J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
174
DECLARATION of Todd Anten in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(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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M. Shatzkin
2
So there were -- when I stopped working at Two
3
Continents, it was already true that lots of
4
small publishers were distributed by large
5
publishers.
6
the years where I would help them get more out
7
of their distributor because I had seen that
8
from both sides.
9
And I had a number of clients over
Then, in the last 20 years, it's
10
really been about digital change.
11
work has been around digital change.
12
exclusively.
13
pieces are digital change and the supply chain.
14
15
16
Q
A lot of my
Not
I'd say that the two biggest
When you say "digital change,"
what do you mean by that?
A
What I mean is that we are in the
17
midst of a transition from everything being read
18
on paper, just about, to everything being read
19
on screens, just about.
20
which we are no where near done with, royals the
21
publishing industry because it changes the
22
economics and it changes the value propositions.
23
And therefore, it presents a combination of
24
threats and opportunities to anybody who's in
25
the business.
And that transition,
And understanding those dynamics
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1
M. Shatzkin
2
and how they impact particular players or
3
particular propositions is what I think I've got
4
a reputation for doing well.
5
6
Q
Have you ever worked directly for
any publishers as a full-time employee?
7
A
No, except for Two Continents, no.
8
Q
You have worked for publishers as
9
a consultant, correct?
10
A
Oh, yes.
11
Q
What publishers have you worked
A
All of them, literally.
12
for?
13
Random
14
House, Simon & Schuster, Harper Collins,
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Hachette, Penguin.
16
big ones now, right.
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ones.
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retained by them or I've sold them projects or
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that is to say sold them books to publish.
I mean, I'm just naming the
Many small ones, foreign
I mean, in one way or another, I've been
20
I've interacted on a professional
21
basis with most of the significant publishers in
22
the English-speaking world.
23
24
25
Q
Have you ever done any work for
Harlequin?
A
I spoke at Harlequin's global
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Page 147
1
M. Shatzkin
2
has spawned companies that really don't have
3
much presence except on the internet because
4
it's a big enough market to support that.
5
That's well understood by people who are working
6
the digital revolution.
7
Q
In your report when you say which
8
have turned out to be of substantial interest on
9
the internet and sold well as ebooks, were you
10
talking about genre fiction generally or the
11
books published by iBooks in particular?
12
A
No, I was actually talking about
13
the genres in which they publish, not iBooks
14
itself.
15
how those books have sold on the internet,
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iBooks books particularly have sold on the
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internet.
18
I don't think I ever knew or do know
Q
Looking in the next line you say,
19
"Although the sales of iBooks overall were
20
modest (5,689, 950 units) with sales of science
21
fiction titles alone totally 1,944,314 units,"
22
do you see that?
23
A
Uh-huh.
24
Q
Looking at that and doing the
25
math, is it fair to say that 34 percent of the
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