Apple had no knowledge that publishers were engaged in a conspiracy in December 2009 or at any other point, the company said in its appeal against a district court ruling which found Apple and five major U.S. publishers had conspired to fix ebook prices.
The district court?s findings show that Apple offered a retail business model to the publishers that was in the company?s independent business interests ?and was attractive to the publishers, who were frustrated with Amazon,? Apple said in a filing Tuesday in the U.S. Court of Appeals for the Second Circuit.
?It was not unlawful for Apple to take advantage of retail market discord by using lawful agency agreements to enter the market and compete with Amazon,? Apple said in the filing. The discord over Amazon.com?s ebook pricing had reached the point where some publishers had by September 2009 begun delaying some ebook versions of new releases, a practice known as ?windowing.?
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