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US defends suit on Apple, e-books amid criticism
by Staff Writers
Washington (AFP) July 23, 2012


US antitrust authorities Monday defended their lawsuit accusing Apple and major publishers of a price-fixing conspiracy on e-books, saying the action is "in the public interest."

The Justice Department filed its response in US District Court in New York in the case, which alleges a collusion to boost the prices of electronic books.

Because three of the publishers agreed to halt the scheme, the settlement was opened to public comment and prompted 868 responses both for and against the deal, which must be approved by the court.

The Justice Department filing said many critics of the settlement "misunderstand" the case or are acting in "their own self-interests, and they prefer that unfettered competition be replaced by industry collusion that places the welfare of certain firms over that of the public."

The filing said authorities acted after e-book prices jumped 30 to 50 percent "virtually overnight" and after an investigation showed the increase "was not the result of market forces, but rather came about through the collusive efforts of Apple and five of the six largest publishers in the country."

"That conduct... is per se illegal under the federal antitrust laws," it said.

It added that a proposal by Apple to modify the settlement "would serve only to undermine the proposed (settlement's) effectiveness, reducing the value of the settlement to consumers."

The tech giant's proposal "is a naked attempt by Apple to have its competitors' ability to compete on price constrained -- to take away the 'nearly unfettered ability to discount'" prices, the Justice Department said.

The lawsuit said the publishers conspired with Apple to end the longstanding "wholesale model" in which e-books were sold to retailers, which had the power to establish their own prices.

They replaced this with a so-called "agency model" where publishers would have the power to set the prices retailers charge for the e-books. Under this arrangement, Apple was guaranteed a 30 percent commission on each e-book sold.

The lawsuit said Apple's self-described "aikido move" worked, and that the publishers entered into contracts with the California tech giant under those terms.

Prior to the introduction of Apple's iPad in April 2010, online retail giant Amazon, maker of the Kindle e-book reader, sold electronic versions of many new best sellers for $9.99.

After the agency model was adopted, the prices rose to between $12.99 and $16.99, the suit said, and price competition among retailers was "unlawfully eliminated." Retailers including Amazon were forced to accept the new model in order to sell the e-books.

Three publishers -- Hachette Book Group, HarperCollins and Simon & Schuster -- reached a settlement but the case will proceed against Apple and the other two, Macmillan and Penguin Group.

Last week, US Senator Charles Schumer criticized the Justice Department action, saying it would "restore Amazon to the dominant position atop the e-books market it occupied for years before competition arrived in the form of Apple."

"If that happens, consumers will be forced to accept whatever prices Amazon sets," he said in a Wall Street Journal commentary.

But the Consumer Federation of America backed the Justice Department, saying it would end a "cartel" and restore competition to the market for e-books.

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Appeal court favors Kodak in Apple patent dispute
San Francisco (AFP) July 23, 2012 - An appeals court on Monday sided with bankrupt photo pioneer Eastman Kodak by endorsing a US International Trade Commission (ITC) move rejecting claims it infringed on two Apple patents.

The US Court of Appeals "affirmed" the trade commission decision in a terse ruling that rejected a bid by Apple to overturn the outcome of an ITC case in May of this year.

The news came as Kodak and Apple exchange legal blows in a patent fight that could thwart the one-time photo giant's quest to raise much-needed cash by selling patents.

Kodak shares were down more than 11 percent on Monday trading at approximately 23 cents.

The troubled photo giant suffered a setback on another front last week when the ITC backed findings that neither iPhone maker Apple nor Blackberry maker Research In Motion had infringed on a Kodak digital photo patent as claimed.

Kodak has stated publicly that it plans to appeal the decision which found the patent at issue was not valid.

Kodak said early this month that US bankruptcy court has approved its bid to auction off more than 1,100 patents despite objections by Apple and FlashPoint over a small number of them.

Buyers will submit bids on a confidential basis for the auction, which is expected to be held early next month, Kodak said in a release.

Kodak filed for bankruptcy in January, succumbing to a 15-year digital assault by younger rivals.

The company hopes that Chapter 11 bankruptcy protection will give it time to reorganize its businesses to avoid being shut down entirely.

The auction will include a bundle of some 700 patents covering image capture, processing and transmission technologies for digital cameras and other devices, including smartphones and tablets equipped with cameras.

The other portfolio, including some 400 patents, covers tools for image analysis, manipulation, tagging, and network-based services.

The Rochester, New York-based company, started in 1892, led the way in popularizing the cameras, film, slide projectors and home videos that allowed generations of users to preserve family photos and other memories.



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Researchers Almost Double Light Efficiency in LC Projectors
Raleigh NC (SPX) Jul 24, 2012
Researchers from North Carolina State University and ImagineOptix Corporation have developed new technology to convert unpolarized light into polarized light, which makes projectors that use liquid crystal (LC) technology almost twice as energy efficient. The new technology has resulted in smaller, lower cost and more efficient projectors, meaning longer battery life and significantly lower leve ... read more


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