I'm sure if there was an actual legal case against them, they would. The fact that they're going this whole public letter route tells me they don't, though. Seems to me this is all just a publicity stunt.
I have seen PR moves like done by plaintiff attorneys as a survey of public and peer professional feedback. It can be used as a "testing the waters" if there is some sort of consensus that justifies a lawsuit.
I'm really surprised that Apple responded so quickly. This rattled someone and it may have been directed by Tim himself. Thus, if the feedback from this public dialog is in Spotify's favor, expect to see one more Process Server walk into the legal office of Apple in a few weeks.
3.1.1 In-App Purchase: If you want to unlock features or functionality within your app, (by way of example: subscriptions, in-game currencies, game levels, access to premium content, or unlocking a full version), you must use in-app purchase. Apps may not include buttons, external links, or other calls to action that direct customers to purchasing mechanisms other than IAP.
Thanks for quoting this. This specific clause in the contract could be considered anti-competitive if the hardware OEM running the app store has a similar and competing product.
If courts favor Spotify, the entire app store could be spun off into a Clarius-like spin-off not colluded with Apple.
Bring it on. Spotify will surely lose...
I wouldn't bet on that. Never underestimate a group of new money young adults with bravado and drunk in their own success to not go further. A generation ago, it was an upstart Apple staring down IBM with the Mac release blowing a hole in Big Blue's bow making it the only non-IBM PC platform to survive the 90's. Now the tables have made an ironic turn.
IMO, the entire concept of a hardware OEM operated app store has not really gone through any rigorous court trails with grand-an-hour attorneys testing the business model with existing anti-competition laws.
This comes from a pirate whom developed on NeXT, Sun, SGI, Apollo, Atari and Amiga machines back in the day. Then there are the real old school that I bow to with Prime, Tandem, DEC, Sperry and Data General development background.
Get your popcorn bag ready. This'll be a good one!