I am having hardtime understanding if this can even be called a monopoly? Assume there is a A mart if it lets other vendors sell their products in its store on the condition that there is a small price they have to pay in order to put their products on its shelves in return they dont need to pay rent and they get the benefit of customers who love to shop at A mart could this be considered a monopoly? Also who is resp…
I can go somewhere else to buy potatoes if I don't like how one store handles them. An iPhone owner can't go off to the Microsoft, Google, or Amazon stores if they don't like the version in the Apple store. They have a monopoly on apps for iOS devices.
Supreme Court rules antitrust lawsuit against Apple can proceed
231–240 of 357 posts
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#232Earlier quoted context omitted.
> they care only they're well regarded by their own political persuasion Why would they care about that? They already have the job for life. They don’t need to please their audience any more. They’re free to act on principle.
Because people aren't actually like that in real life. Just because they've gotten a to a particular lifetime job in life, it doesn't mean they don't still crave the approval of their peers. They don't live in a vacuum. They want to still be invited to speak at the places they usually speak, attend the same parties they usually attend, etc. And beyond that, there's a more fundamental issue: people like this are chose…
> Are Supreme Court justices swayed by the political environment that surrounds them? Most people think "yes," and they point to the influence of the general public and the other branches of government on the Court. It is not that simple, however.
> As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of.
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#233Earlier quoted context omitted.
The argument discussed was literally Apple trying to argue that you aren't their customer for the purpose of legal liability while you pay them money to install apps from their store on a device they configured to only be able to buy from their store. This decision makes clear that legal weasels lost. Understanding next steps requires constructing the argument correctly. One could ask why should Apple be forced to op…
Apple allows you just as much control as every other product. If you were to break all of the security controls you could do whatever you want including adding a new App Store just like Cydia did. The question is whether Apple should make it easy for you to do this. And there is no legal basis for that.
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#234Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#235Earlier quoted context omitted.
It shouldn't be surprising. Nothing about his testimony or judicial history indicated he would be particularly conservative on women's rights.
It suggests the Federalist Society failed to do their job in vetting the candidate for ideological purity, especially since Trump was holding up the Kavanaugh nomination as a big win for his anti-abortion base voters.
The idea of Federalist Society “ideological purity” is also pretty amusing, considering that there is a large Never Trump contingency within the organization: https://www.huffpost.com/entry/george-conway-starts-anti-tru.... I’d wager there are a lot more pro-choice Federalist Society members than pro-life members of the American Constitution Society.
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#236Earlier quoted context omitted.
A ten year term ought to do the trick, though. And would allow the passage of time to undo any stacking of the court that a particular president wants to engage in.
6 year staggered appointments. So 3 justices terms are up every 2 years. Means one president doesn't get to completely stack the court, but each has a fair impact on it, and we aren't stuck with judges with outdated ideologies forever (unless people vote for it).
The big difficult, however, is how to make sure that a hostile senate wouldn't just block all nominations (which is the new norm). Some people like Calabresi have suggested that the president and everyone in the senate would be denied all compensation (IIRC even from private parties) until the seat is filled. I don't think that's a workable idea though.
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#237Earlier quoted context omitted.
Nobody has ruled on whether the practices are actually monopolistic or not - this ruling just allows a suit against Apple to proceed, which will then make that determination about their business practices. The debate in this case was all about whether the end user was Apple's customer (thus able to sue Apple directly) or the developer's customer.
I think this debate is interesting, but I don't expect Apple to be happy about the final outcome. A developer publishing solely on Apple's App Store (and relying solely on Apple features to provide functionality) has no direct access to the customer* - Apple prevents that fairly well. In this case, I feel like, as a consumer, I'm Apple's customer. I think courts, and especially juries, would agree. That said, I don't…
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#238Earlier quoted context omitted.
Yes. The entire crux of Apple's argument is that you aren't Apple's customer. The true motives of a corporation often come out in court.
That's not fair. Your lawyer should make any arguments they need to defend you, even if they're not what you believe. As long as they're not false or misleading, it's good practice. Nobody's claimed that Apple believes that people buying their phones aren't their customers. Apple claimed (IIUC) that in this scenario, it's the app store vendors that are the customer of the app store. Which is a reasonably valid way to…
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#239Earlier quoted context omitted.
Proves is a strong word... It's a data point to be sure, but it's not proof.
It really does prove it. If they were completely aligned with politics, they would have ALWAYS voted in a predictable way. They may have more conservative or liberal tendencies, but to think that that all Justices will vote the way that people want to pigeonhole them into is ridiculous.
I suppose it proves they aren't 100% (not 99.9999%....100%) bound to always make decisions precisely aligned with a political party.
But no reasonable person suggested that.
Re: Supreme Court rules antitrust lawsuit against Apple can proceed
#240Earlier quoted context omitted.
I can go somewhere else to buy potatoes if I don't like how one store handles them. An iPhone owner can't go off to the Microsoft, Google, or Amazon stores if they don't like the version in the Apple store. They have a monopoly on apps for iOS devices.
Well with that logic, i you own a Ford Truck and you dont like their service can you go to Honda service center? the app store.