The DOJ is going to have a problem with proof, no question. I wonder, though, about those codefendant publishers who have already settled- what cincessions & admissions did they have to make?
As for Apple, the Wall Street Journal says the agency model "has been upheld by federal courts and is common across many industries." The lawsuit claims it's targeting the collusion, not the business model.
Another clause that tickled DOJ antitrust antennas: the Most Favored Nation (MFN), common in all agency contracts, in which a publisher guarantees that no other retailer could set prices below what was set for Apple.
(Tangential aside: Purchasing an e-book reader is believed to be a more environmentally sound choice than buying new books.)
It is my understanding that some were between 60% to 90%* of the cost of producing a book is for things which do not involve printing. This means editing, proof reading, grammer checking, page setting, royalties, among others publisher functions.I just bought the eBook version of His Dark Materials from the Sony bookstore for $21.99. Exactly the same price on the cover of the thick, heavy paperback that my wife bought me when the Magic Compass came out in the theatres.
Something is whacked up with the industry, when a datafile that should have minimal production costs compared to the physical version costs the same.
Something screwy is going on with pricing of eBooks.
And while I would like to pay less for eBooks, I do not feel it is ethical for Amazon to bully others by under-pricing its product below cost, just because it can afford it.
I applaud technical innovations that reduce actual cost, increasing margin for the seller or allowing them to compete with a lower price than sellers with higher costs.
What Amazon is doing isn't innovating. And that ain't right.
They support Amazon's format, Apple's format, Nook's format and PDFs.
I wonder at this one. It holds only if you buy 22-23 e-books for the lifetime of a device instead of new paper books. It seems the analysis takes into account the carbon footprint of production. It is not clear to me if it deals in other impacts - like the chemical waste inherent in the production of electronic devices (paper manufacture has wastes too, and you have to be careful in comparing them), mining operations for the rare earth elements involved, or the effects of recycling the devices (or, more importantly, *not* recycling them properly) and so on.