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In the words of the court, "The Court finds that the full extent of these losses would likely be unascertainable, difficult to calculate, and irreparable."

And I fully agree that the finance department would be able to calculate the expected profit per customer for today's products. But what about tomorrow's ? And the next year ?

Apple locks in the user at multiple points: apps, movies, TV shows, books, accessories etc.



You're using circular logic. "The court finds theory of irreparable harm to be plausible because the court finds that the full extent of these losses would be irreparable."

OP's entire argument is that the court's finding is incorrect and that's why its a victory for Apple's lawyers -- I think you're severely underestimating the forecasting techniques used, especially in a company as competent as Apple.


The OP did not address this argument, but merely asserted that no irreparable harm would be done because you could simply pay damages. The court has said that calculating damages is impossible.

It doesn't seem to me that incalculable implies irreparable but it's certainly a defensible position.




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