• <center><b>Bonhams<br>Essential Genius:<br>Ten Important Manuscripts<br>For Modern Times<br>Online June 1 – 10, 2020</b>
    <b>Bonhams, Jun. 1 – 10:</b> Renaissance Manuscript featuring two Dialogues by Plato, with translation from the Greek and learned discourse by Leonardo Bruni, called Aretino. $200,000 to $300,000.
    <b>Bonhams, Jun. 1 – 10:</b> Isaac Newton on the plague. Autograph Manuscript, being Newton's notes on reading Van Helmont's "De Peste." $80,000 to $120,000.
    <b>Bonhams, Jun. 1 – 10:</b> EINSTEIN, ALBERT. Autograph Letter Signed ("A. Einstein"), to "Die 'A.E. Group' in New York" humorously accepting his role as patron saint, and offering a motto for their members. $30,000 to $50,000.
    <center><b>Bonhams<br>Essential Genius:<br>Ten Important Manuscripts<br>For Modern Times<br>Online June 1 – 10, 2020</b>
    <b>Bonhams, Jun. 1 – 10:</b> LOBACHEVSKY, NIKOLAI. Document Signed ("Lobachevsky"), and accomplished in Manuscript, a letter of designation in his role as Curator of Regional Education in Kazan. $30,000 to $50,000.
    <b>Bonhams, Jun. 1 – 10:</b> WITTGENSTEIN, LUDWIG. Autograph Letter Signed ("Ludwig Wittgenstein") to Moritz Schlick discussing Gödel's incompleteness theorems. $30,000 to $50,000.
    <b>Bonhams, Jun. 1 – 10:</b> DARWIN, CHARLES. Autograph Letter Signed ("Ch Darwin") to Alexander Agassiz regarding gradation of structure in pediculariæ. $20,000 to $30,000.
    <center><b>Bonhams<br>Essential Genius:<br>Ten Important Manuscripts<br>For Modern Times<br>Online June 1 – 10, 2020</b>
    <b>Bonhams, Jun. 1 – 10:</b> PAULI, WOLFGANG; BOHM, DAVID. Typed Letter Signed ("W. Pauli") to physicist David Bohm offering his second and final critique of Bohm's hugely influential 1952 paper. $15,000 to $25,000.
    <b>Bonhams, Jun. 1 – 10:</b> WHITMAN, WALT. Autograph Manuscript Signed ("Walt Whitman"), a draft of the final lines to his final poem "A Thought of Columbus." $15,000 to $25,000.
    <b>Bonhams, Jun. 1 – 10:</b> KANT, IMMANUEL. Autograph Quotation Signed ("Immanuel Kant"), from an album amicorum. <i>"Quod petis in te est, ne te quaesiveris extra."</i> $15,000 to $25,000.
    <b>Bonhams, Jun. 1 – 10:</b> CLEMENS, SAMUEL LANGHORNE. Photograph Signed ("Mark Twain") and Inscribed, with the witty aphorism, "Admonitions—harvested from the wisdom of the ages: Physician, heal thyself. Patient, heel thyself." $10,000 to $15,000.
  • <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
    <center><b>ABAA Virtual Book Fair</b><br>Join your favorite booksellers<br>June 4-7, 2020
  • <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> INCUNABULA -Fridolin, Stephan. <i>Schatzbehalter.</i> With 96 (including 5 repeated) full-page text woodcuts. Nürnberg, 1491.<br>€ 39 470 / 57 020
    <b>Koller, Jun. 15:</b> Kokoschka, Oskar. <i>Die Träumenden Knaben (The Dreaming Boys).</i> With 11 original lithographs. Vienne, 1908.<br>€ 35 090 / 52 630
    <b>Koller, Jun. 15:</b> Third Bessarion Master (active in Lombard in the third quarter of the 15th century). Leaf from a gradual, 1455-60.<br>€ 21 930 / 30 700
    <b>Koller, Jun. 15:</b> Picasso, Pablo - Delgado, José alias Pepe Illo. <i>La Tauromaquia o arte de torear.</i> With 26 original aquatints and 1 original etching by Picasso.<br>€ 21 930 / 35 090
    <b>Koller International Auctions: Books [and] Manuscripts & Autographs. June 15, 2020</b>
    <b>Koller, Jun. 15:</b> Linschoten, Jan Huygen van. <i>Itinerario, Voyage ofte Schipvaert naer Oost ofte Portugaels Indien…</i> Amsterdam, 1595.<br>€ 17 540 / 26 320
    <b>Koller, Jun. 15:</b> CHILDREN’S BOOKS - Meggendorfer, Lothar. <i>Nah und Fern. Ein Tierbilderbuch zum Ziehen.</i> With 8 coloured, lithographed plates.<br>€ 530 / 790
    <b>Koller, Jun. 15:</b> DANSE MACABRE - Bille, Edmond. <i>Une Danse macabre.</i> With 20 coloured woodcuts. Lausanne, 1919. Large folio.<br>€ 610 / 880
    <b>Koller, Jun. 15:</b> Dexel, Walter. A collection of 7 invitation cards from the Kunstverein Jena, each typographically designed by W. Dexel. Jena, 1924-1928. Each 10.5 x 14.8 cm.<br>€ 530 / 790

Rare Book Monthly

Articles - August - 2013 Issue

Apple Convicted for Role in E-Books Price Fixing Scheme

Timetoclosethebook

The closing slide from Apple's unsuccessful presentation in court.

The last man standing has fallen in the government's lawsuit over price fixing of electronic books. Unlike its partners in “crime,” Apple did not go down without a fight. Indeed, Apple says it will try to rise off the mat to go another round. For the moment anyway, the bell has rung and the U.S. Department of Justice has swept through each round and the judge has awarded it a lopsided decision.

The government's suit alleged that Apple conspired with five book publishers to thwart competition, resulting in higher prices of e-books for the book-buying public. Here are the basics of what happened. A few years ago, when e-books were new, Amazon began to offer them for sale. Amazon likes to dominate a market, and is willing to forgo current profits to become the market leader. So, Amazon bought the publishers' e-books, but sold them at cutthroat prices. Their prices left little room for profit. Some were sold at a loss. It didn't matter to Amazon. They were not out to make a dollar today. They were out to become the runaway leader in selling electronic books, the one place customers would turn when they wanted one. Profits could come later.

You might think the publishers would be laughing all the way to the bank. Cheap prices encourage more sales, but those discounts came at Amazon's expense. The publishers were getting their full price. Nevertheless, if you thought that, you were wrong. The publishers were not pleased at all. They wanted e-books to reach new customers, not the old print book buyers. The publishers make more money on a printed book than an e-book. If Amazon's super low prices ended up stealing away print book buyers, publishers feared their margins per book would fall. They wanted e-books to be an alternative method for people to buy books, not a cheaper one. They wanted Amazon to raise prices. Amazon, on the other hand, wanted to keep their prices low to discourage competition on the retail side.

When one of the publishers tried to force Amazon to sell at higher prices. Amazon threatened to stop buying their books entirely. The publisher relented. Amazon had become too powerful to take on alone.

Into this milieu stepped Apple, the giant computer, smart phone, i-this and i-that maker. Apple wanted to offer e-books for sale, but unlike Amazon, Apple does not want to wait to make profits. It wants to make them now. There was no way Apple could be competitive with Amazon on price and make money. The firm relayed its distress to the publishers. A different pricing model, however, would cure this problem. If the publishers switched to so-called agency pricing, where the publisher dictates the retail price rather than the retailer, Apple would be able to compete on price. If Apple could compete on price, it meant prices would go up, and customers would be less likely to buy cheaper e-books instead of higher priced printed books. This idea looked good to both the publishers and Apple.

Exactly what happened next was the subject of dispute. Apple held negotiations with the various publishers. The publishers switched to agency pricing. When the first publisher switched, Amazon said it would stop buying their books. When they all did, Amazon could no longer afford to pull the plug. They would have lost access to too many titles, meaning e-book buyers would turn to other retailers to buy their books. That was exactly what Amazon wanted to avoid. It had no choice but to give in and agree to sell e-books at the higher “agency” prices.

Now, there is nothing illegal about publishers employing an agency model, even if it does eliminate price competition among retailers. That is not considered price fixing. However, when several publishers get together and all agree to adopt agency pricing, that is considered illegal collusion and price fixing. That is what the Department of Justice alleged. And the instigator, or “ringmaster” to use their term, they said was none other than Apple.

The Department of Justice claimed that Apple was managing a conspiracy whereby each of the publishers would switch to agency pricing. And so they all did, at the same time, change to agency pricing. Apple was able to sell their books, and Amazon was forced to raise the price of books they sold, often from $9.99 to $12.99 or $14.99.

Apple responded that all they did was negotiate with individual publishers for terms that they felt would allow them to sell their books. They were in no way encouraging a concerted action on the publishers' part, said Apple. Judge Denise Cote looked at the evidence, including comments attributed to late Apple CEO Steve Jobs in his biography, and concluded otherwise.

In her decision, Judge Cote wrote that the publishers were already seeking a way to collectively raise prices, as they knew Amazon could effectively retaliate against the first who tried. When approached by Apple, all parties immediately recognized a common interest in having higher prices. “Apple seized the moment and brilliantly played its hand,” she wrote. “With a full appreciation of each other’s interests, Apple and the Publisher Defendants agreed to work together to eliminate retail price competition in the e-book market and raise the price of e-books above $9.99.” Guilty as charged.

The publishers long ago threw in the towel and agreed to settle with the Department of Justice. They were assessed hefty fines, but the damage could have been much worse if they fought and lost. One reluctantly settling publisher noted the potential damages in a loss would put them out of business, too great a risk to continue the fight. By continuing to fight, Apple risks a large financial judgment, but with $150 billion in the bank, even the worst outcome will not materially harm their business. As a result, Apple immediately announced that it would fight on. They will take the case to the Court of Appeals, and if this is unsuccessful, they will have one more option – take it all the way to the Supreme Court. Most legal commentators do not believe the odds are in Apple's favor, but some believe they have a shot. The problem for Apple is cases are generally overturned because a higher court believes the lower court did not correctly apply the law. In this case, the dispute is not so much over the law as it is over the facts – did or did not Apple act as a “ringmaster” who led the five publishers to all take some action? Hoping a higher court will reach a different factual conclusion from the same evidence is a tougher challenge, but Apple is a company with the resources to take on even the toughest challenge.

Unrelated Addendum for those who read this far: Admittedly, this has nothing to do with books, but if you think Apple has legal problems with e-books, that is nothing compared to a lawsuit initiated by a buyer of an Apple computer from Tennessee. This customer has demanded that Apple sell its computers in “safe mode,” preset to block pornographic sites, along with paying him something in excess of $75,000. After a thorough description of the horrors pornography has inflicted on society, he tells his own sad tale. One day when he was trying to find Facebook, he accidentally hit two wrong keys. Here is what he typed, leaving the erroneous keys blank: f_c_book. We will leave it to your imagination what letters he accidentally typed besides the “a” and “e” of “face” in those two blanks. I can say that I checked out my keyboard, and discovered “a” is nowhere near “u,” and “e” is nowhere near “k.”

After that, it was all downhill. The complaint states, “The Plaintiff began to prefer the cyber beauties over his wife, which caused his marriage to fail. His wife abducted his son and disappeared, which was a subsequent consequence of Apple's decision to sell its computers not in 'safe mode.'” The complaint continues that the plaintiff, a member of the always chaste music profession, had previously “never seen pornographic images.”

The Tennessean goes on to explain, “When the Plaintiff bought his Apple Mac Book, no one at apple's store warned him that looking at pornographic images and videos could cause addictions to include arousal addiction or that the device could be the gateway to accessing content that could cause a rewiring of his brain, which lead to the demise of his family, unemployment, and unwanted changes in life style.” On this point I am in his corner. I have been to Apple stores and the salesmen absolutely do not make this warning. I must also agree with his claim that Apple knows full well “that the internet is loaded with porn.”

He later claims that the pictures “caused a release of dopamines and endorphins” which addicted him. On this one I will pass – not all that up on the science stuff. Neither would I pose as a legal expert. Nevertheless, I think this will be a tough case for the plaintiff to win. Sometimes you just have to take responsibility for your own behavior. You lose some but you win some, and on this case, I forecast an Apple victory in court.

Rare Book Monthly

  • <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [SUPREME COURT JUSTICES]. A very extensive collection of 203 letters, documents and signatures. A COMPLETE COLLECTION OF THE SUPREME COURT JUSTICES, JOHN JAY THROUGH WILLIAM REHNQUIST. $20,000 to $30,000.
    <b>Hindman Auctions, Jun. 23:</b> ZATTA, Antonio. <i>Atlante Novissimo.</i> Venice: Antonio Zatta, 1775-1785. ONE OF THE FINEST WORLD ATLASES issued in Italy in the 18th century. $15,000 to $20,000.
    <b>Hindman Auctions, Jun. 23:</b> [CHICAGO HISTORY] -- [COLUMBUS, Christopher]. Monumental historiated and embroidered panel of the MADE FOR THE 1893 COLUMBIAN EXHIBITION IN CHICAGO. $12,000 to $18,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MONASTERY HILL BINDING]. AINSWORTH, William Harrison. <i>Historical Romances.</i> Philadelphia, n.d. A fine early exhibition binding by the Monastery Hill Bindery. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> [ABSTRACT EXPRESSIONISM]. New York: Tiber Press, [1960]. 4 volumes. LIMITED EDITION, number 119 of 200 COPIES, EACH SIGNED BY THE POET AND ARTIST. $6,000 to $8,000.
    <b>Hindman Auctions, Jun. 23:</b> GRATIANUS, the Canonist. <i>Decretum.</i> Venedig: Petrus de Plasiis, 25 January 1483. Second quarto edition. FIRST PAGE ILLUMINATED BY A CONTEMPORARY ARTIST. $4,000 to $6,000.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [ABOLITIONISTS]. <i>William Lloyd Garrison. The Story of his Life.</i> New York, 1885. ORIGINAL DOCUMENTS FROM SEVERAL NOTABLE ABOLITIONISTS neatly bound in throughout. $4,000 to $6,000.
    <b>Hindman Auctions, Jun. 23:</b> ANSON, George. <i>A Voyage round the World, In the Years 1740... 1744.</i> London: John and Paul Knapton for the author, 1748. FIRST EDITION. $3,000 to $4,000.
    <b>Hindman Auctions, Jun. 23:</b> Blank railroad ledger, "Compagnie des Chemins de fer de l'Ouest" (spine title). N.p., 1909. A MONUMENTAL 20th-CENTURY ART NOUVEAU BINDING. $1,000 to $1,500.
    <center><b>Hindman Auctions<br>Fine Books and Manuscripts<br>Including Americana<br>Live and Online<br>June 23, 2020</b>
    <b>Hindman Auctions, Jun. 23:</b> [MINIATURE ROOM] -- [FLEMING, John (1910-1987)]. Miniature of his 57th Street Library and Gallery. JOHN F. FLEMING'S BARONIAL 57TH STREET GALLERY. $1,500 to $2,500.
    <b>Hindman Auctions, Jun. 23:</b> [SANGORSKI & SUTCLIFFE BINDING]. CHESTERTON, G.K. <i>Five Types: A Book of Essays.</i> London, 1910. LIMITED EDITION, number 3 of 30 copies on vellum SIGNED BY GEORGE SUTCLIFFE. $400 to $500.
    <b>Hindman Auctions, Jun. 23:</b> [KELMSCOTT PRESS]. <i>When Adam Delved and Eve Span....</i> [Ancoats Brotherhood, 1894-5]. LIMITED EDITION, one of 250 copies printed. $500 to $700.
  • <b>Swann Auction Galleries:</b> Abraham Lincoln, Emancipation Proclamation by the President of the United States, pamphlet, 1862. Sold May 7 for $11,875.
    <b>Swann Auction Galleries:</b> Family papers of the distinguished Ruby-Jackson family, Portland, Maine, 1853-1961. Sold May 7 for $4,000.
    <b>Swann Auction Galleries:</b> E. Simms Campbell, A Night-Club Map of Harlem, in inaugural issue of Manhattan, 1933. Sold May 7 for $27,500.
    <b>Swann Auction Galleries:</b> Papers of the comedian Nipsey Russell, including a letter from MLK, 1929-2000. Sold May 7 for $17,500.
    <b>Swann Auction Galleries:</b> Edmonia Lewis, prominent sculptor, carte-de-visite by Henry Rocher, c. 1866-71. Sold May 7 for $5,250.
    <b>Swann Auction Galleries:</b> The Black Panther: Black Community News Service, 44 issues, San Francisco, 1967-1971. Sold May 7 for $6,500.
    <b>Swann Auction Galleries:</b> Ernest Withers, I Am A Man, Sanitation Workers Strike, silver print, 1968. Sold May 7 for $5,000.
    <b>Swann Auction Galleries:</b> March For Freedom Now!, poster for a protest on the 1960 Republican Convention. Sold May 7 for $17,500.
  • <b>Old World Auctions (June 3-10):</b><br> Lot 3. Ritter's fascinating sundial world map (1610). $11500 to $13000
    <b>Old World Auctions (June 3-10):</b><br> Lot 590. Ruscelli's complete, third edition atlas (1574). $8000 to $10000
    <b>Old World Auctions (June 3-10):</b><br> Lot 184. Superb pictorial map of Manhattan (1953). $700 to $850
    <b>Old World Auctions (June 3-10):</b><br> Lot 5. Visscher's superb world map in contemporary color (1658). $5500 to $6500
    <b>Old World Auctions (June 3-10):</b><br> Lot 48. Sanson's highly desirable atlas of the Americas with 15 maps (1699). $5500 to $6500
    <b>Old World Auctions (June 3-10):</b><br> Lot 292. Very rare zoomorphic map of Europe during WWII (1939). $1800 to $2100
    <b>Old World Auctions (June 3-10):</b><br> Lot 89. Rare map of the new United States prior to signing of the Treaty of Paris (1783). $3000 to $4000
    <b>Old World Auctions (June 3-10):</b><br> Lot 597. Manuscript geography book with 9 maps and colorful commentary (1834). $1500 to $2500
    <b>Old World Auctions (June 3-10):</b><br> Lot 588. Land grant signed by Confederate General John Buchanan Floyd (1851). $350 to $425
    <b>Old World Auctions (June 3-10):</b><br> Lot 593. First printed atlas to contain a separate map of Texas (1835). $2500 to $3250
    <b>Old World Auctions (June 3-10):</b><br> Lot 297. Charming Beatles map of Liverpool (1974). $475 to $600
    <b>Old World Auctions (June 3-10):</b><br> Lot 591. Miniature atlas with 82 maps based on Duval (1678). $5500 to $6500
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Newton (Sir Isaac). <i>Opticks…,</i> first edition, presentation copy to Nicolas Fatio de Duillier and with his ink and pencil annotations. £300,000 to £400,000.
    <b>Forum Auctions, Jun. 9:</b> Aliotti (Girolamo). <i>Gratulatio ad Pium II pro foelici, ac secundo ex Mantuana peregrinatione reditu…,</i> illuminated manuscript on fine vellum, in Latin, Florence, 1460. £50,000 to £70,000.
    <b>Forum Auctions, Jun. 9:</b> Sangorski (Alberto).- Keats (John). <i>La Belle Dame sans Merci...,</i> illuminated manuscript on vellum, magnificently bound in morocco elaborately tooled in gilt & inlaid with 137 jewels, 1928. £40,000 to £60,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Miniature Book.- Taylor (John). <i>Verbum sempiternum [&] Salvator mundi,</i> 2 parts in 1, contemporary embroidered dos a dos binding, 1614. £20,000 to £30,000.
    <b>Forum Auctions, Jun. 9:</b> Bodoni.- Rossi (Giovanni Gherado de). <i>Scherzi Poetici e Pittorici,</i> with original gouache drawings bound in, Neoclassical red straight-grain morocco, gilt, Parma, Bodoni, 1795. £15,000 to £20,000.
    <b>Forum Auctions, Jun. 9:</b> Palladio (Andrea). <i>I Quattro Libri dell'Architettura,</i> first edition, Venice, Domenico de' Franceschi, 1570. £14,000 to £18,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Voyages.- Lowther (Rear Admiral Marcus, 1820-1908). An album of 166 original watercolours and drawings made on voyages between 1842 and 1853. £10,000 to £15,000.
    <b>Forum Auctions, Jun. 9:</b> Darwin (Charles). <i>On the Origin of Species by means of Natural Selection,</i> third edition (seventh thousand), presentation copy to Robert Colgate, John Murray, 1861. £10,000 to £15,000.
    <b>Forum Auctions, Jun. 9:</b> Jane Austen's Family - ?C[ooper] (E[dward], married Jane Leigh (1736-83), sister of Cassandra Leigh (1739-1827), married George Austen (1731-1805), parents of Jane Austen. Miscellanies, poems dated btwn. 1750-88.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. June 9, 2020</b>
    <b>Forum Auctions, Jun. 9:</b> Americas.- Herrera y Tordesillas (Antonio). <i>Novus orbis, sive descriptio Indiae occidentalis,</i> 4 parts in 1 vol., Amsterdam, Colijn, 1622. £6,000 to £8,000.
    <b>Forum Auctions, Jun. 9:</b> Canada.- Baker (Lt. Col. Sir Edward). An Eye Sketch of the Fall of Niagara, [c. 1795.] £5,000 to £7,000.
    <b>Forum Auctions, Jun. 9:</b> Dance.- Caroso (Fabrizio). <i>Il Ballarino,</i> first edition, Venice, Francesco Ziletti, 1581. £5,000 to £7,000.

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