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.
Below: The full document.
News Corp's Wall Street Journal calls for Judge Denise Cote to be taken off the case.
FORTUNE -- Most of arguments the Wall Street Journal made Friday in a strident editorial calling for the ouster of the judge in the e-book antitrust case were taken from a motion Apple (AAPL) filed last week. (See Apple to judge: You and your antitrust monitor are way out of line.)
But there was also a nugget MOREPhilip Elmer-DeWitt - Dec 6, 2013 8:12 AM ET
Tempers flared and motions flew when Apple balked at $138,432 for two weeks work.
FORTUNE -- My colleague Roger Parloff has posted a fascinating back-channel account of the rapidly deteriorating relations between Apple (AAPL) and Michael Bromwich, its court-appointed e-book antitrust monitor.
The trigger, as it so often is, was money.
"On October 24," Parloff reports, "Apple liaison [Kyle] Andeer angered Bromwich by sending him an email questioning Bromwich's proposed $1,100 hourly fee and MOREPhilip Elmer-DeWitt - Dec 3, 2013 12:23 PM ET
The $138,432 he charged for his first two weeks on the job is the least of Apple's objections.
FORTUNE -- Michael Bromwich is driving Apple (AAPL) crazy.
This should not come as a surprise. Bromwich, appointed by U.S. District Judge Denise Cote last month to make sure Apple does everything she ordered when she found Apple guilty of conspiring to fix the price of e-books, is an old hand at this kind of MOREPhilip Elmer-DeWitt - Nov 29, 2013 11:20 AM ET
The e-book antitrust judge picks a compliance monitor with an interesting track record.
FORTUNE -- On Wednesday the U.S. government lawyers who prosecuted -- and won -- the e-book antitrust trial against Apple (AAPL) got the external antitrust compliance monitor they asked for.
What they didn't get was the monitoring they wanted -- and Apple's lawyers feared -- by an outsider with broad powers to block any agreements the company might make MOREPhilip Elmer-DeWitt - Oct 16, 2013 6:06 PM ET
Meet Ted Boutrous, the lawyer handling Apple's appeal of the e-book antitrust verdict.
FORTUNE -- On Thursday, three months after a U.S. district judge ruled that Apple (AAPL) had conspired with five publishers to fix the price of e-books, the company filed its notice of appeal.
The case will be handled from here on in by Theodore J. Boutrous Jr., the smiling man with a sheaf of papers and a helmet of MOREPhilip Elmer-DeWitt - Oct 7, 2013 10:44 AM ET
Apple escapes the most intrusive elements of the government's proposed remedies.
FORTUNE -- Judge Denise Cote issued her final order in the Apple (AAPL) e-book antitrust case late Thursday.
From the company's point of view, it could have been a lot worse.
The order prohibits Apple from engaging in the kind of negotiations or structuring the kinds of deals that resulted in five of the big six publishers ganging up on Amazon (AMZN) in MOREPhilip Elmer-DeWitt - Sep 6, 2013 10:18 AM ET
Judge Cote makes short work of Apple's list of nine evidentiary "errors."
FORTUNE -- This may be too deep in the weeds for anyone who hasn't been following the Apple (AAPL) e-book antitrust case as closely as I have.
But I was curious how Judge Denise Cote would deal with nine evidentiary issues Apple says it will raise in its appeal of her ruling last month (pdf here) that the company was MOREPhilip Elmer-DeWitt - Aug 15, 2013 8:46 AM ET
Lawyers have complained for years that she pre-judges cases before she enters the courtroom.
FORTUNE -- To her credit, the remedies U.S. DIstrict Judge Denise Cote proposed last week to prevent Apple (AAPL) from ever again conspiring to fix e-book prices were far less draconian (and frankly bizarre) than the ones the Department of Justice had requested. See DOJ remedies.
But the air of unreality that permeated her earlier decision in the MOREPhilip Elmer-DeWitt - Aug 14, 2013 6:19 AM ET
Meet the only other convicted price-fixer assigned a court-ordered compliance monitor.
FORTUNE -- Once a month starting in 2001, according to the DOJ's complaint, senior sales executives at AU Optronics (ADR) met secretly with their competitors in a Taipei hotel room to set prices for the thin-film transistor LCD screens used in computers and TVs -- a blatant violation of Section 1 of the Sherman antitrust act.
The conspirators called these monthly MOREPhilip Elmer-DeWitt - Aug 3, 2013 3:16 PM ET
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