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The EU's declaration that Apple can't charge developers for the underlying intellectual property that makes their apps function is ludicrous and an affront to the free market
Apple can and do charge for the underlying intellectual property that makes apps function.
And I haven't heard for the EU restricting them from doing it in a fair, nondiscriminatory way.

They're charging consumers at hardware prices they determine - whereas the hardware comes bundled with the OS.
They're also charging developers for the functionality that makes their apps function.

But since you mentioned it explicitly:
An in-app link-out to an external purchase decision has not nothing to do with "making apps function".
 
If Apple had implemented it at a loss
👉 That premise - that Apple implemented it at a loss - is exactly what many detractors of the DMA have been arguing:

"But, but, but... the $99 developer subscription doesn't pay (isn't fair compensation) for all of Apple's investment, hard work blablabla."

the argument then would just be that they are abusing their position to crowd out competition
Yes - that's exactly what Apple has been doing successfully (with the exception of Google Play/Android):
Crowd everyone else out from the market in mobile OS and application stores.
 
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I don't take issue with Apple giving away "a place" in the App Store to small-volume apps from student and hobbyist developers for (as good as) free.
And yet you’re fervently advocating for Apple being forced to choose between being fairly compensated for their hard work or letting small and hobbyist developers to participate for a reasonable price.

Apple can and do charge for the underlying intellectual property that makes apps function.
And I haven't heard for the EU restricting them from doing it in a fair, nondiscriminatory way.
The EU is literally doing that with the DMA. Any developer can make an app, charge for it and not pay Apple one cent for said IP.

They're charging consumers at hardware prices they determine - whereas the hardware comes bundled with the OS.
They're also charging developers for the functionality that makes their apps function.
If I buy a Blu Ray that doesn’t allow me to charge people to come watch the movie in a theater. You need a different license for that. Same deal here.

But since you mentioned it explicitly:
An in-app link-out to an external purchase decision has not nothing to do with "making apps function".
Said link out is being used to avoid properly compensating Apple for its IP that makes developers’ apps function.
 
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Well for example I would Define the Specific Service and define what the "initial acquisition/matchmaking" service is from the rest of my services to find what the value of initial purchase is:

  1. Estimate the average cost of app discovery algorithms for a new user.
  2. the average Server costs for initial download/installation.
  3. the average Cost for the customer acquisition infrastructure (search, recommendations for first-time users)

Then I would calculate what the actual Costs
Are for me:

  1. The Technical infrastructure costs specifically for provide for user-app matching
  2. Time-limited to the initial connection (not ongoing relationship)
  3. Exclude costs already covered by developer fees, hosting, payment processing, etc etc
As you clearly stated, that's the value for initial acquisition. That's not what I asked.

The issue is this. Apple isn’t showing any proof for this value outside of it is so…

The Three-Part Legal Test

Part (i): "Related both in time and in scope to the initial acquisition”
  1. Time: The Fee must be tied to the moment of first user-app connection, not ongoing
  2. Scope: The Fee must only cover the matchmaking service, nothing else
  • Apple's failure:CTF charges for every download forever + alternative payment fees are ongoing
Part (ii): "Commensurate to the initial value of the matchmaking function"
  1. Fee must match the actual value of introducing user to app
  2. Must account for other payments Apple already receives for this service
  • Apple's failure: €0.50 per install regardless of app value + 13-27% alternative payment fees bear no relationship to discovery value

Part (iii): "Not remunerate the gatekeeper for its gatekeeper value"
  1. Can't charge for general platform control/access
  2. Can only charge for the specific introduction service
  • Apple's failure: CTF and alternative payment fees are classic gatekeeper rent-seeking

What This shows for Apple's Current case in the document:

Core Technology Fee (€0.50 per install):

- ❌ Fails time test: charges for every download, including repeat users
- ❌ Fails scope test: charges for apps never discovered through Apple
- ❌ Fails gatekeeper test: pure platform access fee

Alternative Payment Fees (13-27%):
- ❌ Fails time test: ongoing transaction fees, not initial acquisition
- ❌ Fails value test: no relationship to matchmaking service
- ❌ Fails gatekeeper test: charging for permission to use competitors
Here you are applying a test for initial acquisition fees for steered transactions to CTF and alternate payments. Neither of which applies.

The "Tripple Dipping" Problem:
The phrase "must take into account any direct or indirect remuneration received" means Apple can't charge acquisition fees AND platform fees AND payment fees for the same service. They're already getting paid through developer program fees, so additional acquisition fees must account for that.
I think this is nonsense. Acquisition, platform access, and transaction fees are self-evidently for three different services.
 
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Said link out is being used to avoid properly compensating Apple for its IP that makes developers’ apps function.
Desired compensation is proper when it's fair and adequate for services or product provided.

Merely allowing a link within a third-party app that's not made by Apple isn't product or service provided. Let alone "proper" to charge 27% of all revenue for months. Also, given that many developers can and do integrate their own in-app purchasing options into their apps (e.g. Uber), fleecing a certain subset of developers isn't proper either.
 
Which, as we’ve stated repeatedly, is not compensation for Apple’s IP even if you wish it was.
That's what I've just said above.

They have been "giving it away" to obtain their duopoly (with Google).
That's why and justification to have governments regulate them from abusing their power.

When Uber are making dozens, hundreds of millions on billions of revenue of dollars through their iOS app (including depending on Apple's push notification service)...

👉 Is Uber paying a $99 developer subscription to Apple "proper compensation"?

No, it's not.

Though I respect(ed so far) Apple's right to price it at a lower level, if they so desire.
As long as they're not abusing their market power obtained to fleece other customers in a discriminatory manner.
 
I mean, they’ll just keep ratcheting the fees, until Apple has to pull their products. They have no leg to stand on.

Apple is being monopolistic on their platform. Monopolies lead to higher prices. The EU is fighting to increase price competition.

Also, this whole trade war thing isn’t going to make Europe more likely to back down.
Apple's whole "we care about the best interests of our customers" is such BS. Greed and anticompetitive activity is getting so bad in America. Honestly, I think Europe is overreaching and I don't care at this point.

In The Edge (1997), Anthony Hopkins tells Alec Baldwin "Never feel sorry for a man who owns a plane." Don't feel sorry for publicly traded, trillion-dollar corporations, either.
 
Apple's whole "we care about the best interests of our customers" is such BS. Greed and anticompetitive activity is getting so bad in America. Honestly, I think Europe is overreaching and I don't care at this point.

In The Edge (1997), Anthony Hopkins tells Alec Baldwin "Never feel sorry for a man who owns a plane." Don't feel sorry for publicly traded, trillion-dollar corporations, either.
Just because I don’t feel sorry for publicly traded trillion dollar corporations doesn’t make the eu right or doesn’t mean Apple wasn’t targeted.
 
Europe has a fundamental flaw in all their digital legislation and regulations: they start with the assumption that all hardware, OSs and platforms are inherently generic and interchangeable. But then this is the same body who levy a massive fine against Apple "on behalf of Ireland" when even the Irish said they are owed nothing. The EU is going to destroy themselves on many fronts, but one would think they could look at digital functions and at least demonstrate some competence.
 
A free and open market allows for consumers and developers to choose their preferred service for app distribution.
That is what Apple has been undermining.
Apple has not undermined any of that. Anyone can have a web app or page. Anyone can also choose another platform riddled with security and privacy issues if they choose. People choose Apple BECAUSE of the "walled garden," interoperability and security. The EU wants to destroy all that.

You think that Apple should shoulder all the cost of app distribution? Or are you just wanting p*rn apps?
 
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People choose Apple BECAUSE of the "walled garden," interoperability and security.

I don't really know how to asses the assumption that "a walled garden" is specifically something folks choose an iPhone for. I'm sure some do, but I'm positive there's also a large faction for which that whole situation never even enters their mind.

If we were drafting a list of reasons folks choose iPhones, it would be very long and highly subjective.
 
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How much does Meta pay for the privilege of being in the App Store? Or is the 30/15% rent just for those developers Apple thinks need Apple more than Apple needs them?
 
Apple has not undermined any of that
They're undermining the emergence of alternative App Stores and alternative purchasing/payment options.

You think that Apple should shoulder all the cost of app distribution?
I don't - and they don't.
It's a total straw man argument, given how Apple do charge for access to the App Store.
They're literally making billions every year from app distribution.

Or are you just wanting p*rn apps?
Whether I do is besides the point.
 
A free and open market allows for consumers and developers to choose their preferred service for app distribution.
A free and open market exists. Just because you refuse to use other options doesn’t mean they don’t exist.

That is what Apple has been undermining.
No, they haven’t been undermining it. Apple does not prevent any developer or consumer from selecting one of the other options. They merely say “if you’re using our platform, you need to play by our rules, which we think are best for our customers.” And millions upon millions of users prefer that Apple do so.

But you’re advocating for that preferred option to be taken away from them so you’re not inconvenienced. So you can have your cake and eat it to. Even though you bought an iPhone knowing full well the restrictions that Apple put in place.

There is no justifiable reason that your preference for iOS to be open should outweigh Apple’s (and the majority of its customers’) preference that iOS be closed, particularly when Android is open and has over 70% market share in the EU. None. Everyone who wants an open ecosystem can choose that option.

This is just the same “Apple has to open up” zealots who have consistently opposed the closed nature of iOS since its inception on the App Store teaming up with a bunch of large developers who want to freeload. They successfully bamboozled regulators, whose actions have clearly show lack understanding of the industry they are overseeing, that the same practices said zealots once confidently predicted would obviously lead to Apple’s irrelevance are now suddenly so blatantly uncompetitive that they must be prohibited despite Apple only having 28% of the market.
 
A free and open market exists
Not for iOS applications.
But you’re advocating for that preferred option to be taken away from them
No - I'm disputing that it's taking away anything.
Because the option of downloading apps exclusively from Apple remains.

Which by the way, isn't even limited to Apple: Consumers can just as well opt for a closed experience using only a Google operating system and software application store on Android.

There is no justifiable reason that your preference for iOS to be open should outweigh Apple’s (and the majority of its customers’) preference that iOS be closed
Whether it's the majority's is (very) questionable.

despite Apple only having 28% of the market.
Apple command considerably more than 28% of the market in terms of its revenue.
 
Not for iOS applications.
But there is for mobile applications, which is actually the relevant market.

Whether it's the majority's is (very) questionable.
Apple’s customer satisfaction, particularly around safety and security, highly suggests it is.

Apple command considerably more than 28% of the market in terms of its revenue.
Well then Apple must be doing something right, and access to its customers might be worth paying 15-30% for.

I humbly suggest that the reason Apple has a larger portion of revenue than their market share is because the safety and security of the App Store model leads to customers feeling comfortable paying for digital goods and services on the platform because they know they’re not going to get fleeced.

Or maybe rampant piracy is artificially reducing the profitability of Android apps. In which case, again, maybe Apple’s rules are worth it.
 
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