Epic wants no more of a free ride than what other companies like McDonald's, Amazon, Starbucks, etc get. They're asking to be treated the same as them.
Does Apple get a cut of sales from these companies? No.
Why should Epic, Spotify, etc give Apple a cut of sales when Apple isn't hosting their content, just the downloadable app?
Why isn't Apple claiming that macOS app developers are getting a free ride by being able to sell their apps outside of the Mac App Store where Apple gets $0.00 from the sale?
It's sort of a non-answer, but it is (probably) the 'correct' answer: Because.
A slightly longer but no more helpful answer: Epic didn't challenge from an antitrust perspective (in the underlying case that it lost) the categorical distinction between McDonalds-like and Spotify-like the two pursuant to the App Store guidelines. As quickly as I can tell, it simply wasn't an issue the Court decided, but I suspect, because Epic lost the federal antitrust case, it's even less likely to win the categorical distinction argument.
The most helpful (or maybe not): Apple indicated, in part, it was because its a different fulfillment and risk structure from physical goods to digital goods.
Some things caught my eye here
I’m also very interested in the below in Bold.
Upon hearing Apple’s arguments, the court seemed interested in understanding how Apple would calculate exactly how much it should be compensated for payments processed outside the App Store, while also questioning Apple’s commitment to actually solving the issue:
The court, however, was skeptical of Apple’s argument that the decision should apply only to Epic Games rather than to all App Store developers in the United States. In response, Mr. Garre maintained that the ruling should be limited to Epic, and that other developers would need to bring their own lawsuits if they wanted similar changes to affect them.
The bold portion: Between the lines, this is probably because the Court wanted to gauge how likely a decision would be (one of) the last they'd need to make. So the follow up to the Courts inquiry, after Apple's Response [below], was to confirm the Apple would have a strong incentive to move forward with determining a "reasonable fee." I don't think the Court really cares how the fee is calculated, I *think* they care about whether or not the 'games' are over. And to infer (far more than I should on inference within inference) I think it's likely there will ultimately be modification proceeding granted to determine a 'reasonable' commission.
[Apple's Response] Apple says 'put a pin in that' let's measure it from the value developers receive for the tools and technologies, the value of a safe and secure market place, and Apple's vast user base, and come up with a commission based on what is fair and appropriate.
But I don't think: (a) the Court gave up enough information to determine the method of distilling what a reasonable commission would be, or (b) (on your bold 2) that the Court questioned the commitment
per se.
Your unbold portion: This is derived from the injunction preventing universal injunctions. Whether or not a district court can issue an injunction over non-litigants across the country. The Supreme Court says, more or less, these types of injunctions are not appropriate anymore, and every aggrieved party must file their own lawsuit to obtain an injunction, or form and certify a class. The issue is so new however, the Court might be eyeing this case as the perfect one to "test" the boundaries of that rule, since both Epic and Apple have the resources to exhaustively argue it.
I can’t figure out if people don’t realize this or they are just “ok” with different rules for different companies all using the exact same amount of Apple IP, services, APIs, etc.
The arbitrary nature and selective application of Apple rules is a huge issue and problem, walled garden debates aside.
McDonalds-like v Spotify-like: This wasn't challenged by Epic, as best I can quickly tell, in the underlying cases (or this Appeal) the federal antitrust focused solely on the digital goods. It is probably safe to infer: this distinction is perfectly lawful, so it would require an anti-trust law change to make it unlawful.
Why stop at just the device?
This transaction took place connected to Comcast WiFi, so Comcast gets a cut. Goodbye net neutrality. Oh you charged your iPhone using PG&E power? Transaction wouldn't have been possible without those electrons, so PG&E gets a cut. If developers don't like it they can just sell their software to customers on other power platforms. Oh, you were sitting in an Aeron chair when you renewed your Netflix account? Well customers that are comfortable are more likely to spend more money, so that was an instrumental part of the transaction. Better be sending a check to Herman Miller.
Net neutrality was gone in 2017, returned in early 2024, and was killed again in 2025. It's unlikely it will return with out a different selection of justices, or an act of congress.
In the interest of good faith discourse, would it be too much to ask folks to not use the laugh emoji on these topics?
It’s really rather disrespectful.
If you have a counterpoint to make can we use text please?
I am shocked no one used a laugh emoji in response, even I wanted to use one. I feel baited... I want to add one right now.