Apple Asks Judge to Dismiss App Store Monopoly Lawsuit

[MacRumors]

Apple has asked a federal judge to dismiss a lawsuit alleging that Apple has an illegal monopoly because the iPhone does not allow users to use alternative app stores by default, reports Bloomberg.

Attorneys who filed the suit in 2011 claim that a monopoly exists because an iPhone user who doesn't want to pay what developers charge for applications available through Apple's App Store can't go anywhere else to buy them. Apple requires iPhone software developers to turn over 30 percent of what they charge for an application, increasing prices and excluding competitors from the iPhone "aftermarket" of applications, they claim.

Apple doesn't set the price for paid applications, and charging a price for distribution of a product on a new and unique platform doesn't violate any antitrust laws, said Dan Wall, Apple's attorney, at yesterday's court hearing in Oakland, California.

The plaintiffs argue that because a consumer can't buy Angry Birds for the iPhone from an alternative app store, Apple has an illegal monopoly and is reducing consumer choice.

This isn't the first time Apple has been accused of running an illegal monopoly. The iTunes Store and iBookstore have previously been the subject of lawsuits. This lawsuit was originally filed in 2011, in the U.S. District Court, Northern District of California (Oakland).

Article Link: Apple Asks Judge to Dismiss App Store Monopoly Lawsuit

[shaunp]

They do know that having an iphone isn't compulsory, don't they? Other phones are available and they are free to choose one of those. Muppets!

[Dr McKay]

Originally Posted by shaunp

They do know that having an iphone isn't compulsory, don't they? Other phones are available and they are free to choose one of those. Muppets!

The "If you don't like it, leave" doesn't fly with Monopoly investigations.

[genovelle]

If there were no options like buying another phone, maybe, but this is a waste of time and money.

[shaunp]

Yep, I don't get that either. You don't HAVE to buy Windows if you don't want to. Other platforms are available.

[KSpider]

I am suing Microsoft next week... I should be able to play non licensed games, maybe even playstation games on my 360...

[ChrisTX]

There is no need to offer competing App repositories on any of Apples iOS enabled devices. App makers set the price, and will likely offer the same price for their apps elsewhere.

[Aidan5806]

That's just how Apple works and always has. If you don't like it don't buy their devices. Get over it.

[nburwell]

This is just silly. We are free to choose which phone we want to buy. I chose the iPhone. I absolutely without a doubt do not want the Android App Store (or whatever the heck it's called) on my iPhone. If I did, I would obviously own an Android phone.

[Jsameds]

Its all rather stupid really. If you want access to more than the App Store then get an android phone. No-one is forcing you to use an iPhone!

[genovelle]

Originally Posted by Dr McKay

The "If you don't like it, leave" doesn't fly with Monopoly investigations.

You can't be a monopoly in and of yourself. Your cable company is not required to support downloading of other sources to the cable box you get from them.

[Squilly]

One word: Cydia.

[vmachiel]

Monopoly? Ever heard of the countless android choice and WP/BB10?
No one is forcing you onto iOS

[heisenberg123]

apple fanboys are strange cats, if this article was about only being able to install software on your Mac by way of the MAS, the fanboys would be upset, change the platform and the fanboys are upset people want options

[Dr McKay]

Originally Posted by genovelle

You can't be a monopoly in and of yourself. Your cable company is not required to support downloading of other sources to the cable box you get from them.

You can use logic and reason all you want, it doesn't matter. Once they've decided you're being a monopoly, they're pretty set in their ways. Look at Microsoft getting hammered for Internet Explorer being included with Windows.

Originally Posted by vmachiel

Monopoly? Ever heard of the countless android choice and WP/BB10?
No one is forcing you onto iOS

That's not the point of the article, its about you not being able to change defaults, and the fact that if you don't like a price on the App Store, there is nowhere else to turn to to get the app.

[SmileyBlast!]

Is it really a monopoly when the average iOS owner spends maybe $50.00 a year on their Apps?
Is it really a monopoly when there are alternate stores like Cydia?
This is a lawsuit for the sake of having a lawsuit.
I think they would have grounds if no other phones existed and no other app. stores.
Also with millions of apps. in the App. store if you can't find a free alternative to some app that is being sold then you really aren't even trying.

[unlimitedx]

this is like complaining that someone can't use sonicare brush heads on an oral-b electric toothbrush.......

[UnfetteredMind]

Originally Posted by Squilly

One word: Cydia.

I was going to bring this up if no one else did. Apple could actually use the jailbreak community as a response if needed.

[Northgrove]

There are good technical reasons to why I think this should be OK.

Apple should ask how they are supposed to guarantee the quality, software and security-wise, of the apps in the App Store and thus protect their brand value if they are no longer in control of the apps sold.

Apple is a company that really consider the software a part of the product.

[michaywood]

Having alternative app stores would just turn the iphone experience into a crappy Android-type one where apps aren't reviewed and anyone can submit apps for release, causing for a lot more unhappy iPhone users cause this sweet new game they just downloaded crashes every time they open the app...

I understand this happens anyways, which bugs and what not, but from being a previous Android user, this was a LOT more prevalent

[iMaven]

Apple developers can offer a low resolution, ad-laden, free app for those who don't want to pay.

[vmachiel]

Originally Posted by heisenberg123

apple fanboys are strange cats, if this article was about only being able to install software on your Mac by way of the MAS, the fanboys would be upset, change the platform and the fanboys are upset people want options

That is because the Mac has been open to all software from the start. The iPhone app store was always closed so we knew what we were getting into.

[gotluck]

bring on the hate...

it would be absolutely wonderful if one could install third party apps from alternative sources without a jailbreak

bring on "advanced user mode"

I bought the iphone, it's mine, let me put what I want on it. Should be treated like a PC IMO. The lockdown only benefits Apple / certain developers / people that cant handle freedom (tech newbies that shouldn't enable 'advanced mode').

[silvetti]

How is this monopoly ? Monopoly would be if every phone came with iOS and Apple forced Samsung, Motorola etc thru deals and pressure to make them use their OS and not the competition.

This type of lawsuits only exist in the US, the most ridiculous judicial system where everyone can sue everyone for everything, even if it makes absolutely NO SENSE.

[Krazy Bill]

This lawsuit sounds frivolous but it's the truth. Apple's famous walled garden exists for this purpose.