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Apple involved in class-action lawsuit over ebook pricing

On today's episode of The Daily Lawsuit: law firm Hagens Berman has filed a class action lawsuit against Apple and five of the major book publishing houses. The suit claims Apple and these publishers have conspired to raise prices on ebooks.

According to the suit, Amazon's loss-leading pricing for ebooks, designed to drive sales of its Kindle e-reader device, may have led to consumers having an established expectation of low ebook pricing. Allegedly, Apple and the major publishers named in the suit have colluded to raise ebook prices significantly over Amazon's lower prices under the so-called agency model.

Under the agency model, ebooks are sold directly to consumers (rather than being sold to retailers as under the old model), with retailers splitting revenues from sales. In the case of Apple's iBookstore, Apple's cut is the same as for most of its other online services: 30 percent.

The suit alleges that Apple's pushing of the agency model has meant that competitors like Amazon are now unable to price ebooks lower than Apple's set prices, which has resulted in driving the price of ebooks higher than ever before -- in some cases, electronic media is more expensive than traditional printed copies. We've looked at iBookstore pricing before, but the situation in 2010 didn't seem to reflect what's described in this suit. The price of ebooks certainly isn't higher than the cost of printed copies in many non-US countries, either; in New Zealand, I could buy three ebooks off the US iBookstore for the cost of one trade paperback from a brick-and-mortar retailer. That pricing situation is the same or worse in the UK and Australia.

According to Hagens Berman, "The lawsuit seeks damages for the purchase of e-books, an injunction against pricing e-books with the agency model and forfeiture of the illegal profits received by the defendants as a result of their anticompetitive conduct, which could total tens of millions of dollars." Well, good luck with that; from what we've been seeing so far, the iBookstore hasn't exactly been a smashing success.



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On today's episode of The Daily Lawsuit: law firm Hagens Berman has filed a class action lawsuit against Apple and five of the major...
 

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Jack

You cannot deny that e-books have risen in price in the last year. It used to be that buying an e-book saved you 25-30% over the cost of a paper book. Now there is little if no savings at all for buying the electronic edition.

I have put my e-book reader up on the shelf. I will avoid e-purchases until e-books are a good value again.

August 10 2011 at 1:41 PM Report abuse rate up rate down Reply
Tetas

I can see this suit being tossed out ( based on this blog since I haven't read the suit ). Those lawyers live in lala land. They are basically suing for a conspiracy theory, they want to interfere with interstate commerce, and they want to recover said funds so they can buy gold plated Porsches. This is only about trying to line their pockets with a quick settlement.

August 10 2011 at 8:30 AM Report abuse +1 rate up rate down Reply
1 reply to Tetas's comment
Rich

Really lol? Yea clearly they are out for money considering that e-book prices were lowered. Conveniently TUAW forgets to the back and forth between Mossburg and Jobs when he announced the pricing in advance and how amazons price would be going up in the future, then all of a sudden 5 major publishers change their deals with in a two week period and don't offer teh same deal that they have been using (not just online but in stores like borders too) for many years. Yea clearly nothing fishy is going on.

August 10 2011 at 11:46 AM Report abuse rate up rate down Reply
1 reply to Rich's comment
yrthegood1staken

In one instance (ebooks) people rant about how media producers are changing their distribution model in this new digital age... How dare they???

in another instance (music/movies) people rant about how media producers are too slow to change their distribution model in this new digital age... How dare they???

Why is it so darn terrible for a company to be selfish in its own financial decisions, but so (clearly) justified for consumers to be selfish in the financial decisions they make? When you start donating your money to a book publisher, you can start complaining that they don't reciprocate without looking quite so hypocritical.

August 10 2011 at 12:43 PM Report abuse rate up rate down
Rob

I hope this has some impact on pricing. On ever ebook I've looked to buy, either at Amazon or iBookstore, the ebook has been within $1 of the paperback pricing, despite having zero manufacturing, inventory, or shipping costs. And it's an inferior product, as I can't sell or lend it. I've as yet to buy a single ebook because of this.

August 10 2011 at 7:45 AM Report abuse rate up rate down Reply
2 replies to Rob's comment
Rich

You can lend e-books depending on where you buy them. Second the manufacturing costs of a paper back book are going to be less then $2, you're not paying them to print it, your paying for the content, editing, and work that went into it. I'm ok paying the same price for the ability to carry my entire library anywhere and the ability to loan my books digitally to friends.

August 10 2011 at 11:55 AM Report abuse rate up rate down Reply
yrthegood1staken

This attitude is the perfect example of the most frequent/glaring economic misunderstanding I see. To clear things up:

Companies do not set prices based on cost of production, they set prices based on what the market is willing to pay. When you have strong competition, the prices will come down - companies who cannot match those low prices go out of business. There is no business formula that sets an exact price, something like Cost of Product = Retailer Markup+Production Cost+Advertising+Shipping+(8% ROI). Instead the formula in use looks more like Cost of Product = (The highest dang price we can set while still moving as many units as possible).

In the ebook industry, the prices can be raised because each company has a monopoly on its particular books. The prices are lowered because the difference in value I put on Book A vs Book B is limited. But ultimately, complaints about ebook pricing is silly. Ebooks in general are incredibly cheap... in the sense of completely free if you are willing to read the classics or some non-mainstream books - there are enough free ebooks available that a person could go their entire life and only read free ebooks. Complaints about other products can be a bit more understandable - you cannot get bread, or cars, or plane tickets for free. It's not a question of a free car vs a Tesla, there is no free car available (and time/age impacts most items negatively, not so with ebooks - they'll be identical at any other time).

With that in mind, people are really saying "I don't want an ebook, I want that new exciting ebook, and I want it for the price I choose." Sounds a little like a child throwing a tantrum to me.

If you don't like the cost, don't buy it. If you place a higher value on reading the book than on using that money for something else, but the book. It's simple.

August 10 2011 at 12:36 PM Report abuse rate up rate down Reply
Mabhatter

Unfortunately, the law is on the side of the publisher. Apple's plan is designed to help publishers, where Amazon is the kid with the "rent-controlled" deal. Legally e-books are not property, each copy requires a PUBLISHING license from the copyright holder. Dead Tree material like Amazon are published, and then the books become OWNED by the retailer to get whatever money they can.

The agreements are similar to the "authorized retail" agreements in the video game world. Which have been either upheld, or considered "private contractual" terms. In both cases, the publisher of the copyright work is trying to "level the field" so that the publisher is not held hostage to the price a retailer sets.

Amazon and Walmart both got where they are by running the numbers and buying such large orders, they skewed the sales, and planned to sell a portion of the run at loss. That was sort of reverse dumping because the big guys swallowed up the supply, hurting loyal small stores, and then dumped 10% or 20% at a loss... Figure they got the books cheaper up front AND took a loss on more books than the non-chains sold... Together.

Also, royalties make up most of a mass market book cost. The author picks a number they want to be payed, and the publisher turns that into a percent on 100,000 copies. When Amazon and Walmart start their games, now the publisher will come up short on royalties. More importantly, the cost of the dead tree version goes WAY up, first when you make smaller orders, and again when you start putting your printers out of business. 1 million books keeps your printers lights on and employees paid, so they will add very little markup. Change that to 50k and the printer has to budget "downtime" into the price of the order... Employees want 40 hour checks for showing up if the boss has work to do or not... Now the dead tree part of the sales is going to cost 5x more than it did before, so ebooks have to charge the same price both ways to offset higher costs. Part of a books list price are there to reward shops for maintaining some inventory between print runs... Again, shopkeeper needs a higher markup because they have pretty shelves to look at books on, that's their "interest" for buying the book 6months ago.

August 10 2011 at 4:59 AM Report abuse rate up rate down Reply
1 reply to Mabhatter's comment
Rich

First off, the model for selling books has alwasy been what amazon does, not that that can't change but 5 major publishers changing that model inside of a month is pretty damming.
Second based on the previous model, any discounts that amazon gave were at it's own profits and not the publishers, they didn't loose anything on the discount.
Also in the previous model publishers could set their own price, amazon pushed it to keep it low but they can charge w/e they want (this is the one part I could be incorrect with so please shoot me with a link otherwise). If amazon wants to discount that and take a smaller cut they can.

With the BS that apple is pulling in the app store with links and even pricing across the board it's pretty obvious to anyone what is going on. Name a single industry that has 5 major players completely change their business model to the same exact thing with in a month? It's impossible unless they were talking to each other.

August 10 2011 at 11:53 AM Report abuse rate up rate down Reply
Stehelong Dig

What should happen is that you plug your phone into the mac via a USB lead. This automatically launches i-photo, which displays all the pics currently in your phone and offers to download them for you.

http://answers.yahoo.com/question/index?qid=20110804001649AAF3Oc2

August 10 2011 at 1:52 AM Report abuse rate up rate down Reply
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