pricing? Sure—but at no time, Apple attorneys insist, did Apple knowingly join a conspiracy—it was simply trying to enter the e-book market under “rational” business terms. And its entry into the e-book market had “pro-competitive” effects, helping to dent Amazon’s 90% market share. –Publishers Weekly
Of those thirteen books, ten are by authors which I can confirm have a book with a traditional publisher. Most had been published by small presses, but at least three had been published by major publishers, including Random House (Bantam and Ballantine imprints) and Gale (via its fiction imprint, Five Star). –Amazon
For his part, Flanagan, a vocal critic of Prime Minister Tony Abbott, is apparently donating his prize money to the Indigenous Literacy Foundation. This is not the only controversy surrounding this year’s awards – the history category has seen its share of public debate, as well.
Now there’s an argument that it’s the Prime Minister’s prize, and therefore the Prime Minister can intervene at any point to change or modify the judges’ decision. There’s even something in the rules about that. (It might even have happened in the past under Kevin Rudd, but if so, the judges have kept quiet about it, as they should.)
Certainly I have no quarrel with the Prime Minister’s right to choose judges, say. But it seems to me that only in the most extreme circumstances – an unbreakable deadlock, where no one is giving any ground – should the Prime Minister come in with a casting vote. –Sydney Morning Herald
On the appeal of romances and books with steamy sex scenes
Many men wrote in saying, “We would like to read books like Strange Fruit by Lillian Smith because,” as one man said, “this book has sex scenes and a lot of them.” …
[Forever Amber by Kathleen Winsor] was more of a romance novel. And actually some of the people that were in charge of selecting the books expressed concern about sending what they called “trashy books” to soldiers and sailors who were fighting at war. And so, top publishers in the United States were presented with the question of whether they should be sending trashy books to American troops, and the publishers said yes. They said if the men want to read trashy novels then let’s send them trashy novels. –NPR