Attorney files brief defending Apple as a five-page comic

Watchmen it ain't, but the brief condenses complex arguments admirably.

The anti-trust case against Apple, Macmillan and Penguin, all accused of conspiring to fix ebook prices, thunders on, but one part of it is shortly to come to a close. Three of the originally accused publishers – HarperCollins, Hachette and Simon & Schuster – agreed to settle with the Department of Justice in April this year, and that settlement is finally coming through.

The DoJ's proposed settlement would require the co-operating publishers to end their existing agreements with Apple, and would also block them from using agency pricing for two years. Agency pricing is the retail model, at the heart of the case, by which publishers set the price of their books and the retailer (in this case, Apple) takes a percentage of that. The DoJ alleges that this model, which stands in opposition to Amazon's method of paying a flat price per book and setting the price themselves, is the result of an anticompetitive cartel aimed at raising prices of ebooks.

Although three of the five publishers have agreed to settle, there are calls from a number of parties to block that settlement. Apple has argued that it's unfair if it goes through before the actual trial begins, in June 2013, and over 800 public comments were filed requesting that the Justice Department modify the settlement.

As a result, the District Court allowed two of the opposing parties to file amici curiae (friends of the court) briefs. The Authors Guild and Bob Kohn, a well known attorney who specialises in intellectual property, were deemed to be interested third parties, as were Barnes & Noble and the American Booksellers Association, who had previously been given permission.

The Authors Guild filed their five page brief on 15 August, but Bob Kohn's original attempt was rejected by Judge Denise Cote for being too long, and she gave him until yesterday to file a five page version.

How can one get a complex legal argument across in just five pages? The New York Times' Julie Bosman reveals Kohn's plan:

“I thought of the idea of using pictures which, as we know, paint a thousand words,” Mr. Kohn said in an e-mail.

He called his daughter, Katie, who is studying for her Ph.D in film studies at Harvard, who connected him with a fellow student, Julia Alekseyeva. After conferring with Ms. Alekseyeva, Mr. Kohn wrote the script and she drew the illustrations. (Judge Cote and Mr. Kohn play a role in the fictional narrative.)

The full strip – plus a page of footnotes, which all the best comics have – is embedded below, via paidContent.

Six panels from Kohn's comic.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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What Labour MPs who want to elect the shadow cabinet are forgetting

The idea is to push Jeremy Corbyn to build an ideologically broad team, but it distracts from the real hurdle – management.

Labour MPs who have been critical of Jeremy Corbyn are pushing to vote for shadow cabinet members – rather than having all the posts appointed by the leader.

Most of the parliamentary Labour party who are not Corbyn loyalists believe this should be the “olive branch” he offers them, in order to put his recent words about “unity” and “wiping the slate clean” into action.

Corbyn and his allies have refused to consider such an idea outside of a “wider” democratisation of the party – saying that Labour members should also get a say in who’s on the frontbench. It’s also thought Corbyn is reluctant due to the shadow cabinet having three representatives on the National Executive Committee. He wouldn’t want his opponents voting for those, tipping the balance of the Committee back towards centrists.

Shadow cabinet elections were a longstanding convention for Labour in opposition until Ed Miliband urged the party to vote against them in 2011. Labour MPs on different wings of the party believe a return to the system would avoid Labour’s frontbench being populated solely by Corbyn’s ideological wing.

But there is a complication here (aside from the idea of a party leader having to run an effective opposition with their opponents in key shadow cabinet positions).

Proponents of shadow cabinet elections say they would help to make Labour a broad church. But really they could put those in the “make-it-work” camp who initially helped form Corbyn’s team in a difficult position. Initially conciliatory MPs like Thangam Debonnaire and Heidi Alexander have since left their posts, revealing frustration more at Corbyn’s management style than policy direction. Chi Onwurah MP, who remains a shadow minister, has also expressed such concerns.

One senior Labour MP points out that the problem with shadow cabinet elections lies in those who left Corbyn’s shadow cabinet but had wanted to cooperate – not in bringing ideological opponents into the fold.

“There were lots of people on his team who actually liked Jeremy, and wanted to make policy with him,” they tell me. “And many of them eventually felt they had to leave because of how difficult it was to work with him. They wanted to stay but couldn’t. If people like that couldn’t stay, will they go back? It will be much harder for him to show them he can work differently.”

One of the “make-it-work” faction voices their concern about returning to the shadow cabinet via elections for this reason. “A lot of us [who left] are still really interested in our policy areas and would be happy to help if they asked,” they say. “But it was too difficult to be taken seriously when you were actually in those shadow cabinet meetings.”

My source describes a non-collegiate approach in meetings around the shadow cabinet table, where Corbyn would read out pre-written opening statements and responses when they delivered their ideas. “It was like he wasn’t really listening.”

The plan to reintroduce shadow cabinet elections barely left the ground in a meeting of Labour’s National Executive Committee on Saturday night, on the eve of Labour conference.

This is in spite of Labour MPs urging the NEC to make a decision on the matter soon. Jon Ashworth, an NEC member and shadow minister, told me shortly after Corbyn’s victory speech that this would be “a good way of bringing people back” in to the team, and was determined to “get some resolution on the issue” soon.

It doesn’t look like we’ll get that yet. But for some who have already tried serving on the frontbench, it’s a distraction from what is for them a management – rather than an ideological – problem.

Anoosh Chakelian is deputy web editor at the New Statesman.