repeating the "it's not monopolistic because ANDROID" ignores the very very real fact that if you are in iOS system, you have absolutely zero personal agency over where or how you get your apps.
Except when it isn't Apple... Right? Will you ignore or, at least, not oppose Sony, Microsoft, and Nintendo's very very real monopolies of their systems -- if not actually defend and or affirm them, because "reasons"?
I'd be happy to hear that's not the case. That you'd likewise agree if Apple's "monopoly" is illegal, then so are the console maker's monopolies. But, typically, reasons given to dismiss the console makers monopolies by commenters or critics are: They operate a "smaller" market, use the "subsidy" model, consumers have a "choice" between download or retail, and when they choose retail - they have "agency" over where to buy their game (Target, Walmart, Amazon, Best Buy, etc) to get the best price.
So let me know, what's your reason to support the console makers monopoly of their systems.
Or, do you understand there is no underlying "agency"? And that regardless of whether your market is "small" or you provide a "benefit" to consumers -- if your actions are illegal then they're illegal.
I think they should sue console makers, I don’t have an issue with that.
Again, I want to thank you for your consistency. For me, it's been rare to see. It's actually a consistency that even Epic itself doesn't share. Epic follows similar logic to that of the above. They're providing a carve out to the console makers -- which hopefully you'll see really weakens their argument. And has rather exposed them as actually not "fighting the good fight" or "fighting for the developers or consumers best interest" as they so claim.
Apple is by no means faultless or an entirely pro-consumer business. You can absolutely have a difference of opinion, support judicial review of Apple's actions and business practices, and call out sleazy business practice where you see it. But Epic deserves very little support from consumers and it's propaganda campaign around "Free Fortnite" is just that - it's bogus vernier for their very self-serving biased lawsuit.
I don’t play video games so I don’t know what the deal is with them, but if there are similar issues, I say go for it.
Right, so this is the angle that Epic should be taking. If they really want to fight the closed loop, walled garden, single brand market monopolies they should be including Sony, Microsoft, and Nintendo.
They won't though.
Not because the console makers have more money, or better lawyers, or could retaliate (which the court / judge has the power to stop or reverse) but, because monopolies are actually fine. Which few people realize. And, believe it or not for the past 40 years the console makers monopolies have been under constant judicial review. If the "singular provider" or "one brand market" concept was illegal - the courts would have busted open the video game console monopolies decades ago. Which in turn wouldn't provide Apple the precedence to setup its own walled garden "monopoly" ecosystem.
There's a reason why the courts allow, even maintain, these monopolies. Believe it or not.
Even if they don’t win, who cares, I don’t care about Epic, but I like that this is sparking conversations about what these modern monopolies look like. These tech companies do effectively have a monopoly on their users. Sure, there are other devices you can go with, but that comes with a lot of obstacles.
What "anti-trust" actually concerns itself about and what judicial courts actually look at when reviewing the allegations of a plaintiff -- is whether a company maintains or tries to acquire a monopoly through illegal behavior or "unreasonable methods". Just don't get too excited about the latter, as the
FTC's own Guide to Antitrust states, "
it is not illegal for a company to have a monopoly, to charge "high prices," or to try to achieve a monopoly position by what might be viewed by some as particularly aggressive methods." So if you're thinking Apple aggressive defense of it's App Store, its refusal to allow sideloading, or 3rd party payments, is an "unreasonable method" you'll likely be disappointed.
A better example of illegal behavior or "unreasonable methods" would be when Nintendo originally precluded developers from writing games from competing systems as a contractual requirement for the approval of their games for the NES. So, the courts struck that down and fined Nintendo. Actually, Nintendo really has had a
very troubled history with abusing it single brand market monopoly. Yet, despite all the times that Nintendo has been sued for anti-competitive behavior, the courts only struck down and fined the illegal behavior, and ultimately left alone Nintendo and Sega's (and today, Sony and Microsoft's) complete autocracy / despotism of their respective systems.
Rather, the success of today's video game console systems are
specifically because the hardware manufactures are allowed their monopolies.
Back in the late 70's, Atari - yea, think PONG arcade cabinets, sued former Atari employees that quit to make their own company and develop games for Atari's VCS (Video Computer System, 2600). The court disagreed and said that 3rd party game development was perfectly fine, and in fact, Activision (the company the employees made) owed nothing to Atari. Not only that, no 3rd party developer had to license the rights to develop for the VCS hardware. Which meant that 3rd party developers owed nothing, at all, to Atari. The courts reasoning was because the VCS allowed for arbitrary code execution. The VCS would run any code you wrote for it. So the court sided with the developers that once the VCS hardware was sold at retail - any one could write, distribute, and run code on it, because nothing prevented the VCS from running said code.
This lead to an influx of everyone wanting to develop and program their own games for the VCS. Which flooded it with very poor quality games and crashed the market, even for very high quality games, like those from Activision. Now, this is *very* over simplified - but it was Nintendo's introduction of the CIC (software) lockout chip let them prevent arbitrary code execution, force developers to license the CIC's use, and "tamed" the market. This software code lockout has been under judicial review since then, but never ruled illegal due to the benefits it provides. And as such, unfettered development access the like of which existed for Atari's 2600, 5200, and 7800 model VCS hardware is viewed as otherwise potentially extremely damaging and not in the consumers best interest. Cryptographic signing is just today's modern version of Nintendo's original CIC lockout chip.
That isn't to say that code lockout, device "tying", or ecosystem "lock-in" doesn't need further review, vis-a-vis, Epic's current lawsuit. Just don't get too excited that the US judicial system will side entirely or primarily with Epic arguments.
Apple isn’t the only one who does this, but they’re the most aggressive and notorious for making the move away from their ecosystem difficult. That’s always one of the primary criticisms of Apple. I would like to see an environment in the tech industry that’s more competitive. If moving between Android or iPhone or PlayStation or Xbox was an easier move to make, we would all win. I don’t see how that’s controversial.
If you read the Temporary Restraining Order (TRO) or the judges Preliminary Injuction (PI) - the court finds Epic's device tying / eco system lock-in arguments more favorable compared to the code lockout ones. If Epic is going to find any win here then it would more likely be here then probably anywhere else in their lawsuit. That is not being able to set Spotify as say your default.
Just, again, tame your expectations. Because by and large, businesses are allowed leeway to encourage customers to remain. To make services and products "sticky."
AirPods for example, obviously function best in Apple's ecosystem. But, that lack of functionality outside of iOS isn't because it's intentionally crippled. Airpods otherwise use standard Bluetooth.
The lack of an ecosystem outside of Apple, instead I find as a fault in everyone else. Not that we need 5 different "eco-systems" between Apple, Microsoft, Google, OnePlus, or Motorola -- But, apple puts a lot of though into making the iOS platform approachable, usable, and friendly to people who stay inside of it.
What the current Epic case will bring and highlight, hopefully, is the cases where attention is needed.