However, in an advance of the meeting, both sides have submitted new filings in the case. The Department of Justice said Apple and Publishers have “banded together once again,” arguing for stricter regulation. Apple argued a stay (suspend and proceedings). The five settling publishers argued that the proposed DOJ punishment would hurt them as well since it requires them to allow Apple to discount their ebooks for five years.
Apple also argued that Google and Amazon witnesses were not credible.
Judge Denise Cote, who is overseeing the case, had asked Apple for a list of evidence that it believes was “improperly admitted, excluded, or disregarded” before or during the trial. Apple submitted that list (PDF); most of the items on it involve testimony that was excluded or disregarded. Apple also says that the court “disregarded serious credibility issues with the Google and Amazon witnesses” and argues that more evidence on Amazon’s internal business workings was needed — including “evidence of Amazon’s pricing algorithms.”
E-Book company Kobo and Washington, DC lobbying firm Consumer Federation of America both requested permission to file amicus curiae in support of the government.