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I think it’s telling that the only “testimonials” we have heard so far are from developers with an axe to grind against Apple.

The app store does not exist for developers. It exists for us consumers, yet the whole lawsuit seems to treat us as being non-existent.

Why haven’t we heard anything from consumers about how they have supposedly been harmed by App Store rules? Because I believe that once you dig deeper, you will find the majority of users have benefited from the current App Store rules in the form of better security and ease of use, and that they will be generally in favour of a locked down App Store model compared to what you will find on Android or even MacOS.

The app store does not exist for developers. It exists for us consumers, yet the whole lawsuit seems to treat us as being non-existent.

Ummm...then who makes the apps for the consumers? The developers. And there are a lot of developers speaking out against Apple, not just a couple disgruntled ones
 
I liked unreal tournament but I don’t like the direction of Epic these days. I do think 30% is too high a cut and have thought that from the beginning. But I do think they should get some cut. 20% seems fair especially since they are handling payment systems and the various tax laws, etc.

To me developer fee is just a capital expenditure and the Apple cut is an operating cost.

I have never heard a valid reason behind people's arguments here. Why do you feel 30% is too high? Is that compared with the industry standard of 30%? If Apple was the only one taking a 30% cut it would be easier to understand people's logic here. But I just don't understand why people feel 30% is too high but are fine with other companies taking 30% too.
 
No, that's not what the footnote says at all. The words "this basic distinction" refers to the distinction between using server-gated changes to fix bugs and using them to add new features.

The judge is saying that the record stats that these sorts of changes are only used in serious emergencies. However, that is, in fact, the exact opposite of how they are actually used. Hot fixes to work around bugs are impossible in iOS, because code signature validation prevents it. The only thing you can meaningfully do on iOS is turn on or off features that are already baked into the code.

The other thing you can do, if a lot of your functionality is actually server-side, is to change the server-side behavior, but that, too, is not primarily used for bug fixes; it is, in fact, the way all features on highly server-driven apps are released. And most developers do release them retroactively to the earliest version that supports the feature. Again, this is industry-standard practice.

Now it may be that Epic's lawyers are incompetent, and failed to explain how modern software development works, but regardless of whose fault it is, what I read in this footnote is mind-bogglingly out of touch with the modern world of software development.

I am not sure I am following your logic. Are you saying EVERY POSSIBLE CHANGE to iOS apps is a server side change when the code has been in the app for weeks/months? I have a whole list of update notes for apps I have that just now introduce new features.

Even if what you say is true, should my App be allowed to remain if I flip a switch to an app that just shows adult material?
 
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As cmaier indicated, it was Epic which described this is a hot fix.

If I remember previous filings correctly, Epic claims that it had long included check-on-start-up functionality in Fortnite. With version 13.40, Epic built into the app the ability to show multiple payment options for IAPs. At start-up the app would check with the server to find out if it should show an additional payment option. At some point Epic's servers started telling the Fortnite app, when it checked, that it should show the additional payment option. So it did. That was the hot fix at issue here.
It is also a misuse of the term hot fix. Hotfixes are typically referred to as immediate urgent updates to fix an issue. This was a standard update, not a hot fix.

A hotfix or quick-fix engineering update (QFE update) is a single, cumulative package that includes information (often in the form of one or more files) that is used to address a problem in a software product (i.e., a software bug). Typically, hotfixes are made to address a specific customer situation.

Go to any real software development company. Code changes that can wait for weeks are referred to as just updates. Code changes that need to get out NOW...Customers are calling in non stop, our product is broken - these are hot fixes. Why do you think it has the word "hot" in the name people?

I have been doing this for over 20 years. I have never heard software development companies refer normal updates like what Fortnite did as a hot fix. Its always been "We released version 4 to the customer but they cannot open the product at all due to error XYZ, you need to work after hours and on the weekend to create a hotfix that needs to go out ASAP so the customer can use the product". Its a "hot" fix, name tells you all.
 
Umm.. no. Gating new features behind flags so that they can be turned on after an app has been shipped to the user has been standard industry practice in the mobile space for a very long time — pretty much since the dawn of iOS development. I don't know any company out there that doesn't do that, precisely because fully testing a new feature perfectly is hard. So instead, they test it to the maximum extent possible, then turn it on for some subset of users, then eventually turn it on for all users.

The judge's adamant refusal to understand how flag-guarded features work or the difference between a hot patch (uploading new executable code to run on the device itself, which is almost completely infeasible in iOS) and changing server-side or server-gated client-side behavior is not only baffling, but undermines her credibility with the industry.

But didn’t Epic admit to deploying a hotfix (patched code)?


Edit: next time I will read all of the posts before making a reply.
 
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It is also a misuse of the term hot fix. Hotfixes are typically referred to as immediate urgent updates to fix an issue. This was a standard update, not a hot fix.

A hotfix or quick-fix engineering update (QFE update) is a single, cumulative package that includes information (often in the form of one or more files) that is used to address a problem in a software product (i.e., a software bug). Typically, hotfixes are made to address a specific customer situation.

Go to any real software development company. Code changes that can wait for weeks are referred to as just updates. Code changes that need to get out NOW...Customers are calling in non stop, our product is broken - these are hot fixes. Why do you think it has the word "hot" in the name people?

I have been doing this for over 20 years. I have never heard software development companies refer normal updates like what Fortnite did as a hot fix. Its always been "We released version 4 to the customer but they cannot open the product at all due to error XYZ, you need to work after hours and on the weekend to create a hotfix that needs to go out ASAP so the customer can use the product". Its a "hot" fix, name tells you all.
Again, that’s just irrelevant semantics. Epic says it was a hotfix. Their lawyer says it was a hot fix. They submitted a sworn declaration from their engineer who called it a hot fix.

And the judge called them out for playing games.
 
That's unfortunate. Their lawyer needs to learn the difference between a server-gated launch and a hot fix. This is the former. As I said, the latter can't be done (meaningfully) in iOS, because it is not possible for iOS to run code that was not compiled into the executable when it was signed. (The OS will quite literally kill the process instantly if it tries; that's why UIWebView is so slow compared with WKWebView; it's a pure interpreter because it can't do run-time compilation of the JS into native code.)




And again, not a hot fix.

You do understand that this is quite literally EXACTLY what nearly EVERY app on the iOS App Store does, and that it is how most developers launch features, right? The only thing even slightly unusual is that they're doing it with their own servers rather than using Firebase or some other A/B testing framework that talks to a server owned by somebody else. Otherwise, yes, that's how modern software development is done, typically.

I am not sure you are understanding hot fixes? They can certainly be done on iOS. I have seen them. They are just urgent updates. Maybe if you go to this section of the app and do this one thing it crashes the app. But a lot of our customers are calling us about it. So all the developers drop what they are doing, and working on this urgent update to the app to prevent the crashing (what a hot fix is), submit it for code review, and get it released. Customers update the app and are good to go.

I am not sure why you think hot fixes are impossible on iOS. They are just urgent updates.
 
I think it’s telling that the only “testimonials” we have heard so far are from developers with an axe to grind against Apple.

The app store does not exist for developers. It exists for us consumers, yet the whole lawsuit seems to treat us as being non-existent.

Why haven’t we heard anything from consumers about how they have supposedly been harmed by App Store rules? Because I believe that once you dig deeper, you will find the majority of users have benefited from the current App Store rules in the form of better security and ease of use, and that they will be generally in favour of a locked down App Store model compared to what you will find on Android or even MacOS.

The app store does not exist for developers. It exists for us consumers, yet the whole lawsuit seems to treat us as being non-existent.
Piss off the developers, and consumers will get fewer apps. Until the 2010s, it was really hard to find Mac-compatible software because Apple kept changing APIs under devs' feet. And it's still hard to find Mac-compatible computer games because Apple declared war on OpenGL after propping it up forever.

Yes, Windows had more marketshare, but also developing for Windows was/is a piece of cake, and your software would last forever (literally 22 years in many cases so far). Part of that marketshare came from consumers preferring the OS that had all the software, despite the OS itself being trash.

On iOS, Apple treated their devs much more nicely, and now there's a great market. Street wisdom when I worked in SF four years ago said that Android devs were harder to find than iOS devs. But that can change.
 
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Again, that’s just irrelevant semantics. Epic says it was a hotfix. Their lawyer says it was a hot fix. They submitted a sworn declaration from their engineer who called it a hot fix.

And the judge called them out for playing games.
If they are calling it a hot fix to justify their actions, then I think it is relevant semantics.
 
Ummm...then who makes the apps for the consumers? The developers. And there are a lot of developers speaking out against Apple, not just a couple disgruntled ones

If conditions were so bad on the iOS App Store, developers would have gone on to develop exclusively for android long ago. The reason they don’t is because the iOS platform is still the more lucrative of the two, ironically because of the aforementioned features (lower incidence of piracy, Apple having aggregated the best customers, and providing a safe and secure environment for customers to purchase apps from).

What’s happening now is that with so many developers in the App Store, everyone’s share of the pie is now smaller, so the only way left to increase their revenue is to go after Apple’s 30% cut.

It’s sheer greed and ingratitude at its finest. Companies like Spotify and Epic didn’t make any noise when leveraging on Apple’s lucrative install base to quickly reach out to hundreds of millions of users, and after they have reaped all the benefits from Apple that they could, they are now deciding to bite the hand which feeds them.

Make no mistake - this move is solely for their own benefit, not that of the consumers. If Steve Jobs were still alive, he would have made an example of them long ago.
 
Is there a legal requirement for apple to allow any 3rd party apps? Would apple be justified in just closing the App store? I dont really get this argument. Iif apple would be legally justified in releasing a device with no app store, why is there a problem with a “gatekeeper” type app store.

there are millions of devices where developers have no access to the device.
 
Is there a legal requirement for apple to allow any 3rd party apps? Would apple be justified in just closing the App store? I dont really get this argument. Iif apple would be legally justified in releasing a device with no app store, why is there a problem with a “gatekeeper” type app store.

there are millions of devices where developers have no access to the device.
I agree. This eventually comes down to government telling a company how to operate. Obviously they are not doing anything illegal so this argument would be different in that scenario. But there is no precedent to force a company to operate a certain way.

If Apple says "okay no apps on iOS then", does that mean the government can force Apple to use revenue to keep developers hired to maintain app functionality on iOS? Will the government pay Apple then if they force them to do this?

I think this can eventually lead to a situation where the government has no business being so involved with how a company operates.
 
If they are calling it a hot fix to justify their actions, then I think it is relevant semantics.
All i’m saying is that the argument about what a hot fix is or isn’t on this board is meaningless. What matters is that epic told the judge it was a hot fix, and said they routinely do hotfixes, and then tried to say “since we routinely do these and they are harmless, this last one is not a problem.” Which is cuckoo logic.
 
Both Epic and Apple have a dark side, both in the pursuit of maximizing profit. EPIC acted like a spoiled kid. However I do feel that Apple's business model within the App Store is not transparent or fair and I am not referring to the 30% cut. Nobody is an angel here.
 
All i’m saying is that the argument about what a hot fix is or isn’t on this board is meaningless. What matters is that epic told the judge it was a hot fix, and said they routinely do hotfixes, and then tried to say “since we routinely do these and they are harmless, this last one is not a problem.” Which is cuckoo logic.

I don't know why you are making such a big deal about us discussing them misusing the term hot fix. Generally most discussions on this board are meaningless other than just having conversations. The judge isn't basing their verdict on our messages, neither is Epic or Apple going to change based on what we say here. They don't even read it most likely, so we cannot really have any meaningful impact on these conversations.

Their use of the term is 100% incorrect. Just like if I call a duck a goose. Someone would definitely comment saying I am referring to the wrong animal! 😃

Even if just one person realized hot fixes meant something else, then I think my comment is meaningful.
 
Ummm...then who makes the apps for the consumers? The developers. And there are a lot of developers speaking out against Apple, not just a couple disgruntled ones
A lot? Do tell. Many devs don't seem to be having any issues having their apps on the platform.
Also, nobody's stopping those devs to be Android exclusive (and some decided to do just that). Android's much larger market share is more lucrative.
 
If they are calling it a hot fix to justify their actions, then I think it is relevant semantics.

I don’t think they’re calling it a hotfix to justify their actions. When it comes to the legal consideration, it doesn’t much matter whether they call it a hotfix or a chimichanga. They‘ve explained to the court what they’re referring to.

I think they‘re calling it a hotfix because, according to Epic’s Technical Director of Engineering, that’s how it’s typically referred to internally at Epic.
 
I don't know why you are making such a big deal about us discussing them misusing the term hot fix. Generally most discussions on this board are meaningless other than just having conversations. The judge isn't basing their verdict on our messages, neither is Epic or Apple going to change based on what we say here. They don't even read it most likely, so we cannot really have any meaningful impact on these conversations.

Their use of the term is 100% incorrect. Just like if I call a duck a goose. Someone would definitely comment saying I am referring to the wrong animal! 😃

Even if just one person realized hot fixes meant something else, then I think my comment is meaningful.


The only ones making a big deal are the nerdsplainers with the “Actually, the lark is nature’s most UNhappy bird” talk. I’m just pointing out that it’s besides the point. The interesting bit is that the judge is onto Epic, and told them so.
 
I don’t think they’re calling it a hotfix to justify their actions. When it comes to the legal consideration, it doesn’t much matter whether they call it a hotfix or a chimichanga. They‘ve explained to the court what they’re referring to.

I think they‘re calling it a hotfix because, according to Epic’s Technical Director of Engineering, that’s how it’s typically referred to internally at Epic.
That has me worried about the software development at Epic. What do they call real hot fixes then?
 
The part I bolded isn't quite true. Indeed, Epic was able to get a preliminary injunction (and previously a temporary restraining order) with regard to the Epic affiliates (affecting, e.g., Unreal Engine) even though the court found that Epic had not demonstrated a likelihood of success on the merits.

You've correctly paraphrased the Winter factors that apply when considering a preliminary injunction or temporary restraining order. But a moving party can get a preliminary injunction (or temporary restraining order) even if it is only able to show there are serious questions on the merits, so long as it can show that the balance of equities tips strongly in its favor and it's able to make the required showings on the other two Winter factors.

You need to tell that to the court then as that is their statement. Ask them if you can be an advisor in May if the Judge needs some help.
 
You need to tell that to the court then as that is their statement. Ask them if you can be an advisor in May if the Judge needs some help.
No, the court didn’t say that.

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Some of us remember the earlier days of Apple where their market share was small and their shelf presence was even smaller. If you wanted Apple software and went to the likes of CompUSA, BestBuy, Circuit City, or Fry's Electronics, you'd end up in a Mac section (maybe) with your choice of "Mavis Beacon Teaches Typing" or versions of Microsoft Office or Virtual PC that were two releases behind being current (yet still at the full price).

Apple built their Apple Store (both the physical ones and the software stores for iOS and Mac) to eliminate the appearance that they were so much a niche product. No longer would you go to a big box store and be told "Why do you want a Mac? This Celeron-based Gateway 2000 is what you really want!" The same goes for the software.

You want it done right, you do it yourself. They did. This certainly had a benefit for Apple but it also had a benefit for the developer. No longer was "shareware" the only way to get Mac or phone software that may or may not actually work and may or may not be of questionable origin. And, if that didn't work, Google, Amazon, Microsoft, and others wouldn't have followed that path so quickly.

Is 30% too much? That's a business decision. But, if 40% of your sales are coming from a platform with 10% of the potential users (made up numbers here; this is going to vary per company/product), then I'd wager Apple's doing something more for you than just hosting a download link. If it's the other way around (fewer customers than percent of potential customers) I'd say a good business decision would be to drop that platform altogether. That seems to be the choice Epic made.
 
I liked unreal tournament but I don’t like the direction of Epic these days. I do think 30% is too high a cut and have thought that from the beginning. But I do think they should get some cut. 20% seems fair especially since they are handling payment systems and the various tax laws, etc.

To me developer fee is just a capital expenditure and the Apple cut is an operating cost.

When Steve announced Apple would only take 30%, developers were ecstatic, especially since many were getting less than 50% under the traditional retail model. The problem is this sense of entitlement that’s so pervasive in our culture. What makes people think they have the right to determine what someone else should charge for their product or service? What makes 20% fair but not 30%? If Apple charged 50%, then people would say that a much more fair rate would be 40% or 30%. No one is forcing these developers to develop for iOS. Don’t like it? Develop for Windows. Or Mac. Or don’t develop at all. But don’t sign a contract then get greedy and say that Apple is taking too much as if it’s some kind of surprise.
 
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