Feeds

Apple badmouthing of court's monitor proves it NEEDS him - judge

You like him, don't you?

High performance access to file storage

Apple's objections to its court-appointed antitrust monitor show exactly why the fruity firm needs an outsider keeping watch on its competition practices, the judge in the case has said.

US District Judge Denise Cote released a full opinion on why Apple needs the monitor after deciding on Tuesday to reject the company's bid to get rid of him. The monitor was imposed on the company after it was found guilty of conspiring to fix the price of ebooks last year.

"While Apple would prefer to have no monitor, it has failed to show that it is in the public interest to stop his work," Cote said. "If anything, Apple's reaction to the existence of a monitorship underscores the wisdom of its imposition."

Apple was trying to get the court-appointed Michael Bromwich out of the job, complaining that he was overstepping the mark by looking to do a deep investigation of the firm – and charging the company too much.

Cupertino claimed that Bromwich was asking for interviews of top executives, which it said was interfering with its ability to manage its business. But Cote dismissed the firm's complaints.

"Over three months, Apple has permitted the monitor to conduct thirteen hours of interviews spread across two visits to California. Seven of the eleven people interviewed have been lawyers. The monitor has also been provided with 303 pages of documents," she said. "If this limited amount of access constitutes “irreparable harm” to Apple then the standard for irreparable harm is low indeed."

Cote also dismissed claims that by defending his position to the court, Bromwich had shown that he wasn't an unbiased monitor.

"It would be surprising if a party subject to a monitor could escape the monitorship by launching a cascade of attacks on the monitor and then disqualify the monitor for responding," she pointed out.

On the fee dispute, she said Apple needed to go through normal dispute resolution channels and repeated that the Department of Justice had already said it was willing to negotiate on Bromwich's hourly rate.

Cote has given Apple until next Tuesday to appeal her decision. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.