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Apple said that "we won't make an exception for Epic because we don't think it's right to put their business interests ahead of the guidelines that protect our customers."
Translation: We won't make an exception for Epic because we don't think it's right to put their business interests ahead of our business interests.

Ultimately, THAT is what this comes down to.
 
This is the stupidest thing I’ve read all day. Is Microsoft libel if you purchase something through Edge on windows 10 on a non Microsoft website? No.

I'm sorry you're confused, but you're comparing two totally different things. Try understanding the situation first before bringing on the snark next time ok?
 
A contract that Apple can, and often does, unilaterally adjust and modify as they see fit. That's not a contract. It's coercion — because developers cannot pull out anymore once investments have been made into an iOS App.

How does Apple changed the terms - to use your "coercion" term - once a developer has been in the store?
It's not like they've raised the rates.

Except for a few exceptions (some mail apps and a few others), there hasn't been much confusion as to what the rules are.
 
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Or maybe Epic can pass some more savings to their clients by just giving away those immensely expensive V-BUCKS ?
I know they really are fighting for the consumers to get better prices for those goods , 8$ for 1000 vbucks is a steal! they cant possibly sell it for 5$ now cant they ? they will be selling those v-bucks at a loss!!!
You know what , let me try and get those V-BUCKS from a different V-BUCKS exchange , mmm cant find one.
never mind , let me sell my skins in the non Epic store as they want a cut from me, mmmm cant do that ....

Maybe Epic can even rain those V-BUCKS on those kids for free!! , let them have a field day!! Apple gets 0 out of those free v-bucks!! lets go consumers!!!

THIS! What does the Fortnight EULA say about selling in game assets outside of their store? Oh, so the Epic Monopoly on Fortnight sales doesn't count?

Yeah, I will stick with Apple. I don't mind the one privacy protecting and secure payment system. I could easily see companies using the expanded privileges in a bad way.
 
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But that's the thing. Apple does allow external payments. Need a ride? Use the Uber app to order one and then pay for it right in the app with your own credit card. Want a quick lunch? Order McDonalds in the app and have it charged to your card. None of that goes through Apple's in-app payment system.

Apple has explained it several times and it is in the terms and conditions. For Physical/Real World Goods/Services, external payments are allowed. For Digital Goods/services, IAP is exclusively required. I am not getting a virtual ride from Uber or a Digital Big Mac from McDonalds. I'm physically getting into some stranger's vehicle to actually go somewhere in the real world. I am actually going to get a Big Mac that I can hold in my hands and consume for nourishment. I am not engaging with my phone beyond product selection/payment to necessitate using device resources like I would be buying an in game costume. The game exist solely on the device that I have to be using to get "enjoyment" from an overpriced set of pixels so my avatar can look "cool". Without the iPhone and the R&D that Apple pours into it, (Particularly the unbeatable A Series chips) the developer wouldn't be able to sell their overpriced pixels to people.
 
Because everything in the NYT is interesting to people?

Its a news story. It affects Apple.

There’s a **** ton of news in papers etc. that most people don’t actually care about.

Sufficiently, of course it is; and this story has appeared multiple times actually.

It's not difficult to understand why. A cultural phenomenon (i learned about how significant Fortnite was via On The Media program) battling Apple, with billions at stake.

(Fortnite/Epic isn't on some sort of fade into irrelevance either. There are top games on twitch right now that are 10+ years old. Fortnite in in the top ten with a 148k viewers (most games are in that range there isn't a large drop off from the top 3 to top 10))
 
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.
Just so you know, you’ve undone your own argument. Here’s how:
1. You state that the App Store is a service but iOS is a product. Different.
2. You state that a monopoly exists if a company controls the market for a product or a service, not a product and a service. You are describing horizontal monopolies.
3. Since Apple obviously controls neither the market for app stores nor smartphone operating systems, by your own definitions a monopoly does not exist.
 
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Translation: We won't make an exception for Epic because we don't think it's right to put their business interests ahead of our business interests.

Ultimately, THAT is what this comes down to.
Why should Apple make an exception for Epic?
 
Apple has explained it several times and it is in the terms and conditions. For Physical/Real World Goods/Services, external payments are allowed. For Digital Goods/services, IAP is exclusively required. I am not getting a virtual ride from Uber or a Digital Big Mac from McDonalds. I'm physically getting into some stranger's vehicle to actually go somewhere in the real world. I am actually going to get a Big Mac that I can hold in my hands and consume for nourishment. I am not engaging with my phone beyond product selection/payment to necessitate using device resources like I would be buying an in game costume. The game exist solely on the device that I have to be using to get "enjoyment" from an overpriced set of pixels so my avatar can look "cool". Without the iPhone and the R&D that Apple pours into it, (Particularly the unbeatable A Series chips) the developer wouldn't be able to sell their overpriced pixels to people.

What value you personally place on the digital product is not relevant (ironically you created a digital avatar so you could look "cool" so there must be some *value* to an avatar since you took the time to create one)

My Tidal and NY Times subscriptions are paid for outside the app store (even though they are necessary for me to use the App in any manner) and I sincerely don't understand the distinction - it doesn't seem as simple as physical vs digital.
 
Apple forced every developer to use the same payment method in order to impose a 30% fees such as subscription and that can constitute antitrust law on the app store.

Guess what? The developer will be forced to increase the price substantially and the customer will be paying more due to the limitation of third party payment.
Why would developers increase their prices?
 
Epic is realizing that this monopoly will soon extend to all user devices. Not just phones. The issue isn’t just money, but creative control over their apps. Apple has been known to censor apps due to political reasons. Monopolies are bad for everyone but the monopoly.
Complaining about Apple censorship? Epic doesn’t seem to mind taking money from Tencent, a Chinese company. I wonder who tend to censor most stuff, Apple or China.
 
This finding does not mention and therefore does not concern OEMs. You say that OEMs are the entire basis of the case, show me quotes

From the same Wikipedia page you linked “ In October 1998, the U.S. Department of Justice also sued Microsoft for violating a 1994 consent decree by forcing computer makers to include its Internet browser as a part of the installation of Windows software.
 
Or maybe Epic can pass some more savings to their clients by just giving away those immensely expensive V-BUCKS ?
I know they really are fighting for the consumers to get better prices for those goods , 8$ for 1000 vbucks is a steal! they cant possibly sell it for 5$ now cant they ? they will be selling those v-bucks at a loss!!!
You know what , let me try and get those V-BUCKS from a different V-BUCKS exchange , mmm cant find one.
never mind , let me sell my skins in the non Epic store as they want a cut from me, mmmm cant do that ....

Maybe Epic can even rain those V-BUCKS on those kids for free!! , let them have a field day!! Apple gets 0 out of those free v-bucks!! lets go consumers!!!
THIS! What does the Fortnight EULA say about selling in game assets outside of their store? Oh, so the Epic Monopoly on Fortnight sales doesn't count?

Yeah, I will stick with Apple. I don't mind the one privacy protecting and secure payment system. I could easily see companies using the expanded privileges in a bad way.
The difference is that epic makes and sells everything within fortnite, the App Store contains millions of apps and only a miniscule fraction of them are made by apple.

Epic does not have to allow anyone else to make and sell objects on fortnite, nor have they ever, therefore there's no monopoly there.

Apple on the other hand has a marketplace which they've made exclusive to their devices while preventing anyone from being able to install apps from outside of it.

They say they enforce all of the App Store rules equally on all devs, but how is it then possible that there are apps being rejected for being able to run code not contained within the app but yet there are other apps whose sole purpose is to run code not contained within the app on the App Store?
 
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And I'm an actual developer. Apple provides:
  1. A complete suite of development tools,
  2. An SDK, including detailed documentation (granted, the quality varies),
  3. File hosting,
  4. A trusted storefront,
  5. Payment processing, and
  6. Dispute resolution.
That **** isn't free. Do I think it's worth 30%? No, probably not. But certainly worth something. I mean, the credit card processing fees Apple pays probably eat 3%.

Opening to outside storefronts makes 4 (which is probably the most important to me as a developer) less valuable, which is why I hope Epic loses this badly.
If it’s worth something then why are 84% of the apps in the App Store free to download? Your items 1-4 would apply to someone like Facebook but Facebook pays nothing. Their apps on the store are free to download and use. The fact is Apple believes anyone who owns an iOS device is an Apple customer only. Period. And thus apps need to pay Apple for the privilege of accessing Apple‘s customers. Except they only apply it to digital goods. And they exempt certain companies that they compete with and/or that they couldn’t live with not having on the store.

If we use Epic as an example I think it’s open for debate whether an iPhone user who plays an Epic game is only an Apple customer. Or they’re only playing that game because of Apple. How many people would spend $1000 on an iPhone if the only apps available for it were Apple’s native apps? IMO the iPhone is popular and Apple is allowed to charge a premium price for it because of the rich 3rd party app ecosystem. And I would argue a portion of the price of an iPhone should go towards paying for the App Store. But even if Apple should collect additional revenue for items 1-4 then they need to come up with a different way of calculating and assessing that fee and every app that is on the store should pay it.
 
If they were to use their developer account to distribute the game outside of the App Store (which is possible) Apple would still revoke their account for distributing outside of the App Store
I think this would only apply to iOS apps, which can't be distributed outside of the App Store unless the device is jailbroken, another violation of the rules of use. So, you are correct. If Epic is trying to build iOS software for billing outside of the App Store, then that would imply they're targeting jailbroken devices.
 
There's also this


The TLDR is - Apple has informed Epic that it will terminate its access to developer accounts and tools on August 28.

The fallout of this could be Epic making the Unreal Engine incompatible with Apple Silicon (iOS devices and the upcoming AS Macs). This could hurt gaming on the Apple platforms.
 
I think this would only apply to iOS apps, which can't be distributed outside of the App Store unless the device is jailbroken, another violation of the rules of use. So, you are correct. If Epic is trying to build iOS software for billing outside of the App Store, then that would imply they're targeting jailbroken devices.
What I'm saying is that with the enterprise developer account it is possible to sign and distribute applications outside of the app store by simply providing a link to them but Apple doesn't allow companies to use that to distribute customer-facing software.

So it is possible for distributing outside of the App Store, the only thing that would be required is for Apple to remove one clause from their developer agreement and I think this will be what antitrust regulators go after.
 
From the same Wikipedia page you linked “ In October 1998, the U.S. Department of Justice also sued Microsoft for violating a 1994 consent decree by forcing computer makers to include its Internet browser as a part of the installation of Windows software.
Microsoft didn't build the hardware. They were forcing software onto hardware built by other people. Plus at the time Windows controlled 90% of desktops in use. It's ok to be a monopoly, but its not ok to use your monopoly to squash competitors. Since Apple doesn't 1) fall into a monopoly status and 2) it manufactures hardware and software its more like how Sony has control of what goes on PlayStation etc. Apple isn't attempting to squash EPIC. Its asking to be paid like every other company does. To equal the lawsuit you're talking about would be if Apple developed a game exactly like Fortnite and then required every Android phone to install it for free.
 
Microsoft didn't build the hardware. They were forcing software onto hardware built by other people. Plus at the time Windows controlled 90% of desktops in use. It's ok to be a monopoly, but its not ok to use your monopoly to squash competitors. Since Apple doesn't 1) fall into a monopoly status and 2) it manufactures hardware and software its more like how Sony has control of what goes on PlayStation etc. Apple isn't attempting to squash EPIC. Its asking to be paid like every other company does. To equal the lawsuit you're talking about would be if Apple developed a game exactly like Fortnite and then required every Android phone to install it for free.

Totally agree. Sadly someone here feels they’re sort of legal expert and has already ruled on the case.
 
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Apples hypocrisy is the most annoying part about the whole company. I still like their products itself but their whole marketing BS about "WE CARE ABOUT YOU AND NOT THE MONEY" is just off putting.

we don't think it's right to put their business interests ahead of the guidelines that protect our customers.

sit down Apple. Lets see ... 5 GB base storage that does not even fit a back up in most cases and leads to corrupt back ups is totally to protect the customer! Same with offering 64 GB as the base model (totally not done for upselling purposes) or the iCloud storage jump from 200 GB to 2 TB or everything being glued together in the MacBook. So environmental!

If anything, Apple is protecting their business interests since services make up a HUGE part of their sales now

Go buy a Dell and pipe down. Epic signed the terms. If they don't like it, then they simply leave.....
 
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