• <b>Mayfair Book Auctions, July 16:</b><br>Lot 1. Albertus Magnus, De Natura Locorum, 2nd edn, 1515. £3000 to £4000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 22. George Cooke, Scenery of the East India Islands, 1811-13. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 23. J.M. Crozet, Nouveau vouage a la Mer du Sud, 1st edn, 1783. £4000 to £6000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 27. J.P.J.Du Bois, Vies des Gouverneurs Generaux, 1st edn, 1763. £1200 to £1800.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 28. Wm Ellis, Authentic Narrative...Captain Cook, 1st edn, 1782. £2500 to £3500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 31. Thomas Forrest, Voyage to New Guinea, 1st edn, 1779. £1500 to £2000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 32. Forster & Forster, Voyage round the World, 1st edn, 1777-78. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 38. Gianetti, Elogy of Captain James Cook, 1st edn, 1785. £2500 to £3500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 46. Otto von Kotzebue, Entdeckungs Reise, 1st edn, 1821. £3500 to £4500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 52. Alejandro Malaspina, Viaje politico-scientifico, 1st edn, 1885. £2000 to £3000.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 60. Sydney Parkinson, Journal of Voyage to the South Seas, large paper, 1773. £4500 to £5500.
    <b>Mayfair Book Auctions, July 16:</b><br>Lot 64. Nathaniel Portlock, A Voyage round the World, 1st edn, 1789. £4000 to £6000.
  • <center><b>Sotheby’s<br>The Collection of a Connoisseur:<br>History in Manuscript<br>Online Auction 8-15 July
    <b>Sotheby’s:</b> Elizabeth I. Early letter signed, to Edward North, First Baron North 1560. £12,000 to £18,000.
    <b>Sotheby’s:</b> Catherine II. Empress of Russia Letter signed to Prince Grigori Aleksandrovich [Potemkin] 1784. £2,000 to £3,000.
    <b>Sotheby’s:</b> Nelson. Autograph letter signed, to Captains of Egyptian Club, 3 August 1798. £12,000 to £18,000,
    <center><b>Sotheby’s<br>The Collection of a Connoisseur:<br>History in Manuscript<br>Online Auction 8-15 July
    <b>Sotheby’s:</b> Charles Darwin. Photograph signed, c.1871 by Oscar Gustave Rejlander. £6,000 to £8,000.
    <b>Sotheby’s:</b> T.E. Lawrence. Autograph letter signed, to Major Littleton, 14 October 1918. £10,000 to £15,000.
    <b>Sotheby’s:</b> Napoleon. Letter signed, ordering General Desaix to sail to Malta, prior to the Egyptian Expedition, 1798. £2,000 to £3,000.
  • <b>Swann Auction Galleries July 16:</b><br>N.C. Wyeth, <i>The Black Arrow,</i> oil on canvas, for the book by Robert Louis Stevenson, 1916. $150,000 to $250,000.
    <b>Swann Auction Galleries July 16:</b> Laurent de Brunhoff, mixed media color study for <i>Babar’s World Tour,</i> 2005. $10,000 to $15,000.
    <b>Swann Auction Galleries July 16:</b> Hilary Knight, <i>Eloise with Valentine,</i> watercolor, ink & pencil, 2015. $25,000 to $35,000.
    <b>Swann Auction Galleries July 16:</b> Howard Pyle, <i>It was a Comrade from His Own Regiment,</i> oil on canvas, for <i>Harper’s Monthly Magazine,</i> 1909. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Coby Whitmore, <i>‘Poor baby! You want me so much,’ she said,</i> acrylic, for <i>The Saturday Evening Post,</i> 1968. $6,000 to $9,000.
    <b>Swann Auction Galleries July 16:</b><br>Al Hirschfeld, <i>Charley’s Aunt,</i> pen & ink, for the Broadway revival, <i>The New York Times,</i> 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries July 16:</b><br>Erté, <i>Décor de Laideronnette,</i> gouache set design for third movement of <i>Mother Goose,</i> 1949. $5,000 to $7,500.
    <b>Swann Auction Galleries July 16:</b> Vince McIndoe, <i>Villainous Last Supper, DC Comics,</i> oil on canvas, 2016. $4,000 to $6,000.
    <b>Swann Auction Galleries July 16:</b> Arthur Getz, <i>Rooftop Party,</i> casein tempera, cover illustration for <i>The New Yorker,</i> 1970. $2,000 to $3,000.
  • <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> O'Fihely, Maurice Abp. <i>Questiones subtilissme Scoti in metaphysicam Aristotelis</i>, Venice (Octavianus Scoti) 20th November 1497. 8,000 to 12,000 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Pococke (Richard). <i>A Description of the East and some other Countries,</i> 3 vols. in 2, L. (W. Bowyer) 1743. 2,250 to 3,500 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Keogh (John). <i>Botanalogia Universalis Hibernica, or A General Irish Herbal Calculated for this Kingdom, giving an account of the Herbs, Scrubs…</i>, Corke (George Harrison) 1735. 1,000 to 1,500 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Perry (Charles). <i>A View of the Levant particularly of Constantinople, Syria, Egypt and Greece,</i> L. (T. Woodward) 1743. 800 to 1,200 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Shaw (Thomas). <i>Travels, or Observations Relating to Several Parts of Barbary and the Levant,</i>, Oxford (The Theatre) 1738. 600 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (Nicholas) Bishop of Ferns] Attributed, <i>Recit Exact et Fidele de la Vente et Partage du Roiaume d'Irlande Fait Sous Charles II…,</i> Milan (Chez Charles Joseph Quinto) 1724. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> [French (V. Rev.Dr. Nicholas, Bp of Ferns.)] <i>The Unkinde Desertor of Loyall Men and True Frinds,</i> 12mo, n.p. 1676. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Yeats (W.B.) <i>Plays and Controversies,</i>, N.Y. (The MacMillan Company) 1924, Signed Limited Edn. 500 to 700 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Barrie (J.M.) & Thomson (Hugh) illus. <i>Quality Street, a Comedy in Four Acts,</i> L. (Hodder and Stoughton) 1901, Limited Edition, signed by the artist. 500 to 700 €
    <center><b>Fonsie Mealy Auctioneers<br>The Collectors’ Sale<br>July 7 – 15, 2020</b>
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Molyneaux (William). <i>The Case of Ireland's being bound by Acts of Parliament in England Stated,</i> [London 1719]. 200 to 300 €
    <b>Fonsie Mealy, Jul. 7 – 15:</b> Johnston's (W. & A.) Map of South Africa, to illustrate the Military Operations 1900. 100 to 150 €

Rare Book Monthly

Articles - August - 2015 Issue

Apple Loses Its Legal Appeal (No Pun Intended) – Will Pay Ebook Buyers $450 Million

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Apple has lost its appeal.

Apple Inc., the computer/iPhone maker that is now the world's most valuable company, lost its appeal of a lower court ruling that it had engaged in price fixing of electronic books with five publishers. The result means that Apple will be distributing $450 million to purchasers of ebooks who paid more for their books because of the agreement between Apple and the publishers. In accordance with an earlier compromise between Apple and the plaintiffs (the U.S. Government and numerous states), Apple has agreed to pay this amount even if it decides to appeal the Appeals Court decision to the Supreme Court.

 

This case dates back to early 2010 when Apple, on the verge of releasing its newest device, the iPad, decided it wanted to go into the business of selling electronic books. The iPad was suitable to provide competition for Amazon's market leading Kindle e-reader. There was one problem. Amazon was selling ebooks for little mark-up, sometimes even at a loss. It wanted to sell its Kindles and wanted to dominate the ebook market before anyone could offer serious competition. While Apple wanted to provide competition, it did not want to lose money. Amazon built its business on thin margins, but not Apple. Apple wants to eat its cake and have it too, that is, come to dominate a market but still make large profits in the process. Amazingly, it is very good at doing both at the same time.

 

However, this time, the court determined, Apple stepped over the line. Apple and the publishers conducted numerous phone calls, and when all was said and done, the publishers revised their pricing schedule. Instead of charging a fixed wholesale price for their books, and letting retailers determine at what price they would resell them (even if for a loss), the publishers would set the price at which all retailers had to sell their ebooks. The retailers, in turn, would buy them at a wholesale price that would give them a fixed profit margin. The mandatory retail prices the publishers set were mostly higher than what Amazon had been charging. Ebooks Amazon sold for $9.95 would now mostly be priced at $12.95 or even $14.95.

 

Apple maintained it never conspired with the publishers to fix prices. It said it merely informed them what sort of pricing structure was necessary for them to enter the business. This is legal. What is not legal under antitrust law is for multiple companies to agree to set prices together. In this case, the lower court ruled that Apple had worked with the publishers together to set prices. The lower court even went so far as to conclude Apple was the ringleader in getting the publishers to agree to all change their pricing structure.

 

This was the claim that was appealed. Did Apple lead the publishers into setting new prices, or did they just tell them what they needed and the publishers, whether independently or in concert with each other, decided to set the new prices on their own? In looking at phone records and various statements made by company executives, the lower court concluded this was a conspiracy spearheaded by Apple. Now, the Appeals Court, on a 2-1 vote, has agreed.

 

Apple also argued that rather than being anti-competitive, the new arrangement opened the door to new competition. Previously, with Amazon's low to below-cost pricing, no one else could afford to enter the market. You almost had to buy your ebooks from Amazon. They controlled 90% of the market. Under the new pricing model, where Amazon could no longer use its power to viciously undercut competitors, lots of new ebook sellers entered the market. The Appeals Court quickly shot down the "benefit" of that type of competition:

 

"Plainly, competition is not served by permitting a market entrant to eliminate price competition as a condition of entry, and it is cold comfort to consumers that they gained a new ebook retailer at the expense of passing control over all ebook prices to a cartel of book publishers — publishers who, with Apple’s help, collectively agreed on a new pricing model precisely to raise the price of ebooks..."

 

After the verdict was announced, a spokesperson for Apple indicated they were considering their next step. They can appeal to the Supreme Court. The spokesperson indicated Apple wanted to put the case behind them, but reiterated that Apple had done no wrong and that there were principles involved. That is all that is left, because Apple had earlier agreed to pay the ebook buyers $450 million if they lost this appeal. Even if the Supreme Court finds Apple as pure as snow and overturns this decision, Apple will still have to pay the $450 million. The parties settled on this figure (about half of what plaintiffs wanted) to set a predetermined amount of damages to Apple in case of a loss, rather than letting the court pick a price which might be more or less, or giving Apple a chance to reverse the decision on further appeal. Exactly how this money will be broken out and paid remains to be determined. Based om an earlier settlement with the publishers, the time frame for purchases to qualify for refunds is likely to be April 1, 2010 – May 21, 2012.

 

One more thing – no need to cry for Apple. The company is worth over $700 billion. The $450 million is mere pocket change to Apple. On the day the judgment was announced, Apple's stock jumped almost $1, raising the company's value by another $5 billion.

Rare Book Monthly

  • <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Isaac Newton. <i>Philosophiae naturalis principia mathematica.</i> £280,000 to £350,000.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Two early editions: Fantaisie pour le Clavecin. £1,000 to £1,500.
    <b>Sotheby’s:</b> Mozart. Early edition, in parts, of the Concerto in A for piano and orchestra. £2,000 to £3,000.
    <center><b>Sotheby’s<br>Music, Continental Books and Medieval Manuscripts<br>Online Auction 7-14 July
    <b>Sotheby’s:</b> Beethoven. First edition, second issue of the Ninth Symphony op.125. £1,000 to £1,500.
    <b>Sotheby’s:</b> Cervantes. <i>Don Quixote,</i> Barcelona, 1617. £2,000 to £3,000.
    <b>Sotheby’s:</b> Johann Sebastian Bach. Three first and early editions of music for organ. £1,200 to £1,500.
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Ptolomaeus (Claudius). <i>Cosmographia,</i> first edition, Vicenza, Hermann Liechtenstein, 13 September 1475. £150,000 to £200,000.
    <b>Forum Auctions, July 16:</b> Schoener (Johann). <i>Opera mathematica,</i> 3 parts in 1, first edition,The Honeyman copy in contemporary binding, Nuremberg, J. Montanus and U. Neuber, 1551. £30,000 to £40,000.
    <b>Forum Auctions, July 16:</b> Lucian of Samosata. <i>Dialogoi, editio princeps,</i> with fine illuminated title-page, Florence, Lorenzo de Alopa, 1496. £20,000 to £30,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Pian (Jean Baptiste de). [Architectural Alphabet], 26 chromolithographs by Leopold Muller after Pian, Vienna, 1842-44. £15,000 to £20,000.
    <b>Forum Auctions, July 16:</b> Rogers (Bruce).- Holy Bible (The)..., one of 200 copies on handmade paper, designed by Bruce Rogers, bound in modern crimson morocco, gilt, Oxford, 1935. £10,000 to £15,000.
    <b>Forum Auctions, July 16:</b> Jenner (Edward). <i>An Inquiry into the Causes and Effects of the Variolae Vaccinae…,</i> first edition, Printed for the Author, by Sampson Low, 1798. £8,000 to £12,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> Voyages.- Cook (Capt. James).- Parkinson (Sydney). <i>A Journal of a Voyage to the South Seas, in his Majesty's Ship the Endeavour,</i> second edition, Charles Dilly...& James Phillips, 1784. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Clemens (Samuel Langhorne)] "Mark Twain". <i>Adventures of Huckleberry Finn,</i> first edition, first state, New York, Charles L. Webster and Company, 1885. £4,000 to £6,000.
    <b>Forum Auctions, July 16:</b> [Voight (Hans Henning)], "Alastair". Herod, for 'Salome: Drame en un Acte', original drawing in red & black ink over pencil, [c.1922]. £4,000 to £6,000.
    <center><b>Forum Auctions<br>Fine Books, Manuscripts<br>and Works on Paper<br>July 16, 2020</b>
    <b>Forum Auctions, July 16:</b> James (M.R.) <i>Ghost Stories of an Antiquary,</i> first edition, signed presentation inscription from the author to A.C. Benson, 1904. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Remarque (Erich Maria). <i>All Quiet on the Western Front,</i> first English edition, signed presentation inscription from the author, 1929. £3,000 to £4,000.
    <b>Forum Auctions, July 16:</b> Ashendene Press.- More (Sir Thomas). <i>A Fruteful and Pleasaunt Worke...Utopia,</i> one of 100 copies, bound in black goatskin by J.Franklin Mowery, Ashendene Press, 1906. £3,000 to £4,000.

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