J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
78
DECLARATION of Claudia T. Bogdanos in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis.. 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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)
EXHIBIT G
Paq 1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
J.T. COLBY & COMPANY, INC.,
d/b/a BRICK TOWER PRESS,
J. BOYLSTON & COMPANY,
PUBLISHERS, LLC, and
IPICTUREBOOKS, LLC,
Plaintiffs,
V.
CASE NO.
11-CIV-4060 (DLC)
APPLE, INC.,
Defendant.
VIDEOTAPED DEPOSITION OF
RICHARD FREESE
September 25, 2012
Prince Frederick, Maryland
2:04 p.m.
REPORTED BY:
Lori J. Goodin
REF: 8254
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the way I describe it.
Basically what happens is, when a
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brand becomes a trusted brand and you are looking
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for something else, you know, if you have read
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books by that publisher, that brand, before, you
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will look at it and say well, maybe I can, you
know, I know that publisher, I like their books.
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Let me, you know, I will give it a look. I will
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think about it.
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I think, you know, if I asked you,
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and actually you all are involved in this case,
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so you probably know it already, but before you
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started in this case, did you know who Random
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House was or did you know who Simon & Schuster
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was?
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You have seen their logos for
1'/
decades in the New York Times and in the New
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Yorker, and they mean something.
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And, to me at least when I was
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signing ibooks and I was signing Byron Preiss,
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Byron was a brand within the industry, because of
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the quality that he had brought in his publishing
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and the author list that he had.
So, to me, you know, buyers get,
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they see as many buyers as they will see every
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month.
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are in folders.
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publisher, the most important trusted sources is
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the top folder.
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any money left over, is the bottom folder, you
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know, and there may be 30 of them.
And they have a stack of buy cards that
And the most important
And the discretionary, if I have
And my goal was always to get
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publishers that were top of the pile instead of
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bottom of the pile.
And I have, you know, with the
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author list that ibooks had and the brand
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recognition that those authors have. I mean they
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made the Foundation movie for Asimov what, three
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or four years ago. That book is 25, 30-year old.
1.8
BY MR. RASKOPF:
79
Q.
Right.
20
A.
You know, it is -- so, my answer is,
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I think that the, if you lock up authors and you
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have the right authors, the authors define the
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brand and then the brand begins to define the new
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authors.
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4
MR. RASKOPF:
I have nothing
further.
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EXAMINATION
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BY MS. JARRETT:
7
Q.
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I have just a couple of follow-up
questions.
9
A.
Okay.
10
Q.
You mentioned logos and their
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meanings.
12
A.
Uh-huh.
13
Q.
Here at Recorded Books,
do you, do
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you only distribute books digitally or is it also
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on tape or CD?
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A.
We still do Cds.
cassettes,
Q.
We still do
if you can believe it.
Do any of those products feature the
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hard copy,
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logo, i.e. Random House?
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22
A.
for lack of a better term,
publisher's
Any of the distributed, every one of
the distributed does.
And ours do, and in fact
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