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.

Photo: Getty Images/Christopher Furlong
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A dozen defeated parliamentary candidates back Caroline Flint for deputy

Supporters of all the leadership candidates have rallied around Caroline Flint's bid to be deputy leader.

Twelve former parliamentary candidates have backed Caroline Flint's bid to become deputy leader in an open letter to the New Statesman. Dubbing the Don Valley MP a "fantastic campaigner", they explain that why despite backing different candidates for the leadership, they "are united in supporting Caroline Flint to be Labour's next deputy leader", who they describe as a "brilliant communicator and creative policy maker". 

Flint welcomed the endorsement, saying: "our candidates know better than most what it takes to win the sort of seats Labour must gain in order to win a general election, so I'm delighted to have their support.". She urged Labour to rebuild "not by lookin to the past, but by learning from the past", saying that "we must rediscover Labour's voice, especially in communities wher we do not have a Labour MP:".

The Flint campaign will hope that the endorsement provides a boost as the campaign enters its final days.

The full letter is below:

There is no route to Downing Street that does not run through the seats we fought for Labour at the General Election.

"We need a new leadership team that can win back Labour's lost voters.

Although we are backing different candidates to be Leader, we are united in supporting Caroline Flint to be Labour's next deputy leader.

Not only is Caroline a fantastic campaigner, who toured the country supporting Labour's candidates, she's also a brilliant communicator and creative policy maker, which is exactly what we need in our next deputy leader.

If Labour is to win the next election, it is vital that we pick a leadership team that doesn't just appeal to Labour Party members, but is capable of winning the General Election. Caroline Flint is our best hope of beating the Tories.

We urge Labour Party members and supporters to unite behind Caroline Flint and begin the process of rebuilding to win in 2020.

Jessica Asato (Norwich North), Will Straw (Rossendale and Darween), Nick Bent (Warrington South), Mike Le Surf (South Basildon and East Thurrock), Tris Osborne (Chatham and Aylesford), Victoria Groulef (Reading West), Jamie Hanley (Pudsey), Kevin McKeever (Northampton South), Joy Squires (Worcester), Paul Clark (Gillingham and Rainham), Patrick Hall (Bedford) and Mary Wimbury (Aberconwy)

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.