Apple has denied this, stating that while it wanted the agency model for its own store, it was “indifferent” – a word it has used on the stand twice – to the arrangements publishers had with other retailers. The DOJ has now entered into evidence Exhibit 55, an email from Steve Jobs to Eddy Cue which appears to directly contradict this claim …
Apple claims the email was never sent, but Keith Moerer, head of Apple’s iBookstore, was forced to agree that the email was not consistent with its claimed indifference. The DOJ had already presented a previous email from Steve Jobs, suggesting that adopting the agency model would result in higher prices.
Eddy Cue is due to take the stand tomorrow.
