Closing arguments on the tiral between the Department of Justice and Apple are set to commence today, and it’s starting to look like Apple might actually win this case. In speaking on the matter in court, federal Judge Denise Cote admitted that her understanding of the issues has “somewhat shifted,” which deviates from her original “tentative view” that the government would succeed in proving its case.
On Tuesday, Nook Media VP of Digital Content Theresea Horner also took the stand to describe the cirsumstances surround the B&N’s eBook store launch in 2009. Department of Justice lawyers were planning on proving that B&N had switched to the agency model in 2010 due to negotiations with other publishers that would allegedly have been conducted by Apple. However, the scenario Horner described was a little bit different: it was Amazon who dominated the market and as such dictated all the rules to other booksellers and publishers.
Eddy Cue, Senior Vice President of Apple, testified similarly when he took the stand, saying that he had no idea whether any of the six publishers were communicating with each other while Apple was negotiating eBook prices. He suspects that they were not talking about the deals to one another because none of them used it to leverage a better deal with their own company.
Matthew Ingram of Paidcontent originally seemed to believe that the DOJ had an open-and-shut case and that it was clear Apple was colluding with publishers. However, if Cote rules in Apple’s favor as people are guessing she might, it could spell bad news for those of us who want a change in the way that eBooks are priced.
What do you think will happen when the court makes its decision? Let us know in the comments below!
(Via Digital Book World)