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Apple countersues Epic, seeks punitive damages

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31–40 of 614 posts

Re: Apple countersues Epic, seeks punitive damages

#31
post #3

Apple writes in their court filing: “Epic sought to enjoy all of the benefits of Apple’s iOS platform and related services while its ‘hotfix’ lined Epic’s pockets at Apple’s expense.” It seems that Apple has forgotten that each iPhone user already paid Apple hundreds (if not thousands) of dollars for the iPhone itself. It is reasonable to charge developers for development tools, but if that's what you want to do, jus…

Well to be specific, 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. And it comes without any statement/guarantee about how Apple charges the developers or the agreements there. Most people have no idea, and don't care. Some apps choose to make their apps free, others choose to charge fees. Some want to have their in…

> your buying the iPhone comes with access to apps through the the App Store, not any software that you like

And that's a problem. I am buying an iPhone, per Apple, not renting it. Therefore I should be allowed to run whatever I please on my hardware.

Re: Apple countersues Epic, seeks punitive damages

#32

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?

Re: Apple countersues Epic, seeks punitive damages

#33
post #13
post #8

Earlier quoted context omitted.

While in principle I agree with you, if Epic signed an agreement that they owed Apple a percent based on initial terms, then that is out the window.

That something is written on a contract does not means that is enforceable. If not I will create a contract that says you are now the president and you will still not be.

The contract developers have with Apple involves use of Apple's property.

A contract may not be enforceable, but only if it contradicts the law. In this instance, I don't see how.

Re: Apple countersues Epic, seeks punitive damages

#34
Well, it certainly seems clear from a facts point of view at least, that Epic was engineering the plan to test Apple.

They prepared a release that contained the ability to bypass the payment mechanism. Then they did that, and told Apple that was what they were doing. And then launched a big marketing campaign to rally support for it.

At least in facts, this wasn't a sudden action by Apple to crush an unsuspecting little player.

Re: Apple countersues Epic, seeks punitive damages

#36
post #3

Apple writes in their court filing: “Epic sought to enjoy all of the benefits of Apple’s iOS platform and related services while its ‘hotfix’ lined Epic’s pockets at Apple’s expense.” It seems that Apple has forgotten that each iPhone user already paid Apple hundreds (if not thousands) of dollars for the iPhone itself. It is reasonable to charge developers for development tools, but if that's what you want to do, jus…

What is boggling my mind about this is that Apple CLEARLY has a case because Epic violated the TOS, but they're stretching waaaaaay out there with the dramatic language and seeking punitive damages. (Especially since... come on, punitive damages for something that was live for less than 24 hours?)

I'm guessing that apple is trying to push their claim as far as they can to set case law as far out as they can. This kind of case decided in their favor can move that overton window quite a bit

Re: Apple countersues Epic, seeks punitive damages

#37
post #28

“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)?

The sad part to me as an iOS developer is that Apple is essentially calling iOS a "service." I'm a huge Apple fan, but they have been digging themselves a grave in terms of developer goodwill with their reaction to these lawsuits.

This should alarm any developer. Any iOS developer could be at risk to pay Apple punitive damages whenever they determine their rules have been broken.

Re: Apple countersues Epic, seeks punitive damages

#38

Earlier quoted context omitted.

Well to be specific, 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. And it comes without any statement/guarantee about how Apple charges the developers or the agreements there. Most people have no idea, and don't care. Some apps choose to make their apps free, others choose to charge fees. Some want to have their in…

> your buying the iPhone comes with access to apps through the the App Store, not any software that you like And that's a problem. I am buying an iPhone, per Apple, not renting it. Therefore I should be allowed to run whatever I please on my hardware.

> 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.

Re: Apple countersues Epic, seeks punitive damages

#39
post #3

Apple writes in their court filing: “Epic sought to enjoy all of the benefits of Apple’s iOS platform and related services while its ‘hotfix’ lined Epic’s pockets at Apple’s expense.” It seems that Apple has forgotten that each iPhone user already paid Apple hundreds (if not thousands) of dollars for the iPhone itself. It is reasonable to charge developers for development tools, but if that's what you want to do, jus…

> just charge them for development tools Thing is, Apple still charges $100 USD per year for a developer license which lets you distribute your app, so this is already happening! :)

Even worse. $100 is for individual developers, it’s $299 per year for organizations.

Google asks for $25, once, for a team that can be an individual or an organization, as you wish.

Re: Apple countersues Epic, seeks punitive damages

#40
post #3

Apple writes in their court filing: “Epic sought to enjoy all of the benefits of Apple’s iOS platform and related services while its ‘hotfix’ lined Epic’s pockets at Apple’s expense.” It seems that Apple has forgotten that each iPhone user already paid Apple hundreds (if not thousands) of dollars for the iPhone itself. It is reasonable to charge developers for development tools, but if that's what you want to do, jus…

What is boggling my mind about this is that Apple CLEARLY has a case because Epic violated the TOS, but they're stretching waaaaaay out there with the dramatic language and seeking punitive damages. (Especially since... come on, punitive damages for something that was live for less than 24 hours?)

High-stakes legal battles don't work the way you think they should.
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