I love it when this happens.  Let’s think back over the last several years, and collectively recall when Apple would accuse Microsoft of using its power and market share unfairly.  “Antitrust!” they shouted.   Now, Apple is being accused of unfair practices, of using its power and market share unfairly.  They are (gasp!) trying to convince music labels to not give exclusive access to songs to Amazon.   That’s just business, isn’t it?

Well, maybe.  According to the story, they are ‘punishing’ those labels that do give Amazon a daily exclusive, by withdrawing marketing support in iTunes for those songs that Amazon got a day early.  So, Amazon asks for exclusive access to upcoming songs, for 1 day.  In exchange for that 1 day of exclusive access, they offer to market the song as a daily mp3 deal.  Sounds reasonable, no?  In response, Apple says “If you give Amazon something more than you give us, we won’t market your songs.” How is this any different, really?

Yes, Apple is the big cheese in the online music business.  Yes, Apple sold something like eleventy trillion songs last year (OK, it has been about 10 billion songs since 2003).  That said, why are they wrong to want the same access to the music that Amazon has?  And why would they not incentivize such a ‘level playing field’ given the chance?  It’s not like they are imposing an iTunes tax, where you must give Apple a nickel for every song that is sold on Amazon, just for the right to sell it on iTunes as well.  THAT is using your huge market share unfairly.

I’m no Apple fanboy, um… apologist, but I don’t see how they are under scrutiny for antitrust here.  Maybe I just don’t understand the law well enough.