DOJ Stories November 21, 2014

Following preliminary approval it received in August, Apple has been granted the final court approval it needed in its $450 million ebook settlement, according to a Reuters report.

During a hearing in Manhattan, U.S. District Judge Denise Cote approved what she called an “unusual” accord. It calls for Apple to pay $400 million to as many as 23 million consumers if the company’s appeal of a ruling finding it liable for antitrust violations is unsuccessful.

U.S. District Judge Denise Cote previously expressed concern over the proposed settlement citing a clause in the agreement that she called “most troubling”, but today called the settlement agreement “within the range of those that may be approved as fair and reasonable.” expand full story

DOJ Stories March 28, 2014

Judge grants class-action status to e-book customers in Apple price-fixing lawsuit

Apple is facing a new class-action lawsuit from iBooks customers over price-fixing practices according to Reuters. As has been previously argued, Apple conspired with book publishers to hike the prices of ebooks, a violation of U.S. anti-trust law. The Department of Justice won its case against Apple for the same reason last year, and Apple is currently in the middle of appealing that case.

This new lawsuit is a civil case being brought by customers affected by the price-fixing scheme. Today U.S. District Judge Denise Cote ruled that the customers suing could do so as a group despite Apple’s objections. The actual trial will be scheduled for later this year.

DOJ Stories January 27, 2014

Apple-Account-informaiton-requests-01

Just a few days later after Apple CEO Tim Cook expressed his thoughts about the NSA and data collection transparency, Apple has posted an update to its website with new information regarding account data requests. The company’s press release comes as US Department of Justice comes to a settlement with technology companies over how they are allowed to disclose information about government data requests.

A statement from the DOJ explains the agreement will allow “detailed disclosures about the number of national security orders and requests issued to communications providers, and the number of customer accounts targeted under those orders and requests including the underlying legal authorities.” Due to these new guidelines, Apple has now been able to report FISA and National Security Letters separate from law enforcement requests as show in its graphics above and below.  It also notes the new data released today replaces the U.S. data from its Feb. 5 2013 Report on Government Information Requests.

Apple-National-Security-orders-02Apple has been working closely with the White House, the U.S. Attorney General, congressional leaders, and the Department of Justice to advocate for greater transparency with regard to the national security orders we receive. We believe strongly that our customers have the right to understand how their personal information is being handled, and we are pleased the government has developed new rules that allow us to more accurately report law enforcement orders and national security orders in the U.S.

Apple CEO Tim Cook said in a recent interview that he would push congress for more transparency regarding controversial surveillance programs and how companies can disclose information related to information requests. At the time, Cook said that there was much the company couldn’t speak about due to gag orders:

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DOJ Stories January 21, 2014

In what is quickly becoming the next big ongoing back and forth between Apple and [insert third party here] of 2014, a new development has unfolded in the antitrust dispute over Apple’s iBooks practices. Michael Bromwich, the external monitor assigned to ensure Apple complies to antitrust laws relating to its iBooks program, has been temporarily removed, Reuters reports, following an “administrative stay” granted to Apple following a recent complaint filed by the Cupertino tech company against the attorney.

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DOJ Stories August 27, 2013

Judge in e-book case ‘doesn’t want to intrude much on how Apple does business’

Judge Cote, who is overseeing the e-books case involving the DOJ and Apple, said today that she does not want to “intrudce much on how Apple does business”, according to an AP article. This is the same judge that found Apple guilty of conspiring to raise prices.

As noted by ATD things morning, Apple recently submitted a court filing calling the latest proposed fixes for its damage to the industry as “broadside masquerading as a brief”. In addition, the company accuses the DOJ of working to give Amazon a competitive advantage. Just four days ago, the DOJ claimed the company’s IAP policies were directly motivated by competition from Amazon.

“Plaintiffs devote much of their brief to seeking to justify an injunction directed at Apple’s unilateral dealings with Amazon (and other e-book retailers) in its App Store, an issue that the plaintiffs did not pursue at trial. Plaintiffs are seeking a remedy that would give Amazon significant competitive advantage over Apple — an advantage it is neither entitled to nor deserves.”

The damages trial for the case is scheduled for May, 2014.

DOJ Stories August 23, 2013

As first spotted by GigaOm, the US Department of Justice has submitted a revised remedy proposal in the ongoing ebook case that previously found Apple guilty of conspiring with publishers to control ebook pricing. While much of the proposal remains the same as the proposal it first submitted at the beginning of this month, the report points out that the DOJ has added more information and a Steve Jobs email as an exhibit showing that Apple changed its in-app purchasing policies specifically “to retaliate against Amazon for competitive conduct that Apple disapproved of.”

While referencing the email above in which Steve Jobs and Apple marketing chief Phil Schiller discuss forcing Amazon to go through Apple’s payment system, the DOJ claims Apple “misrepresented the factual circumstances” since it allows other retailers to bypass its 30% cut: expand full story

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