Tying an ios subscription to a non ios subscription, and you'd be surprised what constitutes a market... if a browser within MS Windows is considered a market, the app store is easily considered a dominant monopoly within tablet computing.
I notice you say "ebooks on iOS" but this is clearly more than just ebooks, but about any paid ongoing content provision, notably where Apple doesn't distribute the content.
That's not how tying is defined in this context. Tying is more like insisting a copier is sold with a contract to provide copier maintenance. Or selling a printer and not allowing 3rd party ink refillers.
In this case, we are still talking about what one very large for-profit company is trying to negotiate with other very large for-profit companies.
And also, if we have to bring the MS case into this, that Microsoft had 95% of the PC market at the time.
If you are defining apps for tablet-based computers a market, we have to remember, as the anti-apple folks like to point out, that WebOS, Honeycomb, RIM, and probably Windows, are all planning to crash that party. If after 5 years, Apple still holds 95% of that market in 5 years, then we might see something. But in this "worst-case" scenario, Apple would be laughing all the way to the bank.
Remember how Google wasn't ruled a monopoly in mobile advertising because Apple was
eventually going to join the market?
"Any paid ongoing content provision"
on iOS does not constitute a market. That's like saying Disney has a monopoly on selling water in DisneyWorld. And, just like DisneyWorld is not the only place in the world for you to buy water, in the market of "content provision", Apple is far from a monopoly.
That isn't going to stop companies from trying to cast it as anti-trust. Let's all just agree that we are going to be reading a lot of coverage of this case directly from one of the sides DIRECTLY involved with the negotiation (publishers), and perhaps maybe they may not be so unbiased.
I am only going to respond to point 1 from the ebook side. They are content providers that took the time to negotiate with the content makers to sell the products. And they have earned a share by doing so.
Is that the crux of your concern? The idea that a company has to earn their share? That is a nice notion, but it's not how the world works. And unfortunately, consumers don't actually care enough to change their behavior becuase of this. They may complain, but they won't change. If Apple were a person, taking advantage of this could be considered "sociopathic". But they are not a person, so it is considered "good business". Doesn't mean we have to like it.
What apple is trying to do is make it to where they do not have to go through the steps yet get a share as a content provider. And to make matters worse make it to where they only way to buy through the app is the way that they get the share.
Yes, but that is not the only way to buy content. You could, for example, buy an Amazon book through your web browser on a PC, and it will sync to your iDevice. Apple doesn't see a penny.
Currently Amazon has somewhere around 6X as many books avail as iBooks.
Kudos to Amazon on their ability to negotiate with publishers.
They also assume that anything bought through the app was a customer that they brought to the store. Does not matter that I have had an amazon account for 3X as long as I have had an iTunes. And the fact that I had many ebooks that I bought through amazon that I wanted to read on my android phone as well as my iPad. So amazon brought me to apple not the other way around.
Certainly, that seems like an audacious claim by Apple. It's probably not true, but it sure seems like a great place to begin negotiations, doesn't it?
And now they want to take a share from amazon through an in app link. And that is what most people will use just because it is easy way. And people most often take the path of least resistance.
And here is the issue that no one seems to be discussing! If the big fear is that everyone is going to do this, doesn't that mean that it is 100% the most consumer friendly option, i.e. the one that every consumer really really wants? How is that bad for the consumer again? We know why it's bad for Amazon, but I'm not Amazon.
It's not fair! Apple are going to give consumers something that will use a lot!
If it was not a simple money grab they would atleast try to level the field and allow a buy it now from iTune and buy it now from amazon side by side. That would be customer choice. And they don't want choice.
They don't want choice for whom? They are insisting on choice. Are you arguing for Amazon or for consumers? Every way you look at this, consumers will have more choice than they have now. That's the big fear from publishers remember? That when faced with the choice, people will pick Apple's way over the old way.
And now Google is "only" going to charge 10%, and everyone is happy with this!
We went from 0% to Google or Apple to suddenly 10% is okay?
If I were a conspiracy theorist, I would say that Google and Apple are colluding to get 10% by playing good cop/bad cop. What if 10% was the plan all along, and this is the way they get it?
Is it just me?