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Injunction arrives in DOJ ebooks case: 30% App Store commission remains, most-favored-nation clauses are out

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The judge in the highly controversial DOJ ebooks case has delivered an injunction against Apple today, GigaOM reports.

The injunction prevents Apple from working in ‘most-favored-nation’ clauses into its contracts with publishers. MFN clauses have required publishers to sell their books at the lowest price on the iBookstore, but this injunction “forbids Apple from enforcing MFN clauses in any ebook publishing contracts for five years.”

On the other hand, the DOJ’s proposal of giving other ebook retailers the opportunity to set up shop within iOS devices without giving 30% to Apple has been denied. Just a couple of weeks ago, the DOJ submitted an email from Steve Jobs showing how Apple’s decision to force apps into using Apple’s payment system came to be.

In addition, the injunction will force certain terms in Apple’s new contracts with ebook publishers. More specifically, the amount of time publishers can discount their books must be much longer.

Lastly, Apple will have some constant visitors at the Apple HQ to make sure they stay in line. “For two years, Apple will be monitored by a court-appointed External Compliance Monitor to ensure that it does not conspire again.”

After Apple was found guilty back in July, the DOJ laid out a proposed settlement that Apple called “draconian and punitive.” After today’s injunction was announced, an Apple spokesperson said the company will “pursue an appeal of the injunction.”

The full injunction, which will start in 30 days and go on for five years, is embedded here:

US v. Apple Injunction

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Comments

  1. 30% remains because if they attempted to yank that the Appeal would succeed, hands down.

    Apple should bring a suit about absurdly high priced technical books for the Kindle.