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WordPressiOS Locked by App Store

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Re: WordPressiOS Locked by App Store

#311

Post by tzs »

the_gipsy wrote: post #252
tzs wrote: post #215

Earlier quoted context omitted.

They could probably sue Apple, too. When someone buys something on the App Store, the store makes a copy and distributes a copy to the purchaser. If that copy is infringing, then the entity that makes and distributes the copy (i.e., Apple) should be liable. That they received their initial copy from someone else (i.e., Automatic) who told them that they had the rights to make and authorize making and distribution of…

IANAL but I don't think Apple is liable in this case. It sounds just like websites not being responsible for user created content. They do have to remove illegal content, and must have means to report and act on it, but you can't e.g. sue hackernews because someone posts a torrent of a Marvel movie.

All the elements for copyright infringement would be there: (1) Apple made copies and distributed those copies, (2) Apple is not the copyright owner, and (3) Apple does not have a license from the copyright owner.

Apple might not know it is infringing, and indeed might even think it has permission because the developer told it the developer had made sure all the licensing was in order, but the defendant's mental state in a case of direct copyright infringement is not relevant. Copyright infringement does not have a mens rea, at least in the US. "[i]ntention to infringe is not essential under the Act.", Buck v. Jewell-Lasalle Realty Co., 283 U.S. 191, 198 (1931).

The website shield against liability for user created content that is most often used is from section 230 of the CDA. That specifically carves out an exception to the shield for anything relating to intellectual property, so 230 is out.

The DMCA looks like it might work. The people claiming infringement could send a DMCA take down request to Apple, and Apple could take down the content and give them the contact information necessary to sue Automatic, and that should get Apple out of the loop.

But DMCA has limitations, too. If a service provider is infringing themselves, or acts in concert with the people providing the infringing material, then the DMCA safe harbors may not apply. Acting in concert is more than just providing hosting, and I have no idea if Apple does enough more to reach acting in concert. There's some interesting Q&As about DMCA safe harbors at https://assets.fenwick.com/legacy/FenwickDocuments/DMCA-QA.p...

Re: WordPressiOS Locked by App Store

#312

Post by scarface74 »

LamaOfRuin wrote: post #301
scarface74 wrote: post #286

Earlier quoted context omitted.

Well, the App Store shows manufacturer suggested price. A manufacturer still doesn’t get to advertise the wholesale price nor do they get to advertise that you can get it cheaper somewhere else. I fail to see how the MSRP is relevant. The question was quite simple. Can I sell an item in Best Buy or GameStop and advertise in their store that a customer can get it cheaper online?

The App store advertises the app store price. Your entire line of reasoning seems ridiculous to me, but even granting most of your premise, the wholesale price would be the price companies sell their software at with bulk discounts (purchasing 100+ seats instead of 1). What ancestors are referring to are the single unit sales price set by a company absent outside pricing interference by Apple, which is absolutely the…

What ridiculous premise? Can I go into any retail store and mark my product with the wholesale price and advertise the “tax” the retailer charged for letting me sell it in the store?

Words Mean Things.

A “tax” is a government imposed fee.

A wholesale price is the price that a manufacturer sells a product to a retailer. Every retailer has a markup from the price that they get a product from a consumer. Do you think retailers don’t make a profit from the goods they sell in their store?

When did the MSRP not include a margin for the reseller? Why would a retailer sell a product without any margin?

You realize that everything you buy from a store has “pricing interference” from the retailer don’t you?

Re: WordPressiOS Locked by App Store

#313

Post by AsyncAwait »

scarface74 wrote: post #310
AsyncAwait wrote: post #302

Earlier quoted context omitted.

Spotify, Netflix etc. are in a special category called "reader apps".

You’re conflating separate issues. Controversy #1: some apps are allowed to be in the store and not have in app subscriptions but aren’t allowed to say how you subscribe - Netflix and Spotify come under the “reader apps” exemption and Hey didn’t. Controversy #2: Epic isn’t allowed to have in app purchases that bypass the App Store. Non Controversy #1: there is no rule against having different prices in an outside of…

I know you can have different prices. The problem is that the WordPress app was for all WP blogs, including self-hosted. Apple blocked them unless they add an IAP for .com services, but that's not really required.

Spotify can stay in the AppStore, presumably without having to offer an IAP, whereas apparently WordPress cannot, including for self-hosted blogs?

That's what I am getting at here.

Re: WordPressiOS Locked by App Store

#314

Post by phatfish »

Abishek_Muthian wrote: post #186
ameen wrote: post #144

Earlier quoted context omitted.

Twitch does this blatantly. I think they’re able to skirt the rules because of being an Amazon company. A subscription on the web is 4.99 and the same subscription via the official twitch iOS app is 5.99.

Any discount is enticing, but I wonder how many really go through the effort of - 1. Searching, Opening the web page in Safari. 2. Signing-in. 3. Updating personal details. 4. Updating credit card details. 5. Making the payment. Instead of clicking a button to save $1? P.S. I would.

This is a monthly subscription to a Twitch streamer. Assuming you re-subscribe (which seems to be the whole point of Twitch) you are paying an extra $12 over the year, which is 2 months of subscriptions and change compared to the website.

That seems significant for even the most lazy person.

Re: WordPressiOS Locked by App Store

#315

Post by ffpip »

pmontra wrote: post #203
ffpip wrote: post #76

Earlier quoted context omitted.

God. I just stopped opening the play store. Everything is ads and autoplaying videos. I added the update shortcut to homescreen to go straight to updates

This is not my experience but 1. I use the store only for free apps 2. I use Blockada which blocks ads even inside apps https://blokada.org/ Download it from F-Droid, not from the Play Store. Google doesn't allow the full functionality version on its store.

I already use adaway. Have a rooted android

Re: WordPressiOS Locked by App Store

#316

Post by ffpip »

literallycancer wrote: post #234
ffpip wrote: post #76

Earlier quoted context omitted.

God. I just stopped opening the play store. Everything is ads and autoplaying videos. I added the update shortcut to homescreen to go straight to updates

Use Aurora store. Use an adblock.

I use both. Adblock doesnt stop play store ads. HTTPS.

Play store is needed for buying apps. Can't do that from aurora store without a risk of your Googz Account getting banned.

Re: WordPressiOS Locked by App Store

#317

Post by ffpip »

Dahoon wrote: post #137
ffpip wrote: post #76

Earlier quoted context omitted.

God. I just stopped opening the play store. Everything is ads and autoplaying videos. I added the update shortcut to homescreen to go straight to updates

I have never seen an add or a video on Google Play except a line of "Suggested for you" apps which I guess are paid for? The only videos are after clicking an app and then they have never ever started playing automatically. Must be either a regional thing, a custom per phone brand or something like it. Neither my OnePlus or Google phones have it.

When you open the GPlay Store, 50% of the screen is ads. When you open an app listing, the bottom is filled with ads for competitors.

Re: WordPressiOS Locked by App Store

#318

Post by [deleted] »

scarface74 wrote: post #312
LamaOfRuin wrote: post #301

Earlier quoted context omitted.

The App store advertises the app store price. Your entire line of reasoning seems ridiculous to me, but even granting most of your premise, the wholesale price would be the price companies sell their software at with bulk discounts (purchasing 100+ seats instead of 1). What ancestors are referring to are the single unit sales price set by a company absent outside pricing interference by Apple, which is absolutely the…

What ridiculous premise? Can I go into any retail store and mark my product with the wholesale price and advertise the “tax” the retailer charged for letting me sell it in the store? Words Mean Things. A “tax” is a government imposed fee. A wholesale price is the price that a manufacturer sells a product to a retailer. Every retailer has a markup from the price that they get a product from a consumer. Do you think re…

[deleted]

Re: WordPressiOS Locked by App Store

#319

Post by scarface74 »

From the authors tweet

“I am a big believer in the sanctity of licenses. (Open source relies on licenses and copyright.) We agreed to this license when we signed up for (and stayed in) the app store, so going to follow and abide by the rules. Not looking to skirt it, hence doing what they asked us to.”

I wonder if someone had made that same argument here who wasn’t the author, would he get downvoted to oblivion?

Re: WordPressiOS Locked by App Store

#320

Post by LamaOfRuin »

scarface74 wrote: post #312
LamaOfRuin wrote: post #301

Earlier quoted context omitted.

The App store advertises the app store price. Your entire line of reasoning seems ridiculous to me, but even granting most of your premise, the wholesale price would be the price companies sell their software at with bulk discounts (purchasing 100+ seats instead of 1). What ancestors are referring to are the single unit sales price set by a company absent outside pricing interference by Apple, which is absolutely the…

What ridiculous premise? Can I go into any retail store and mark my product with the wholesale price and advertise the “tax” the retailer charged for letting me sell it in the store? Words Mean Things. A “tax” is a government imposed fee. A wholesale price is the price that a manufacturer sells a product to a retailer. Every retailer has a markup from the price that they get a product from a consumer. Do you think re…

I'm just going to go ahead and assume your posts on this are intentionally obtuse. If not, try considering how the situations might be differentiated and why that might make your chosen analogues of wholesale vs retail might be flawed.

Have fun with all your posts on this story.

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