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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Nigel Farage's exclusive Brexit plan has just been revealed and it's very telling

The panic is over.

If, a week on from Brexit, you're staring at the bottom of your gin bottle and wondering whether you'll ever afford to go on holiday again, then stop worrying. 

There's a plan.

Social media users have been sharing a link to an exclusive reveal of Nigel Farage's plan for the UK departure from the EU. Users are invited to: "View The Brexit Plan that was but together by the Vote Leave campaign, UKIP and Nigel Farage.

Here it is.

Highlighted policy topics include hot potatoes like UK access to the single market, international trade agreements and the rights of EU nationals working in the UK. You just have to click on the red button.

 

Oh. 

It seems the plan might be permanently out of reach. 

Every time you try to click on the red button with your mouse, you'll discover that it leaps away to another part of the page. So far, we haven't heard of anyone who has managed to catch the elusive button and discover the details of the brilliant plan. 

Other plans that have not been very easy to click on this week include: Boris Johnson's plan to be Prime Minister, Jeremy Corbyn's plan to lead a unified Labour opposition and David Cameron's plan to win the EU referendum in the first place.

As it turns out, a week after Brexit we are still waiting for a definitive plan. In the meantime, you can read: