FORTUNE -- Plaintiff's Exhibit 865, introduced for the Department of Justice by attorney Larry Buterman after he spent an hour cross examining HarperCollins CEO Brian Murray -- examination that was like pulling teeth -- illustrates as well as anything the gap between the government's case and Apple's (AAPL) defense.
It consists of four quotes from HarperCollins executives -- two from Murray himself -- that according to Buterman indicated that Apple presented publishers with a stark choice: Either force Amazon (AMZN) to switch to Apple's "agency" business model and raise e-book prices, or withhold their books from Amazon and the other e-book retailers.
Apple's attorneys have heard this before. And the argument they have made repeatedly is that Apple was simply trying to make the best deal it could, and that nothing in the contracts Apple and the publishers negotiated actually says what the government implies
What U.S. District Judge Denise Cote must decide is whether she can find Apple guilty of conspiracy to violate the Sherman antitrust act on the basis of the implications of its contracts, or whether the violation has to be spelled out in the language of the contracts themselves.
Eddy Cue did the legwork, but the deal had Steve Jobs written all over it
After the 56 phone calls in the space of two months, the clandestine meetings in swank Manhattan eateries, the secret e-mails "double erased" to ensure they couldn't be traced, it all boiled down to three days in January 2010, when Eddy Cue, Apple's (AAPL) vice president of Internet services, pushed five of the six leading book MOREPhilip Elmer-DeWitt - Apr 11, 2012 5:07 PM ET
The settlement the Justice Department is seeking could shutter the iBookstore
Reuters and Bloomberg have both reported -- citing a pair of unnamed sources -- that Apple (AAPL) and one or two major publishers are preparing to get sued for antitrust violations, perhaps as early as today.
Three of the five publishers accused of colluding with Apple to fix the prices of e-books have reportedly accepted deals offered by the European Commission and MOREPhilip Elmer-DeWitt - Apr 11, 2012 7:12 AM ET
A curated selection of the weekend's most newsworthy tech stories from all over the Web. Sign up to get the newsletter delivered to your inbox every morning.Director David Fincher's much-talked about Facebook biopic, The Social Network, failed to win Best Picture or Best Director at this year's Academy Awards, but it did walk away with three statues for Best Film Editing, Best Original Score, and Best Adapted Screenplay. (Also, let's not MORE JP Mangalindan, Writer - Feb 28, 2011 6:00 AM ET
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