A Thoughtful Brief on the DOJ case against Apple.
Attorney Bob Kohn has filed a brief on DOJ's case against Apple and the publishers, where he dismantles the DOJ case in its entirety.
In short, he makes the point that the DOJ made mistakes as follows:
1. Mistaking ebooks for material goods. Ebooks, like music, is public goods. Buying one does not reduce the existing quantity of that particular goods by one. The supply is basically infinite and different rules apply for such goods.
2. Predatory pricing practices from Amazon changes the legal picture somewhat and the DOJ completely ignored that aspect.
3. The public is best served by efficient prices... not simply artificial low prices.
4. The e-book market does not exist in vaccuum. They are interconnected with, most notably, the e-reader market.
Overall the brief makes for a fascinating read, but the article from paidcontent.org is a good summary.