Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Since we've all agreed that Epic Games has absolutely no chance in winning this because they have absolutely no legal grounds, let's talk about what Apple should do. Apple has the right to push a payment arrangement that it sees fit, it is a BUSINESS after all, however, I believe it would be more beneficial if Apple change their fee system. Namely, it shouldn't be a flat out 30% charge, but more of a progressive charge like the tax system. In our tax system we don't expect everyone to pay 30% tax. There's different tiers for different income levels - higher income pays more, lower income pays less. Should be like that for the App Store - multibillion dollar companies like Epic should be "taxed" at the highest tier, while the smaller developers would expect to pay much less. At a certain size, like a beginner dev with their first app, it would be free or close to it. As developers begin making more money and climbs the revenue ladder, Apple could increase the cut up until a maximum limit. Apps making tens of millions of dollars a month could rightfully expect to the pay the highest amount, since they're benefiting from the App Store the most. I'm sure some will still whine and complain though, but that just takes us back to where we are today with Epic Games vs Apple.
I think that just might be the way moving forward. What it will do to certain developers who find their commission rate adjusted will be interesting. Epic may end up back on the App Store but at a significant increase in commission rate. How did they win?
 
They can sell through their website. Like Netflix does.

There's one problem though. When I signed up to Netflix, that was a conscious decision that my wife and I made together (it's not _that_ expensive, but it's more money than I would want to throw away). But in-app purchases for games are just stupid and they are only made because people don't think straight; it's an impulse buy. A lot of it is exploiting impressionable young kids. If you had to go through a website, lots of the sales wouldn't be made. Many, many parents would thank Apple if all purchases had to be made through Epic's website.
Yes, I have dealt with family and friends that have had this addiction of in app purchases. I wish it would just all die out. They spend hundreds of dollars a week on cards or skins, yet unable to pay for fixing their roof.

$2 here, $2 there. Its like that death from a thousand cuts scenario. That $2 here and $2 there can add up to hundreds of dollars quickly.
 
An OS is a product, not a service. Apple does not sell iOS on a subscription, it is licensed for “free” with the purchase of Apple-branded hardware. Windows was borderline OSaaS but that never became a thing. I’m not sure if this changes your point but just wanted to point this out.
I corrected it. Thanks for pointing out.
 
Yes to all - every device had Titok removed. They don't use all those services though. If I can pick and choose services (which I can because there is choice) I will. I can't force a manufacturer to not manufacture in China, but I would advocate it. Even FoxConn is saying that manufacturing in China is pretty much over.

It appears that most of our clothes are made in Vietnam... so we're all good!

If we allow China to have control in our US based businesses and services it gives them too much leverage. The difference between us and them, is businesses are independent and make international investments. Chinese "companies" (see front for PRC) invest even at loses so they can gain power and control. Don't underestimate the evil-ness of the PRC. Communism and socialism at work. China currently has internment camps right now. Talk about an unpopular position from a historical standpoint, but this is right now. Today.

You don't work for the PRC, do you? A lot of moles popping up these days in the US or from the mainland.
I have been toying with the idea this is tencent’s doing
And that hopefully China can be stopped
 
If only the judge reads your post, they can dispense with all that expensive legal wrangling and jump straight to Epic’s verdict!
This is the legal ground for preventing Apple from enforcing the agreement. Some commenters are wondering whether contractual law allows that. And I'm saying it does, if Epic can prove that some elements of the contract are illegal. I have argued elsewhere for the illegality of the contract.

Let me repeat my argument:
1. A platform for developers sell products to users is a service.
2. An operating system on which users can run apps is a service product.
3. These two are distinct. They can be offered by different entities. And even if they are provided by the same entity, they are functionally separable.
4. "An unlawful monopoly exists when one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct." (https://www.justice.gov/atr/antitrust-laws-and-you)
5. Therefore, Apple's App Store has an unlawful monopoly over the first service.
 
You purposely broke Apple’s terms of service, released pre-prepared slander campaigns against them, and tried to rally gamers INSIDE YOUR GAME against them, and are now crying victim because they retaliated and you’re being financially threatened. Go to hell lol. Apple brought in millions of players for Epic to financially take advantage of, and now they purposely got their app removed, effing over the players that actually support them, and are telling them it’s Apple’s fault. No. You’re scamming your players’ emotions for YOUR financial gain. Epic Games is cancer bro.
 
Monopoly argument only stands if Apple is the only avenue for players. It isn't. Google Play has banned Fortnite as well, so the argument crumbles at the beginning and will certainly fall apart in court. Secondly, Fortnite is on a lot of different platforms which also eliminates the monopoly argument. Don't like the platform that charges the same rate as ALL other platforms? Encourage your users to go to another platform.

If I don't like the terms of an agreement I can petition to have them changed or I can file a lawsuit and try to force a change, but if I violate the terms before I petition or file, I have invalidated my stance. I am in violation of the terms so I no longer have any standing. Epic games is foolish, but I guess they are drawing from the bully driven cancel culture or "protesting" against Apple?

Personally, I have banned my kids from making any purchases in Fortnite and from playing it from the day they did this. I also discovered that Tencent owns a 40% stake in Epic games and I don't think this is good for the US in any manner. The PRCs tentacles are too long and need to be cut off. Ban investment from Chinese companies as we all know they are controlled by the PRC. Much of the opposition is likely coming from PRC! Chinese trolls. Chinese interference. Not welcome.

EXACTLY what I have been saying. There is a right way to do this and a wrong way. Epic did the horribly wrong way. If Epic did what you said, while I would not agree with their stance, I would at least applaud them for doing it the right way. Maybe more developers would sign that petition and it might be a bigger deal than we think. Why is Epic the only one very vocal about this? Are 99% of the other developers fine with the 30% then? Why doesn't Affinity take Photo and Designer away?
 
  • Like
Reactions: ruka.snow
You purposely broke Apple’s terms of service, released pre-prepared slander campaigns against them, and tried to rally gamers INSIDE YOUR GAME against them, and are now crying victim because they retaliated and you’re being financially threatened. Go to hell lol. Apple brought in millions of players for Epic to financially take advantage of, and now they purposely got their app removed, effing over the players that actually support them, and are telling them it’s Apple’s fault. No. You’re scamming your players’ emotions for YOUR financial gain. Epic Games is cancer bro.
Rosa Parks purposely broke the law to protest racial segregation. Purposely breaking an agreement isn't wrong if the agreement is illegal.
 
Monopoly argument only stands if Apple is the only avenue for players. It isn't. Google Play has banned Fortnite as well, so the argument crumbles at the beginning and will certainly fall apart in court.
If fact, Google Play's dominance as Android devices' distribution store is also achieved through illegal anti-competitive conduct, not due to its superior service. So Epic can also argue that Google violated antitrust laws.
 
Why is Epic the only one very vocal about this? Are 99% of the other developers fine with the 30% then? Why doesn't Affinity take Photo and Designer away?
Epic is probably big enough and financially in a position strong enough (and, at the same time, not as dependent on them) to actually challenge Apple bigly.
 
  • Haha
Reactions: ruka.snow
Malls absolutely take a cut of revenue of the shops.

Do they take 30% of just the hair salon's revenue while letting the clothing stores off completely rent free? That's what you have here. I'm all for fair and transparent, but Apple is mandating companies like Epic only use and publicize Apple's payment system that charges 30% off the top while other companies like Uber are free to distribute their apps at no cost and use whatever payment system they want. A little consistency would go a long way to showing Apple isn't harming consumers by arbitrarily creating "rules" that only apply to a very specific set of businesses but not to others.
 
  • Like
Reactions: Rogifan
Malls absolutely take a cut of revenue of the shops.
In the case of Apple what is the mall? iOS? iPhone? When you download an app to your phone and launch it are you still in Apple’s mall?
 
Let's make this clear.
1. Offering a platform for developers sell products to users is a service.
2. An operating system on which users can run apps is a service product.
3. These two are distinct. They can be offered by different entities. And even if they are provided by the same entity, they are functionally separable.
4. "An unlawful monopoly exists when one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct." (https://www.justice.gov/atr/antitrust-laws-and-you)
5. Therefore, Apple's App Store has an unlawful monopoly over the first service.

People like to create definitions of products and services on the fly to fit their narrative. Does Apple have a monopoly of apps? No, Android exists. However, people like to turn this around and say Apple has a monopoly on iOS apps. That is a ridiculous argument. Microsoft owns the monopoly on Xbox games (even if you sell physically, Microsoft still gets a cut).

So how narrow are our definitions on this stuff going to be? Microsoft has a monopoly on Direct X. Apple has a monopoly on iTunes content. Why can't I release a video on my website linked to iTunes without going through Apple?

There is a point where it becomes so ridiculous to change what something is classified in the products category.
 
Monopoly argument only stands if Apple is the only avenue for players. It isn't. Google Play has banned Fortnite as well, so the argument crumbles at the beginning and will certainly fall apart in court. Secondly, Fortnite is on a lot of different platforms which also eliminates the monopoly argument. Don't like the platform that charges the same rate as ALL other platforms? Encourage your users to go to another platform.
People like to create definitions of products and services on the fly to fit their narrative. Does Apple have a monopoly of apps? No, Android exists.
There's such a thing as a duopoly where two firms have dominant or exclusive control over a market, I would say that describes Google and Apple.

Given that both Apple and Google have effectively removed Fortnite from the majority of the mobile/tablet market I would say there's a case.

You can't compare video game consoles to a general purpose mobile computing device like a smartphone or tablet.
 
Let's make this clear.
1. Offering a platform for developers sell products to users is a service.
2. An operating system on which users can run apps is a service product.
3. These two are distinct. They can be offered by different entities. And even if they are provided by the same entity, they are functionally separable.
4. "An unlawful monopoly exists when one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct." (https://www.justice.gov/atr/antitrust-laws-and-you)
5. Therefore, Apple's App Store has an unlawful monopoly over the first service.

That’s nothing more than your opinion.
 
4. "An unlawful monopoly exists when one firm controls the market for a product or service, and it has obtained that market power, not because its product or service is superior to others, but by suppressing competition with anticompetitive conduct." (https://www.justice.gov/atr/antitrust-laws-and-you)
5. Therefore, Apple's App Store has an unlawful monopoly over the first service.

Of course it’s not unambiguous that Apple has “suppressed competition with anticompetitive conduct.” Just because aesthetically Apple fighting for its legal rights *feels* like this, there are many instances where similar conduct has remained legal.
 
People like to create definitions of products and services on the fly to fit their narrative. Does Apple have a monopoly of apps? No, Android exists. However, people like to turn this around and say Apple has a monopoly on iOS apps. That is a ridiculous argument. Microsoft owns the monopoly on Xbox games (even if you sell physically, Microsoft still gets a cut).

So how narrow are our definitions on this stuff going to be? Microsoft has a monopoly on Direct X. Apple has a monopoly on iTunes content. Why can't I release a video on my website linked to iTunes without going through Apple?

There is a point where it becomes so ridiculous to change what something is classified in the products category.

So you can't distinguish App Store from iOS?
Xbox is an App Store for Games on Windows. Windows is an OS. Windows does not ban other App Store for Games on Windows. Plain and simple.
 
I think what the real issue Epic is trying to show is, if an app were to cost $0.99 to purchase, Apple gets $0.31 and the dev gets the rest.

Ok that's cool and all, but forcing purchases for extra items from within a game hurts the dev since they have to go through Apple payments. Apple takes 30% of those transactions and the dev gets what's left.

Ok, you host the app in your store, you can have 30% of the sale of the app and that is what the host should get, they shouldn't have to hand over 30% of in game transactions to any host as they hosted the purchase of the initial product, anything else inside the app should be directly to the dev.

It's double dipping. "Because we allowed the game on our stores but the servers for play are elsewhere, and development happens outside of Apple, we should get 30% of EVERY transaction cause we only allow payments through our payment method, yours is not allowed as we wouldn't be able to get that additional residual income on all future in game purchases.

Now you see why Apple is a trillion dollar company, they know how to con people very well, and now someone is calling them out on their practices which makes them the bad guy....

I'm not an Epic fan, wouldn't matter who was fighting Apple, I see what they mean and I get why they're fighting for a change.
 
What

What's an alternative to App Store on iOS?

Lets have a discussion if you are fine with forcing Microsoft and Playstation to allow multiple stores too.

Again, Apple is not the one and only place for Apps. Android exists. People like to make product classifications more narrow than it needs to be saying iOS apps. But what about Xbox games? Why can't Epic release their own store on Xbox?
 
  • Like
Reactions: Anox
Amazon, Blackberry, & Microsoft: “Hey Developers— please develop apps for our stores! We’ll even give you sweetheart deals!

Developers: “PASS— All the money is on iOS and Android!

(competition dies)

Developers: This Monopoly (Duopoly) is awful! Apple controls everything and won’t make any deals!!
 
  • Like
Reactions: msteele
Of course it’s not unambiguous that Apple has “suppressed competition with anticompetitive conduct.” Just because aesthetically Apple fighting for its legal rights *feels* like this, there are many instances where similar conduct has remained legal.

Tell me how literally bundling App Store into your OS and preventing users from using anything else is not anticompetitive conduct.
 
  • Disagree
Reactions: Icaras
Yes. Epic wants to open up a bar in a bar, where the main bar still pays for the utilities and infrastructure of the building and so on.
Nowhere did epic say they wanted a free ride on the App Store, I'm sure they'd happily accept being able to distribute outside of the App Store as well and foot the costs themselves.
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.