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Apple and Epic Games have been involved in a high-profile legal battle in the United States, but the two companies have also been facing off in court in Australia. Back in August, Australia's federal court ruled that the Apple App Store had violated competition laws by prohibiting sideloading and alternative payment methods.

app-store-blue-banner-epic-1.jpg

At the time, the court had not shared a written judgment, but now the 900-page document has been published and additional information on the court's decision is available. In a statement to MacRumors, Apple said that it does not agree with the court's decision and will continue to argue its position in court.
Apple does not have a monopoly position in Australia or in any market around the world. We strongly disagree with many decisions in this case, including an improper market definition that has been rejected by other courts. We will continue to seek an outcome that respects our intellectual property and protects the safe, secure experience that consumers and developers have come to expect from the App Store.
In the Australia case, Epic argued that Apple misused market power by limiting app distribution to the App Store, requiring apps to use in-app purchase for digital content, and blocking competition by prohibiting alternative app stores and payment methods.

The court adopted a narrow definition of the markets in play, viewing iOS as its own ecosystem and concluding that Apple has a monopoly over iOS app distribution and in-app payment processing. Apple doesn't have to make any changes yet, but the court did not look favorably on Apple's rules against sideloading and third-party payments.

Apple believes that viewing the iPhone as a single brand market is inappropriate, because it faces competition from other platforms like the Google Play Store, the Samsung Galaxy Store, and stores that allow for software purchases on PCs and consoles. Other courts, including the U.S. court overseeing the Epic Games v. Apple case, have not used that market definition.

The Australian court used Europe's Digital Markets Act as evidence that alternative app distribution is possible, but Apple says that the viewpoint ignores the risks associated with skirting the App Store's security and privacy protections. It is Apple's position that sideloading risks malware, fraud, and viruses, and subjects users to questionable content because there are few restrictions. Sideloading could also diminish the trust that people have in the iPhone, and Apple says that relying on the DMA is a mistake because the DMA hasn't been around long enough to demonstrate the full effects of weakened security.

Epic did not score a total victory in Australia. The court said that Apple is well within its rights to charge for its intellectual property, found that Apple's refusal to support third-party app stores is justified, and acknowledged the privacy and security protections provided by the App Store.

Remedies to address Apple's alleged anticompetitive conduct have not yet been determined and Apple hasn't been ordered to make changes, but after the ruling, Epic Games claimed that Fortnite would be returning to iOS in Australia.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Article Link: Apple Disputes Australian Court Finding of iOS App Store Monopoly in Epic Games Battle
 
The courts there are basically saying “Apple has a monopoly because it controls iOS and iOS is its own market”. That's circular reasoning. While such reasoning might be legally tenable in Australia, are the judges making these rulings willing to apply that reasoning to all businesses? Do IGA or Woolworths have a monopoly on what they sell in their stores?

I understand that there really are only two options with smartphones -- iOS and Android -- which is different than some other business situations, but applying a narrow interpretation of a monopoly and using circular reasoning to do so is questionable.
 
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I don't understand why people like too much Fortnite, like come on it's a bad game with guns, boring and everything bad...
 
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I don't understand why people like too much Fortnite, like come on it's a bad game with guns, boring and everything bad...

My 12 year old (and her entire friend group) love playing fortnight, mainly on Switch. I'm not a gamer and have never played it.

The USA needs to stop being the World's HONEYPOT!

The USA needs to stop exporting it's business practices.
 
iOS as a market. Well that’s a definition I suppose. And quite a novel one as this would be the first time a market for the purposes of monopoly definition has included the name of a company’s product/service. This would set a precedent in Australia that a market for monopoly determination can be the things any company sells.
 
iOS as a market. Well that’s a definition I suppose. And quite a novel one as this would be the first time a market for the purposes of monopoly definition has included the name of a company’s product/service
When that company's service platform forms a duopoly (along with Android), that is entirely warranted.

You certainly don't have to look at it as Apple's (or Google's) product.
You can very well look at iOS and Android as two operating system "standards" that included certain APIs and services that determine which apps can run on them. Just like Linux.
 
Apple is 100% correct. They are NOT a monopoly in Australia or any other market. They are part of a duopoly. As long as you don't mind reaching about 50% of customers, Apple can't touch you.
 
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Apple is 100% correct. They are NOT a monopoly in Australia or any other market. They are part of a duopoly. As long as you don't mind reaching about 50% of customers, Apple can't touch you.
In which market is Apple a duopoly? Smartphone? No. Mobile OS? No, each manufacturer owns and controls their own android fork. Mobile application stores? No, there are many alternatives on android devices.
 
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The problem here is that when I buy an iPhone, even though I paid for it, it is not really mine because I can only install Apps that Apple approves of.

Kind of like buying a car and only being able to drive it to certain locations approved by the car manufacturer. Of course, the car manufacturer would be protecting the safety of kids so that is alright? No! No one would accept that. And there is no reason to accept Apple's shared ownership claim of the phone I purchased.
 
In which market is Apple a duopoly? Smartphone? No. Mobile OS? No, each manufacturer owns and controls their own android fork. Mobile application stores? No, there are many alternatives on android devices.

The App Store vs Google Play Store is the duopoly. Third party Android stores are irrelevant as they make up a tiny fraction of all Apps.
 
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iOS as a market. Well that’s a definition I suppose. And quite a novel one as this would be the first time a market for the purposes of monopoly definition has included the name of a company’s product/service. This would set a precedent in Australia that a market for monopoly determination can be the things any company sells.
The funny thing here would be if someone in Australia started filing against companies for their circle monopoly. Flood the courts with them and laugh at how stupid this reasoning is. (This sounded funnier in my head)
 
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The problem here is that when I buy an iPhone, even though I paid for it, it is not really mine because I can only install Apps that Apple approves of.

Kind of like buying a car and only being able to drive it to certain locations approved by the car manufacturer. Of course, the car manufacturer would be protecting the safety of kids so that is alright? No! No one would accept that. And there is no reason to accept Apple's shared ownership claim of the phone I purchased.
You bought the hardware and then readily agreed to the software license when you set up the phone. It’s that software license you have issues with with.
I am sure some tech savvy person could show you how to remove that software and replace it with something more up your alley in desired control.
 
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