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Apple countersues Epic, seeks punitive damages

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Re: Apple countersues Epic, seeks punitive damages

#121

“There is nothing anticompetitive about charging a commission for others to use one’s service,” Apple said in the filing. What about forcing someone or some company to use a service (apple's payment systems)?

Such a weird argument too, as if there was a different service Epic could use to reach > 50% of the US mobile market.

Just because you state this stat doesn’t allow Epic to accuse Apple of being a monopoly. The 50% us probably false based on all platforms totalled together

Re: Apple countersues Epic, seeks punitive damages

#122

I look forward to Epic's next set of suits against Sony and Microsoft, who offer basically identical terms for inclusion on the app platforms for Playstation and Xbox, respectively.

Yeah, I saw this counter argument before, and I wonder the same thing, but does intellectual consistency matter much in the court of law?

Courts have broad discretion to conduct the course of lawsuits.

In this case, I fully expect the judges to ask some hard questions about why Epic seems so content with the consoles, while taking a bold stand for freedom on mobile, and only mobile.

I'll be up in the virtual peanut gallery munching popcorn the whole time. It's gonna be a ride.

Re: Apple countersues Epic, seeks punitive damages

#124

Earlier quoted context omitted.

It does if you’re about to declare things that have existed for decades with no problem as suddenly Anticompetitive or illegal.

Things literally do go from fine to anti-competitive or illegal over time, because context matters and both laws and circumstances change. In one case, the US fought a whole war over something that was previously legal for decades!

This is true, but do people really think it’s the end of history for personal computing and that iOS and Android are the endgame such that they should be regulated like energy utilities?

The lack of entrepreneurial imagination is astounding. VR and AR are coming, Facebook and Valve are poised to be the next kings of tech. The current era of Apple and Google has an obvious time limit.

Re: Apple countersues Epic, seeks punitive damages

#125

Earlier quoted context omitted.

> Therefore I should be allowed to run whatever I please on my hardware. Well, that can definitely be your opinion. But whether that's fact or supported by our current laws is not at all certain. Let's at least be clear what's fact and what's desire.

Given your first post: > ...buying the iPhone comes with access to apps through the the App Store, not any software that you like. That's clear to almost everyone I would think.... > It's a design and pricing choice. And you buy in or you don't. This follow up: > ...whether that's fact or supported by our current laws is not at all certain Appears to at least be an explicit moving of the goal posts, if not claiming a…

I don't know what argument you're talking about. I'm trying to be charitable to the person above and not outright say that "no, you don't get to run whatever software he likes on a phone he bought". He's on the losing side, but maybe laws in the future will change.

Right now, it's totally within a company's rights (and a consumer's rights) to review the terms of a sale of a product/service, and agree to them or not.

Re: Apple countersues Epic, seeks punitive damages

#126

> it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store. Half true. EPIC doesn't really get any value from the App Store except data delivery, which they're more than willing to do themselves. Fortnite is popular enough that the app discovery part of the store is meaningless.

Epic tried distributing Fortnite via side loading on Android and gave up, and ended up crawling to Google to get on the Play store so we’ve already run that experiment and it failed badly. Stores are vital for discovery at commercial scale.

Bear in mind Apple didn’t have to do a store at all. Steve Jobs was against the idea and wanted all iPhone apps to be in house from Apple only in order to maintain quality. Alternatively Apple could have implemented APIs and services for side loading apps like on Android. They chose a middle path, and why shouldn’t they? Are the two extremes really the only options that should be tolerated?

Re: Apple countersues Epic, seeks punitive damages

#127
post #114

Earlier quoted context omitted.

Sorry to flatly contradict you, but the size of Apple’s cut is not at all controversial. It has never been a crime to be expensive. The legal controversy is that Apple prohibit apps from advertising, linking to, or even mentioning that external account management/payment/service sign-up options are available. This forces vendors to become complicit in misleading the consumer about their options, an anti-competitive p…

They prohibit the app, that is available from their store to advertise ways of bypassing that store. I'm pretty sure Walmart doesn't sell items in its stores that have text on the packaging about how to buy the item cheaper at Target, and it isn't particularly controversial that they do things that way. As far as I'm aware app's web pages or other communication medium aren't prohibited from advertising whatever they…

Sorry, but what? Once I've bought the app, that analogy is broken. I've taken it home and opened the box, but somehow Walmart think they now get to control any subsequent transactions between me and the manufacturer?

Let's say it's a water filter. Now it's a Walmart-specific water filter. When the filter module needs replacing, the vendor is now prohibited from selling me a replacement through any channel but Walmart, or even providing any contact details in the box to obtain a spare from them directly. You'd file that under "WTAF?" and complain to the nearest competition regulator.

So yes, this is unusual, and in my country at least, misusing your market power to force another party to mislead the consumer and distort a market is illegal.

Don't conflate the product with the platform. Otherwise you implicitly allow that you basically don't own the product even after you've bought it, which is unconscionable.

Re: Apple countersues Epic, seeks punitive damages

#128
The perfect outcome according to me will be that you could be required to pay apple tax if you use app store to distribute the app, but the user should have a way to install any app outside the store and apple has to provide user a way to let them install it. This will have far reaching consequence for many devices like consoles, home assistants etc. I believe we are simply giving control of the devices we own for not much reason at all, only reason is that the manufactures want to earn after they sell the device.

Re: Apple countersues Epic, seeks punitive damages

#129
post #120

This is a very bad look on Apple. Regardless of the enforceability of their agreements, the sense of entitlement that underlies Apple’s position is shocking. The claim that Epic has “lined [its] pockets at Apple’s expense” implies that Apple deserves to sit in the middle of every transaction that happens on their devices and take a margin. This is the world’s most valuable company we’re talking about here; assertions…

Isn't a better analogy that car dealerships deserve revenue for selling Toyota's cars? Running an app store and providing a safe platform for users isn't free right?

Re: Apple countersues Epic, seeks punitive damages

#130
post #83

Earlier quoted context omitted.

Apple’s contract is completely normal though. Resale distribution channels for locked in platforms aren’t new: Ticketmaster, PlayStation, Nintendo, Xbox, etc The only difference is people want to change the rules because they feel Apple (and Google) have won the game forever and App Stores should now be regulated like utilities.

The analogy with videogame console is i think the best one. I hate Apple rules on the app store, but i’ve always wondered if they hadn’t just copied the gaming console business models. Which makes me wonder : is there any way to distribute your own game to playstation users, without having to ask or pay anything to sony ?

Generally, no, unless is the equivalent of a jailbreak.

Same for any console, though some are very restrictive and have very specific pricing guidelines (eg. Nintendo).

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