Court Rules Apple Can Be Sued for Monopolizing iPhone App Market

[BootsWalking]

Get ready for unchecked and infected apps out in the wild...

Perhaps. But whenever a corporation engages in antitrust behavior under the guise of protecting the consumer - grab your wallet.
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The lack of competition and price argument is facetious. Apps compete against each other on the same terms, not across different sources.

I win. Next.

When 30% of the price is fixed for the distribution of the app it's hard to argue that developers are free to compete which each other on price. That's like saying supermarkets are free to compete with each other on the price of bananas as long as the price is over $0.59/pound.

 

[usarioclave]

This is interesting.

 

[ReneR]

So, if I want my grocery store to sell gold bullion but they do not, I have the right to sue them? Hahahaha!

??? You did not really understand the previous analogies.

If your grocery store does not sell your example gold I can go to your next example gold store.

Can I go with my iPhone to the next virtual AppStore?

Ah, ic, that is where your example falls flat, .... bummer.

 

[kingtj]

True - but by opening it up to other App Stores Apple has no control over, it means those alternative ones can sell spyware or malware infected apps that wreak havoc with iPads and iPhones, and hurt the perceived value of those products.

It also means people could sell you apps that Apple doesn't ever want to see on their product line, like pornographic apps.

Having other stores does not remove your ability to only shop at Apple's, if you so wish.

People should have the ability to decide for themselves.

 

[ReneR]

Uhm, can't people already jailbreak and install whatever they want? Or is that too much effort for some people?

I like that Apple has some say/control over the App Store. They created the devices and the store. As a user I expect that Apple certifies the apps that I am downloading from the App Store and that they are safe. If someone downloads a third party app then they are on their own and cannot come back to Apple for a fix to iOS due to a malicious app.

I often took a year+ for a jailbreak to be developer for a new iHardware. Also Apple is usually good in closing those security holes in the next iOS update.

Jailbreaks are not a substitute for control over your hardware and a free market.

 

[brendu]

Most joe users I know unfortunately always tap on "continue, ignore, go away" button no matter if it is a SSL cert, security warning, or otherwise.

True. It would have to be big bold text. One sentence and hell, toss in a skull and crossbones.

 

[ReneR]

True - but by opening it up to other App Stores Apple has no control over, it means those alternative ones can sell spyware or malware infected apps that wreak havoc with iPads and iPhones, and hurt the perceived value of those products.

It also means people could sell you apps that Apple doesn't ever want to see on their product line, like pornographic apps.

While I agree about spyware, such malware often slipped thru Apple's review fingers to start with. And it also takes an uneducated user to install, ..

But aside form this: who gives apple the right to censor good p0rn for us? If some interested adult wants to consume that why not? it is not that he can not google it in Safari always, ... *headshake*

 

[code-m]

It's not like Apple is prohibiting anyone from buying Android Apps? I do not understand how this can possibly be seen as a monopoly. There are multiple alternatives to the App store, and nothing stopping one from using them, unless I am missing something?

Lets compares this to MacOS. Apple makes and develops it and allows apps to be installed via MAS and third-party. You as a consumer have the choice, if you risk the security you have been provided a warning and apps are sandboxed.

Lets look at iOS. Apple makes and develops it and allows apps to be installed via AppStore. Any third party is not allowed, developers can temporary "side-load" apps via DevTools for about a week. If you want to have it there longer you have to pay. This is restricting and limiting my usage for the hardware and software I purchased. The same limitation is not placed on MacOS.

On Android you can install apps via the Google Play Store or side-load, I have done this too. Regardless if you are a developer or not, if you are a beta-tester or just like learning about technology and how it works you are not limited to do so. No requirement to pay to have and run your own developed APK on android.

We can also look at Windows OS and Linux OS, however I believe the point is clear.

I completely agree with this court action, it's about time. Though I do not jail-break my iOS device with the possibility of voiding the warranty, I would still love the opportunity to develop my in-house apps for personal usage without the week limit placed to sign apps via DevTools. If I want to place it on the AppStore I understand, however if I want to use it for personal and family use, I am being restricted by Apple.

Please do not counter-argue that there are other options available, we can go about this all day. If Apple considers the iPad a computer and, many say smart phones are more powerful then computers 10+ years ago, I see no difference between a desktop OS and a mobile OS, its similar to someone preferring to work at a desktop and another at a laptop even though their may or may not be using it for mobile use.

About time.

 

[J InTech82]

Is this really so hard to understand? There are absolutely NO alternatives to buying IOS(!!!!) apps other than Apple's own app store. With the large market that Apple owns, this IS a problem for customers because there is no competition.

The comparison with IOS vs Android has abolutely nothing to do with it.

Now imagine a world where Windows applications could only be bought from Microsoft. You would be screaming havoc -- even though there are the Mac and Linux. But the fact that there are other operating systems doesn't really help the majority of Windows users, does it?

This lawsuit against Apple is long overdue.

So Apple is forcing you to buy an iPhone? If you don't want to be apart of Apple's ecosystem then buy a different phone.

 

[ReneR]

True. It would have to be big bold text. One sentence and hell, toss in a skull and crossbones.

Even bold text does not help, I guess even biohazard emoji most users would still click :-/

 

[ObsidianIce]

Flawed Analogy. Better comparison would be all the restaurants are in a Strip mall owned by one company...and they pay rent...but they set their own prices.

Good news indeed.

The restaurant comment is pointless, how about you change that to "all the restaurants are owned by one company" so they can not only set the menu, they control the price too. Opening this up will be a plus for all. If you want to eat at apple still, you can, if you want to walk down the road you also "could"..

 

[code-m]

I thought the purpose of selling within the App Store was to protect iOS users from malicious software.

At least that was the official reason...

A convenient reason for Apple. MacOS is open to install from the MAS or any other place.

 

[ScottHammet]

This does make sense but even if google or amazon were to release app marketplaces for iOS I would still buy through Apple. If a smaller party could put together a good enough alternative I might try it but not amazon or google who are the obvious alternatives who would jump at the opportunity to sell apps on iOS.

Edit: also, it raises a concern. If Apple isn't vetting the apps who is to say they aren't dangerous or malicious? Apple could make it so that if you try to download an alternative App Store you have to agree to a warning that it could compromise the security of your device. Most people would stop right there.

Malware is a real concern. For those that aren't concerned about it, they should be. Phones increasingly hold the most important information a person possesses, and it's one rogue app away from being stolen.

 

[kingtj]

Apple doesn't ever stop you from looking at porn... They just don't want people using their device to market it via apps that stay installed as part of what your phone does on its menus of options.

Again, if you have a problem with this, there are plenty of other phones or tablets you can buy that won't have this restriction. But the fact Apple enforces it actually adds value for many people who like the extra assurance that those things won't be seen/used by their kids who they want to buy the devices for. Many others simply don't care, because they don't find this any significant inconvenience or downside.

While I agree about spyware, such malware often slipped thru Apple's review fingers to start with. And it also takes an uneducated user to install, ..

But aside form this: who gives apple the right to censor good p0rn for us? If some interested adult wants to consume that why not? it is not that he can not google it in Safari always, ... *headshake*

 

[ReneR]

So Apple is forcing you to buy an iPhone? If you don't want to be apart of Apple's ecosystem then buy a different phone.

Ford is forcing you to buy a Ford, Hover to buy you a hover, or Frigidaire to buy a fridge? What argument is that?!???

 

[Naraxus]

Here's my whole issue with this lawsuit: Let's say Apple's forced to open up iOS to allow outside apps to be downloaded for places other than the App Store. Someone downloads a malicious app that steals their data, bricks their phone or something else.

Who do you think is going to be sued for that malicious app? The app developer or Apple for "Not doing enough to safeguard people from malicious apps"?

Look I have my critiques of Apple but on this one I think they're in the right.

 

[ReneR]

Apple doesn't ever stop you from looking at porn... They just don't want people using their device to market it via apps that stay installed as part of what your phone does on its menus of options.

Again, if you have a problem with this, there are plenty of other phones or tablets you can buy that won't have this restriction. But the fact Apple enforces it actually adds value for many people who like the extra assurance that those things won't be seen/used by their kids who they want to buy the devices for. Many others simply don't care, because they don't find this any significant inconvenience or downside.

Why should I as a developer be forced to give apple 30% of my sales?

Why should I as a user be limited to what I load on my device?

Why should anyone buy something else if they like the glossy rounded rectangle most?

 

[PurpleDragon]

I think many people are missing the point regarding this decision. This is not about AppStore. This is about an ability to create and install apps without the need to purchase Apple Program and go via app review (or bypassing it in Enterprise Program but with legal obligation to limit access to compiled binaries).

Actually, MacOS apps can be compiled and distributed freely - Apple even gave developers capabilities to have trust certificates from Apple to have good trust level when distributing apps outside of the Mac App Store. As far as I understand, this litigation is about having the same possibilities for iOS too. If my understanding is correct, I support this decision. This is actually the main reason jailbroken process exists.

I think Apple should not be concerned that users will be installing third-party rogue apps. First of all, if a user installs apps outside of legitimate source (Apple App Store) then he should take responsibility for possible consequences. Secondly, iOS is very secure by itself which means apps are always running in separate "Sandboxes" and ability of each app to perform insecure operations are either blocked on system level (i.e. app just cannot bypass it) or it will be intercepted by iOS system and notification/confirmation will be popped up to the user if he wants this operation to be performed.

 

[code-m]

Yes, the problem with the App Store is that it's too expensive. Sure!

These people are ridiculous. If anything the App Store created a race to the bottom—the likes of which the software industry has never seen before! Loads of 99 cent crap and freemium garbage.

Though my purchases have been minimal from the AppStore, I will not say that it is expensive. I would prefer the opportunity to install self-developed or their-party apps outside the AppStore. I understand the risk and am fine with it. I also know that jailbreaking is an option, however that is not what I want to do. I just want to "side-load" apps even via DevTools that stay on my iOS device without the week limit.

 

[Stella]

Wow, this is totally unexpected.

Now, there will be lawsuits and apple will have to defend them.

If Apple is sued and loses, and is forced to allow 3rd party app stores - it really doesn't change anything. Just continue to buy from Apple App Store. Not a big deal! Not one is forcing you to buy anywhere else but the official Apple Store.

Uhm, can't people already jailbreak and install whatever they want? Or is that too much effort for some people?

Jailbreaking is a moving target and not sanctioned by Apple. The "not sanctioned" party is probably the issue for the courts, otherwise there could be 3rd party app stores.

 

[J InTech82]

Please do not counter-argue that there are other options available, we can go about this all day. If Apple considers the iPad a computer and, many say smart phones are more powerful then computers 10+ years ago, I see no difference between a desktop OS and a mobile OS, its similar to someone preferring to work at a desktop and another at a laptop even though their may or may not be using it for mobile use.

About time.

Don't counter-argue?

To add to this, I just went to a known Mac website and while the page was loading it triggered a script and launched the App Store for no reason. Didn't even go to the webpages app. So what happens if there are multiple stores on the iPhone to download apps? I go to a known site and all of a sudden a script launches an App Store and downloads malicious software on my phone. Yeah, that can happen. What would stop companies from doing this?

 

[johnnyrb]

This is ridiculous.

 

[OLDCODGER]

I think many people are missing the point regarding this decision. This is not about AppStore. This is about an ability to create and install apps without the need to purchase Apple Program and go via app review (or bypassing it in Enterprise Program but with legal obligation to limit access to compiled binaries).

Actually, MacOS apps can be compiled and distributed freely - Apple even gave developers capabilities to have trust certificates from Apple to have good trust level when distributing apps outside of the Mac App Store. As far as I understand, this litigation is about having the same possibilities for iOS too. If my understanding is correct, I support this decision. This is actually the main reason jailbroken process exists.

I think Apple should not be concerned that users will be installing third-party rogue apps. First of all, if a user installs apps outside of legitimate source (Apple App Store) then he should take responsibility for possible consequences. Secondly, iOS is very secure by itself which means apps are always running in separate "Sandboxes" and ability of each app to perform insecure operations are either blocked on system level (i.e. app just cannot bypass it) or it will be intercepted by iOS system and notification/confirmation will be popped up to the user if he wants this operation to be performed.

Currently.

 

[Karma*Police]

Abuah?!

what?

listen, i'm all against monopolistic competitive practices.
I'm all for releasing some stranglehold on economies that filthy rich have. i'm all for competition for luxury items.

but There's no monopoly here. If you don't like Apple's app store policy, There's a giant swath of Android manufacturers out there offering competitions, many come with their own App stores. If you're looking for an open and free market, that exists.

But where then does this "monopoly" end? What about OS? Apple has 100% of iOS installations on iPhones. is that not a monopoly preventing me choice of what OS I want? (although, I would love to buy an iPhone running android )


this is a slippery slope. Sometimes, yes, Lawsuits are required to keep a company in check, but sometimes, these things are more dangerous to the market than helpful

But always helpful for the lawyers!

 

[kingtj]

Why should Apple be forced to pay for all the bandwidth used when people either download your app or simply browse the reviews and description of it? Why should Apple go to the effort required to keep your app indexed in a search database it maintains so it comes up when people put in appropriate key words? How much more does it cost Apple to maintain the whole shopping cart portion of its online App Store that allows people to buy your app using iTunes gift cards and all that?

I just don't get the point of the complaints about the 30% cut or $99 per year fee? If you're remotely serious about developing anything for iOS that you want others to easily find in searches and download, it's pretty equivalent to what you'd spend to market your software any other way.

As a user, you're not REALLY limited as to what you can legally load onto the device. Apple simply has no interest in making that easy or convenient to do. It's in the business of providing (as I said before) a whole "environment". Buying something from Apple means you're buying into that whole "experience" - including the support they provide at their retail stores and a product that works the way THEY envisioned it would work. Jailbreaking is legal, if you have the knowledge to do it -- but by going that far outside what Apple encourages you to do with the device, it's obvious you're on your own at that point. (Nobody in their right mind would research a jailbreak for the iPhone, install special software from 3rd. party web pages to use it, and do all of the extra steps needed to make actual use of it, and NOT have a clue they weren't just doing something Apple supported.)

Why should I as a developer be forced to give apple 30% of my sales?

Why should I as a user be limited to what I load on my device?

Why should anyone buy something else if they like the glossy rounded rectangle most?