J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 100

REPLY AFFIDAVIT of Todd Anten in Support re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chattoraj, Partha)

EXHIBIT B

Page 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------X
JT COLBY AND COMPANY, INC., D/B/A
BRICK TOWER PRESS, J. BOYLESTON AND
COMPANY PUBLISHERS, LLC, AND
IPICTUREBOOKS, LLC,
Plaintiffs,
-against-

Index No.
11-CV-4060(DLC)

APPLE, INC.,
Defendant.
-------------------------------------X

VIDEOTAPED DEPOSITION OF
MIKE SHATZKIN
New York, New York
December 4, 2012, 9:35 a.m.

Reported By:
Nicole Sesta
Ref: 8575

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JURAT

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STATE OF NEW YORK

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6

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COUNTY OF New l..(on.rc....l

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I, MIKE SHATZKIN, hereby certify that I

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have read the transcript of my testimony taken

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under oath in my deposition of December 4, 2012;

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that the transcript is a true and complete

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record of my testimony, and that the answers on

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the record as given by me are true and correct.

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MIKE SHATZKIN

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Signed and subscribed to before me this

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, 2012.

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VIJAY SEEMANGAL
Notary Public - State of New York
NO. 01SE6165227
Qualified in Queens County

My Commission Expires

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M. Shatzkin

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a lot of opinions and so whether there's an

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opinion that -- whether I can conjure up several

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more opinions if I look at that again, probably

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I could.

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Q

Looking at page six of your report

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in the second paragraph you say in the second

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line, "That is not true in publishing where

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almost no money is spent or has been spent

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creating consumer awareness in recognition of

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brands."

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A

Uh-huh.

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Q

What is your basis of that

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Do you see that?

statement?

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MR. RASKOPF:

Objection.

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A

50 years in business.

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Q

Is your testimony that publishers

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do not spend any money creating consumer

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awareness?

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MR. RASKOPF:

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the form of the question.

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A

Objection to

No, it is my contention that

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publishers spend no money creating consumer

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awareness of brands.

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creating consumer awareness of titles they're

Publishers spend money

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M. Shatzkin

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publishing, of content, not of the names of

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brands.

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Q

Is it your understanding that

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publishers do not promote individual imprints or

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brands?

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MR. RASKOPF:

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the form of the question.

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answer.

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A

Objection to
You may

Unless the imprint or brand has an

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audience centric component like Dummies the

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answer is yes, it is my understanding that they

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never do.

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Q

But there might be some publishers

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for whom there is an audience centric component,

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correct?

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MR. RASKOPF:

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Objection to

the form.
A

Even -- yes, and even when that is

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true, such as Harlequin, we don't often find

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Harlequin pushing the name Harlequin.

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don't need to do it.

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books with Harlequin's name on them.

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Q

They

They do it by publishing

I think you said that you have not

visited Harlequin's web site, correct?

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M. Shatzkin

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the same as it was in the first report, which is

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that he is obviously an intelligent man with a

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strong command of conventional wisdom and

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knowledge about branding.

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outside publishing coming into publishing and

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failing to understand it for 50 years.

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9

I've seen people from

In the 1960s it was IT & T
acquiring a publishing house and making fools of

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themselves and RCA acquiring Random House and

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not knowing what to do with it.

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theme that has played out for years and years

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and years that people who are experts -- Borders

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killed themselves because they started in 1999

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hiring management that knew how to run pet

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stores and knew how to run all kinds of things

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but didn't know anything about books.

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It's a common

It's not only a common thing that

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experts in other fields fail to understand

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publishing, the failures are generally of a

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category which is they don't get the granularity

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of it.

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get.

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Schuster, there's six major companies and they

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can't even establish a brand.

That's exactly what Carpenter failed to
He looked at Random House, Simon &

So how is a

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M. Shatzkin

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little guy going to establish a brand.

Well,

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we're not trying to establish a brand with the

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universe.

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to establish a brand with science fiction

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readers.

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the people in the country or nine percent of the

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people in the country, but it's not 50 percent

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of the people in the country.

Science fiction publishers just want

I don't know if it's four percent of

You're not going

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to get the kind of brand recognition that you

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get from Pepsi Cola or the New York Yankees out

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of a publishing shopper.

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targeted thing.

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It's a much more

Publishing companies, the big

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ones, are built on a very, very wide assembly of

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audiences which each and each book is a separate

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project to build a market for it.

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coming into publishing from the outside just

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their jaw drops.

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cope with it.

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most part.

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Carpenter didn't from his view of the publishing

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business say these guys are nuts.

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Anybody

They don't really know how to

It looks crazy to them for the

I'd be surprised if Professor

But that's, as I say, this is not
a failure of understanding that is unique to him

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