Mavericks is not so much the inspiration for a Beach Boys song as it is a symbol of Melvillian existential struggle. At Mavericks there is no endless summer, no beach-blanket bingo. And everyone who surfs Mavericks understands that what is at stake is your life, which could end in any number of miserable ways, ways that might give you a crushingly protracted time to think about what, exactly, went wrong, and why you are there, underwater, listening to a thirty foot mountain of hydrogen-dioxide and salt press down on you; and you look around, into and through but not beyond the ocean’s blue-green screen of impending death.
An entire essay could be written about the name ‘Mavericks’ alone. It’s odd enough that it’s the plural form of a word about a person who refuses to conform. We assign it to politicians who break with the party line, or to jet-fighters from the 1980s with good hair and a reckless disregard for their own lives in pursuit of some thrill which makes their lives seem worthwhile.
It is easy to see the Apple antitrust suit as merely a clash between multi-billion-dollar corporations, but at heart the case asks a fundamental societal question: what, legally speaking, is art? Is it a thing, a commodity like a bar of soap or a can of motor oil to be bought and sold in an unfettered free market, or is it something else, deserving of special allowances? If you see a work of art, in this case a book, as a commodity, then there is no question that Judge Cote’s ruling is correct. As a society, we long ago decided that when people sell things, the consumer is best served when the government allows the free market to work its magic on cost control.
But the big five and Apple are not in a good position to cry foul. First, the publishers, at least, are terrified of speaking out at the risk of upsetting relations with their largest customer. Second, they and Apple have been quite happy to exploit their own monopolistic position when it’s suited them in the past. And third, it may be that they did indeed collude and, under the letter of the law, are guilty.
Monologuist Mike Daisey was once devoted to Apple products. Then, one day, he “started to think, and that’s always a problem for any religion.” He began to question how his favorite products were put together, so he traveled to China with hopes of finding out. What he saw was shocking. If you own an Apple device (which I’m betting you do), you need to listen to this episode of This American Life. [Image]