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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Political video has come full circle in Obama and Clinton’s mockumentary-style films

Political campaign videos are increasingly mimicking the specific styles of filmmaking created to mock them.

This week, Hillary Clinton released a campaign video featuring Barack Obama, in an attempt to persuade her supporters to vote early. It revolved around Obama’s self-professed earliness. “I’m always early,” he tells us, cheerily. Aides chip in to explain this irritating habit, which becomes progressively more exaggerated, his approach to timing absurd. “You know how you beat LeBron James one-on-one? Get there 45 minutes early. Then it’s one-on-none.” A former staffer sighs. “You try telling the President of the United States there’s no such thing as a one-on-none.”

This is an instantly recognisable mockumentary style – deliberately shakey camerawork, complete with lots of zooming in and out, as absurd corporate behaviour is interspersed with incredulous talking heads and voiceover. It has its roots in the Office UK, taking the States by storm with The Office US, 30 Rock and Modern Family, and developing a political subgenre in The Thick of It, In the Loop and, most recently, Parks and Recreation. (Vague comparisons between Clinton and Poehler’s Leslie Knope abound.)

The content, too, seems familiar – a politician talks to camera about a personality quirk that is broadly a strength for someone in government, but exaggerates it to create a geeky, optimistic goofball, and a pretty likeable character. Take Leslie Knope on never smoking weed:

In terms of style and content, they’re fairly indistinguishable. And this not the only Clinton campaign video influenced by mockumentary and comedy tropes . In March, the Clinton campaigned released a “mean tweets” video with Senator Al Franken in the style of a Jimmy Kimmel Live talking head. Three days ago, a video campaign starring “Fake Lawyer” Josh Charles, an actor on The Good Wife, was released. It borrows heavily from mockumentary styles as well as self-mocking celebrity cameos in advertising. Even some non-comic videos, like this lighthearted one about Clinton’s granddaughter, have the exaggerated camerawork of the genre.

Of course, we can trace these campaign videos back to Obama again. His campaigns have always been heavily video based, and he’s taken the piss out of himself for Buzzfeed to promote campaigns. But the White House’s official channels are also in on the joke. In 2013, they released a mockumentary starring Steven Spielberg and 30 Rock’s Tracey Morgan, in which Obama plays Daniel Day Lewis playing Obama.

Earlier this year, the channel released another mini mockumentary, featuring Obama preparing for the end of his time as president. (The film even ridicules a less self-aware style of video – Obama posts a misjudged Snapchat about Obamacare, and asks “Did it get a lot of views at least?”)

A politician whose ideal evening consists of children’s movie marathons with colleagues? Where have we seen that before? Yes, political video has come full circle. Personally, I’m waiting on the Hillary Clinton break dancing clip

Anna Leszkiewicz is a pop culture writer at the New Statesman.