This afternoon Apple has been denied the right to suspend the verdict handed down in its defense against charges of conspiring with book publishers to raise the prices of e-books. At the moment this means that Apple is sentenced to terminate current agency agreements with publishers and hold off any multimedia agreements that could in any way increase overall market prices on e-books for the next five years.
The proposal also dictates that Apple must allow Amazon, Barnes & Noble, and any other competing e-book selling entities to link to their own online stores through their apps – at the moment, Apple’s app rules deny said links.
Apple’s requested suspension of Justice Cote’s verdict was intended to leave room for an appeal at a later date. Apple suggested that the possibility that the possibility of their actions being ruled as illegal would have a “chilling and confounding effect not only on commerce but specifically on content markets throughout this country.”
This comment was in response to what Apple lead attorney Orin Snyder suggested as the Department of Justice’ demand of a “hermetically sealed” negotiating environment between publishers and stores. Department of Justice attorney Mark Ryan replied with a suggestion that “… Apple had a choice. It could enter the market and compete freely … or stay out of the market.”
Though there may be legal recourse for Apple in the near future, at the moment it would appear that all sentencing will be running its course unhindered.