Apple 2.0

Covering the business that Steve Jobs built

Comic of the day: Apple e-book amicus brief as graphic novel

December 7, 2013: 12:36 PM ET

Held to 5 pages by Judge Cote, one critic blasted the DOJ with pictures worth 5,000 words.

Amicus

FORTUNE -- I missed this legal curio when it was filed back in Sept. 2012 by an amicus curiae (friend of the court) in the case of U.S.A. v. Apple et al. But it caught the eye of both the New York Times' Media Decoder blog and the legal website Above the Law, and it was rediscovered this week by one of the regulars at Investor Village's AAPL Sanity board.

The attached page is one of five submitted by Bob Kohn, the chairman of a company called Royalty Share and a fierce critic of the Department of Justice's proposed settlement of the e-book antitrust case. Finding it difficult to cut his 93-page argument to the five page limit imposed by the court, he hit on the idea of letting pictures paint 5,000 words.

This is old news. Kohn filed his graphic brief before all the publishers had settled and nine months before Apple took it to the bench trial that it lost in a Manhattan federal court last July.

But the timing of its rediscovery is fortuitous. Apple's appeal of that ruling is getting closer and the magistrate who made it -- U.S. District Court Judge Denise Cote -- was back in the news this week when the Wall Street Journal called for her removal from the case.

I've copied the rest of the pages below the fold. Anyone familiar with the story of Apple (AAPL) and Amazon (AMZN) and the beleaguered book publishers will recognize the arguments. The underlying legal issues haven't changed.

See also: Apple e-book trial: The view from the hard benches.

Below: The full document.

Click to enlarge.

Click to enlarge.

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About This Author
Philip Elmer-Dewitt
Philip Elmer-DeWitt
Editor, Apple 2.0, Fortune

Philip Elmer-DeWitt has been following Apple since 1982, first for Time Magazine, and now on the Web for Fortune.com.

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