Apple’s late CEO Steve Jobs may not be heard in the Department of Justices antitrust case against Apple.

Federal district court judge Denise Cote has ruled that Steve Jobs biographer Walter Isaacson won’t have to comply with the subpoena served on him by the DOJ, unless the DOJ can show that having access to recordings of interviews with Jobs “meets the test for disclosure of nonconfidential material."

The DOJ is keen to hear is Jobs had anything else to say about the ‘agency model’ referred to by Jobs in the biography. When Jobs reveals that he spoke to publishers about using the agency model, he notes that would mean: “The customer pays a little more, but that's what you want, anyway”.

The DOJ lawyers want to hear what else Jobs said about the matter.

The judge’s decision hinges on whether the DOJ can prove the recordings should not be considered confidential. The question is whether any further ebook selling references were left out of the book they were provided on a confidential basis, or if Isaacson left them out for editorial reasons. In the latter case the DOJ could argue that it should see it, writes cnet.

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