Earlier quoted context omitted.
This worries me beyond anti-competitive stuff. If Tim Cook is willing to lie and cheat for extra revenue, I can't trust that Apple is honest about their privacy commitments. Services revenue line must keep going up, and their ad business is a growth opportunity.
Similar to how Google merged with DoubleClick and threw out the whole "don't be evil" policy. My luke-warm take is that the advertising industry is inherently evil.
Apple violated antitrust ruling, judge finds
561–570 of 631 posts
Re: Apple violated antitrust ruling, judge finds
#562Earlier quoted context omitted.
> Only by analyzing the apps can Apple enforce several policies Or they could secure the runtime and quit giving developers dangerous entitlements in the first place. Make no mistake, Apple doesn't need the App Store to develop meaningful security for their users. The Mac is living proof.
Without those entitlements, they would get slammed for being anticompetitive by not allowing 3rd party devs the privilege of building the things they want to build on the platform.
Re: Apple violated antitrust ruling, judge finds
#563Earlier quoted context omitted.
From the court document, I don't know how many ended up actually adopting it, but it's about what you'd expect: > As of the May 2024 hearing, only 34 developers out of the approximately 136,000 total developers on the App Store applied for the program, and seventeen of those developers had not offered in-app purchases in the first place. In May 2024, Apple argued that it would take more time for developers to take ad…
This seems like a strange argument to me. Apple is not just responsible for making it possible to purchase apps outside the App Store, but to convince developers to use it over the App Store as well? I suppose it's damning when combined with the internal emails demonstrating they were trying to avoid compliance with the ruling?
> To summarize, this Court’s orders required that Apple not impose restrictions in its iOS marketplace which would prohibit consumer access to and awareness of competitive alternatives to IAP. The Injunction specifically enjoined Apple’s anti-steering provisions which at the time prohibited developers from raising that consumer awareness and access. In response, Apple intentionally devised a compliance scheme to prevent developers from deploying competitive alternatives to IAP. Apple’s discounted commission rate, on its own, forecloses a developer’s use of link-out purchases. Adding to that, Apple’s various design restrictions and purchase-flow friction arbitrarily decrease the attractiveness of competitive alternatives (if they were utilized) and increase breakage in a purchase flow.
> Apple’s conduct violates the Injunction. The non-compliance was far from “technical or de minimis.” Apple’s lack of adequate justification, knowledge of the economic non-viability of its compliance program, motive to protect its illegal revenue stream and institute a new de facto anticompetitive structure, and then create a reverse-engineered justification to proffer to the Court cannot, in any universe, real or virtual, be viewed as product of good faith or a reasonable interpretation of the Court’s orders.
Re: Apple violated antitrust ruling, judge finds
#564Earlier quoted context omitted.
Then we should just eliminate all the laws and instead pass one law that says "don't be evil" and just let the judges/juries make it up as they go. The truth is that you don't believe your own argument. You want LOTS of laws specifying all kinds of unacceptable behaviors in great detail. You only differ from me in where that line should be drawn.
No, we don't have to do that. The current system works well as it is. > You want LOTS of laws specifying all kinds of unacceptable behaviors in great detail. I don't have a problem with detail. Instead, I am rejecting the idea that mass amounts of details is always necessary, or that the law somehow completely collapses when it doesn't have detail. No, the law is perfectly able to handle vague situations all the time…
A huge percentage of those wrongful convictions happen because there wasn't any evidence, but the police and prosecutors were "reasonable". The judge was "reasonable" and the juries were "reasonable" too. Despite the complete absence of facts to support their "reasonable" feeling, they managed to convict an astonishing number of innocent people.
If one jury is full of suspicious people who always see the worst in others and another jury is full of people who always assume the best, the idea of reasonableness says that both should reach the exact same conclusion. You of course recognize that both will convict when there is clear evidence of guilt, but only one will convict when "reasonableness" becomes an issue.
That is the point. Reasonableness only exists when there's ambiguity or missing facts and only exists to CREATE a crime where you can't PROVE a crime (if you could prove that the act was criminal, reasonableness would be unnecessary) all while saying without evidence (and with plenty evidence to the contrary) that every other person on the planet would jump to the same conclusion as you did. Or as a paradox, reasonableness exists to create unreasonable situations.
I'm not demanding that the law be changed wholesale. The only required change is that the law only charge for crimes it can prove. For almost every greater charge, there is a lesser charge with wider scope. If you cannot prove the greater charge, then only prosecute the lesser charge (and don't prosecute the greater charge and the lesser charge while hoping "reasonableness", jury cynicism against the defendant, and randomness of the jury pool gets you a conviction).
Most good prosecutors already follow this principle and remove reasonableness as much as possible. When they do not is where many/most those wrongful convictions come into play (that and the unjust practice of plea bargaining). There seems to be very little to lose except bad prosecutions and bad convictions.
Re: Apple violated antitrust ruling, judge finds
#565Earlier quoted context omitted.
Then that training will get called into evidence (like Google’s prior training re: anti competitive training) to prove they were being intentionally anti-competitive, and rinse repeat.
I’ve worked for one BigTech company in my career and there were a list of banned words we couldn’t say in writing. The one word I remember we couldn’t say was “moat”.
Re: Apple violated antitrust ruling, judge finds
#566Many people blame the EU for targeting US companies when it passes anti-monopoly and pro-consumer laws, or penalizes the companies for breaking them. Now that US courts are doing it more, it seems that corporations abusing their monopoly powers are the problem, not EU laws. But what do I know.
> Many people I doubt it's very many, they just are very loud because there is a lot of money behind their complaints.
What % of the public holds these opinions? Who knows? Maybe someone will conduct a study one day, but 99.9% of internet opinions don't get studied, and 99.9% of people don't post mainly responsibly verified information.
There is so much to say about this, when most of our socialization has moved online. So much to be said.
Apols for the tangent.
Re: Apple violated antitrust ruling, judge finds
#567Earlier quoted context omitted.
> when in reality, it's the OS I disagree. Application developers have always been absolutely terrible at packaging. We see this all the time on linux, where publishers just fail to follow the packaging standard of the system, and instead develop an "installer" for their special little snowflake application. The OS cannot save you from that unless you also control distribution and can tell that publisher "you don't g…
We don’t see this on Android, where you can install apps from outside the Play Store.
I would argue that this doesn't change my previous argument. I'm talking about how the "modern" OS experience necessitates a near-monopolistic app-store. That the OS cannot be separated from the app-store. This is also the current state of the Play store, even if google technically allows competitors. I also think their reluctant acceptance of these competitors was relatively recent, and therefore that market is still young. I would think that by the time several competing app-stores exist with their own exclusive apps, you'd have a markedly different experience on these OS's than you have today.
Re: Apple violated antitrust ruling, judge finds
#568Re: Apple violated antitrust ruling, judge finds
#569Earlier quoted context omitted.
I’ve worked for one BigTech company in my career and there were a list of banned words we couldn’t say in writing. The one word I remember we couldn’t say was “moat”.
I wonder if they implemented some filter that prevented messages containing those words from posting. Return a 401 or 403.
Re: Apple violated antitrust ruling, judge finds
#570Earlier quoted context omitted.
I didn't say you said that. I asked if you thought that. Once again, that's a faciallly unreasonable response. Just to demonstrate that reasonable is a workable term that need not be this vague unlawful mystery that you decided is the case, entirely on your own. >My contention was that the judge should have consulted SMEs when defining parts of the ruling outside her expertise. The case consists almost entirely of th…
> The case consists almost entirely of the testimony of experts and the professionals working on both sides, so I think the judge is actually very familiar with the issues at play here and I'm not sure why you came to the conclusion that this kind of expertise was not considered when its the very nature of the entirety of the case. Those experts spent collective centuries learning their area of expertise, but the jud…
And?
>I've provide an argument that it is not. You have provided an unsubstantiated assertion. If you aren't willing to engage, then why make the assertion in the first place?
Your argument is an unsubstantiated assertion. That you think it isn't is one of the things that makes this conversation incredibly unenjoyable.
>You have made zero reasoned arguments and outright refused to make any reasoned arguments, but consider me to be the unreasonable person who just won't listen to what you have to say. How does this make sense to you?
You being unreasonable is absolutely not predicated upon me or anything I have to say in particular, but instead seems to be a consistent pattern in your posting throughout this entire article.
>If a judge rules that a bridge should be built, that doesn't mean they should tell the engineers how to build it. You are confusing the legal ruling with the implementation.
But that's not what happened and its an incredibly strained analogy.
>In this specific case, the judge should have gotten SMEs together to decide which approach was correct and included it in the ruling rather than complain that things weren't as the judge envisioned, but never even bothered to write down other than in the vaguest terms. Holding someone in contempt because they didn't read your mind is unreasonable.
Only one of the parties is complaining. They also happen to be the party in violation of the court order. I think you do not really seem to get the point. They are in contempt because they did not bother to make a good faith effort to comply, not because they did not read his mind.
This is probably one of the most unenjoyable conversations I've had here because you are highly argumentative, incredibly uninformed on the topic you are arguing about, and starting it from such an absurdly low point that getting to a basic level conversation on this topic is impossible because you are busy arguing about things that are non-issues, like the use of the world reasonable in legal proceedings.