Apple has stated (via making it optional) that selling an app does not automatically make you a trader, as well as always stating you "may" be a trader. The way I'm interpreting it, my app - an app for a hobby I enjoy - is not related to my trade, craft, or profession. If I were to submit my account to be part of the Small Business program, or try to claim tax deductions, the EU could claim it's a business and I would be boned. But because I don't - and especially because I give the app away for free on other platforms
Paradoxically, that could cause you to be considered a trader because you develop for multiple platforms, rather than just as a hobbyist on one. Not saying it is right, but who knows what a regulator will decide.
I think if the EU wanted to avoid snaring hobbyists and free pass they should have been clearer on exactly what make one a 'trader' such as specifically exempting free apps that generate no revenue via adds, sales, donations, etc., under x annual revenue.
- I am in the free and clear.
At least, that's my hope. I have no desire to entertain a cross-continent lawsuit!
That's always the problem - regulations ar not clear and the regulator and courts decide what is and isn't required.
But back to my initial point, if Apple would just stop with the dumb $99/year fees, I wouldn't even bother charging, and the EU trader bit would be irrelevant.
I suspect they charge such a small amount to prevent everyone from signing up for a full fledged developer account and having to deal with the issues it would raise.
Maybe they should waive the fee for free apps after say a few years on the store and regular updates...
Edit: Added thoughts
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