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I don’t understand this case. Someone please enlighten me. So the government (ie, a judge) can decide what Apple can or cannot charge developers? What is considered “reasonable” and by whom?

The way I see it, unless the DOJ deems Apple to be a monopoly, then the government should stay out of business decisions and let the market decide.
You’re right. “Gatekeeper” as a legal term is a European creation that essentially means “non-EU company”. Formerly, in the US, a company would have to control a market that’s not defined by using a company’s trademarked names. Standard had a natural monopoly on their stations (there are even laws which say that no one else could even go into that business with that name), but that wasn’t the description of their monopoly. it was “oil”.

In the DOJ case, they’re attempting to say that Apple has a monopoly on Apple products. Which, of course they do. And there’s no legal precedent for it being illegal for any “Company N” having monopoly control over the things “Company N” makes… the things that didn’t exist before “Company N” created them. Even when they try to offer up generic sounding terms, due to Apple’s less than monopoly marketshare in any of them, they’re still not a monopoly. This case is about a pissed off company and a pissed off judge wanting to do something there’s no legal justification for.
 
I am sorry, after I learned that the federal judge decided Apple was guilty of a state law that that state didn’t find Apple guilty of, that judge lost their credibility for me and should have been fired.

Epic’s case never should have be allowed into a court of law, they violated a legal contract.
If there was an issue with the contract, then it should have been the government agency(ies) who, if they had decided to, to follow up and review the contract for possible violations.
 
If Epic ultimately get their way, it's quite simple what Apple will do. Permanently ban Epic as a developer from having an account. There is nothing illegal, about a business deciding to not accept the business of a customer.
Not necessariy true and certianly not true in this situation. In general, it is typically not legal if motivated by retaliation, anticompetitive strategy, or discrimination. Racial discrimination is an easy example.

Specific to this case, anticompetitive certianly applies and probably retaliation, too. The courts have already made decisions like designating Apple as a platform operator with market power, and its developer agreements governed by competition law, not simple contract freedom. They have further designated that platform as an anticompetitive "walled garden" that violates competition law.

Not sure I like the courts' findings, but nevertheless, they exist and no doubt apply to Apple.
 
Imagine a judge getting to decide what commission fees a company gets to collect. Can we have them limit real estate commission or profits on prescriptions?
Regarding real estate commissions, yes, in 2024 courts decided that the National Association of Realtors was violating competitive law and had to allow lower commissions. Folks here seem ignorant that in our capitalist economy, one role of our government is to protect free market competition.
 
I don’t understand this case. Someone please enlighten me. So the government (ie, a judge) can decide what Apple can or cannot charge developers? What is considered “reasonable” and by whom?

The way I see it, unless the DOJ deems Apple to be a monopoly, then the government should stay out of business decisions and let the market decide.
Sounds like you assume the executive branch of our federal government has the power to simply designate a company to be a monopoly and decide how to enforce it. They do not. They would have to take it to the judical branch, same as Epic.
 
Apple now has to return to a lower court to work out what fees it can charge developers who steer customers to outside payment options
How about zero?

Also LOL at Tim Sweeney for continuing to use a 10+ year old photo of himself -- and not even a particularly good one -- for his pfp.
 
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If was as in charge of EPIC. This is what I would have done.

1) Contact SJ and TC about a gaming partnership. Where EPIC creates/ports of as many games as possible to macOS and all iOS/iPadOS systems. Again, as possible. Anything that uses the Unreal Engine that can be ported. We (EPIC) will work together with the hardware and software teams at Apple to ensure top notch games on the Mac.

2) In exchange for that. We are asking for lower commissions on AppStore sales. As we forecast that we will need additional revenue, and don't wish to increase the costs of i.e. "VBUCKS" or the actual cost of games in general, where we can avoid it. We want more people to play, not less. We want to expand games on the Mac, which will increase our income/profits. There by rinse wash repeat. I make money, you make money, everyone makes money.

3) We (EPIC) will push our tools on the Mac. We want more developers using Mac hardware to create games that work cross platform. But, help you (Apple) increase Mac hardware sales in the process. If we use it, others will use it too. If we are at the forefront of Mac development. Using Xcode and our Unreal Engine software. This benefits us both in perpetuity.

We just need a break on the commissions to start. I know this will potentially alter what others may want as well. But, this is what I suggest will be the cost of doing business in this manner. If you help us, we help you. So if any other business wants a break too. They should also advance your (Apple) needs to gain that break.


Say if Microsoft wanted a break. Well, they would have to be prepared to offer something in exchange for that break. Same for Adobe, DaVinci, etc.
But, since they went full nuclear on Apple. AND continue to fight that fight. It's not gonna happen, unless they do a 180 on their thought process. Not like they didn't already LOSE a ton of money and more importantly. Lay-off TONS of people because of it. Time to right the ship Sweeney.
 
If was as in charge of EPIC. This is what I would have done.

1) Contact SJ and TC about a gaming partnership. Where EPIC creates/ports of as many games as possible to macOS and all iOS/iPadOS systems. Again, as possible. Anything that uses the Unreal Engine that can be ported. We (EPIC) will work together with the hardware and software teams at Apple to ensure top notch games on the Mac.

2) In exchange for that. We are asking for lower commissions on AppStore sales. As we forecast that we will need additional revenue, and don't wish to increase the costs of i.e. "VBUCKS" or the actual cost of games in general, where we can avoid it. We want more people to play, not less. We want to expand games on the Mac, which will increase our income/profits. There by rinse wash repeat. I make money, you make money, everyone makes money.

3) We (EPIC) will push our tools on the Mac. We want more developers using Mac hardware to create games that work cross platform. But, help you (Apple) increase Mac hardware sales in the process. If we use it, others will use it too. If we are at the forefront of Mac development. Using Xcode and our Unreal Engine software. This benefits us both in perpetuity.

We just need a break on the commissions to start. I know this will potentially alter what others may want as well. But, this is what I suggest will be the cost of doing business in this manner. If you help us, we help you. So if any other business wants a break too. They should also advance your (Apple) needs to gain that break.


Say if Microsoft wanted a break. Well, they would have to be prepared to offer something in exchange for that break. Same for Adobe, DaVinci, etc.
But, since they went full nuclear on Apple. AND continue to fight that fight. It's not gonna happen, unless they do a 180 on their thought process. Not like they didn't already LOSE a ton of money and more importantly. Lay-off TONS of people because of it. Time to right the ship Sweeney.
Apple could pull a Microsoft and buy them like MS did Bungie, though that mostly made sense because of Halo becoming the key franchise that made many people buy an Xbox.
 
And to anyone that states Apple needed/needs developers to succeed. Case in point. They do not need them as much as they need Apple. EPIC was out on the AppStore globally. Apple still grew. EPIC, lost money and people.
This is not a case in point for every developer vs Apple. Certainly a Microsoft or Adobe will survive. But, it would be a hit to anyones (developers) revenue if they did NOT have Apple to work with. The terms are not unreasonable as is, and I'm willing to bet. Far more negotiable than it appears to be. Provided you're big enough of course to be in position to negotiate. Which I believe EPIC was in before their mistake.

Apple has always tried to push gaming on the Mac. Not always successfully, but they do realize it's important. There has never been a better time to bring gaming to the Mac. Apple has certainly done a lot more work as of late (GPTK, METAL) with both software and hardware. EPIC could have been WAY ahead of that curve, and many games they produce would have been at the forefront of every conference or presentation Apple does going forward. Everyone else a distant second.

I think Tim Sweeney blew it. But, that's MY opinion.
 
And to anyone that states Apple needed/needs developers to succeed. Case in point. They do not need them as much as they need Apple. EPIC was out on the AppStore globally. Apple still grew. EPIC, lost money and people.
This is not a case in point for every developer vs Apple. Certainly a Microsoft or Adobe will survive. But, it would be a hit to anyones (developers) revenue if they did NOT have Apple to work with. The terms are not unreasonable as is, and I'm willing to bet. Far more negotiable than it appears to be. Provided you're big enough of course to be in position to negotiate. Which I believe EPIC was in before their mistake.

Apple has always tried to push gaming on the Mac. Not always successfully, but they do realize it's important. There has never been a better time to bring gaming to the Mac. Apple has certainly done a lot more work as of late (GPTK, METAL) with both software and hardware. EPIC could have been WAY ahead of that curve, and many games they produce would have been at the forefront of every conference or presentation Apple does going forward. Everyone else a distant second.

I think Tim Sweeney blew it. But, that's MY opinion.
Try this with every third party dev and see how fast the iPhone falls in sales. This is a collective action problem, no one developer is important enough to make or break the iPhone, but collectively they all are. However they all compete with each other so have no way to coordinate or act as a group. Hence why governments have had to get involved.

If the iPhone had zero third party Apps I wouldn't own one.
 
Apple could pull a Microsoft and buy them like MS did Bungie, though that mostly made sense because of Halo becoming the key franchise that made many people buy an Xbox.
They certainly could have. However, I think games have to be cross platform/compatible. Apple (macOS) isn't big enough to justify an in house gaming studio. Maybe iOS. But, Windows is the preferred platform. Then Xbox/Playstation, and a distant 4 is Linux and MacOS/iOS. Hardware is one reason, everyone knows x86. But, Windows is the biggest OS globally. So they get the development. Apple would have to support them all to some extent to justify producing any games.
 
Try this with every third party dev and see how fast the iPhone falls in sales. This is a collective action problem, no one developer is important enough to make or break the iPhone, but collectively they all are. However they all compete with each other so have no way to coordinate or act as a group. Hence why governments have had to get involved.

If the iPhone had zero third party Apps I wouldn't own one.
If Apple never made the iPhone, you wouldn't have these 3rd party developers in the first place. Apple built it, they all came along for the ride. And they profited from being on the platform.

To remove the developers all at once now, for sure. The platform would suffer. Many would switch to Android. As that would be the only other option. Now, tell me. Do you think Google will lower their commission if something like that happened?

And at this point. Most of what people need a phone to do. It comes with. Make phone calls, take pictures/videos, Social media, Get on the web. Get directions, listen to music and movies. Finance/Banking for the most part is web based. Apps are nicer but, you can operate many via web page. NFC works for transit, and CC payments at POS terminals. Bluetooth for headphones, and WiFi. Much of the basics are all covered for any mobile phone device. Productivity apps could also all be covered in some way by Apple if they wanted to. If all 3rd party developers left the platform today. I could still operate fairly well on my iPhone.
 
And Epic wants large developers to be valued more than small developers. This whole thing started because Epic wanted better terms than the same ones they’d give a developer with one app.
I think they all should be treated the same and Apple isn’t doing that either. Small developers get half the fee of large developers just for applying for it. Everyone should be treated fairly. If I can sell something outside the Apple Store why should Apple get a cut?
 
don't forget
Tim Sweeney praised the App Store
Screenshot 2025-10-23 at 10.02.08 AM.png
 
If Apple never made the iPhone, you wouldn't have these 3rd party developers in the first place. Apple built it, they all came along for the ride. And they profited from being on the platform.
So did Apple, I've never claimed that it wasn't a symbiotic relationship, that is my point, without 3rd party devs the iPhone isn't the success it came to be. Without the iPhone 3rd party development on phones doesn't grow as quickly.

To remove the developers all at once now, for sure. The platform would suffer. Many would switch to Android. As that would be the only other option. Now, tell me. Do you think Google will lower their commission if something like that happened?
The point of collective action would be to try and get off iOS to force change, at least with Android they could in theory bypass the PlayStore (for registered devs). However this again is a collective action problem, devs are trapped and have no negotiating power. Apple and Google have all the power to dictate terms, this is why governments are getting involved.
And at this point. Most of what people need a phone to do. It comes with. Make phone calls, take pictures/videos, Social media, Get on the web. Get directions, listen to music and movies. Finance/Banking for the most part is web based. Apps are nicer but, you can operate many via web page. NFC works for transit, and CC payments at POS terminals. Bluetooth for headphones, and WiFi. Much of the basics are all covered for any mobile phone device. Productivity apps could also all be covered in some way by Apple if they wanted to. If all 3rd party developers left the platform today. I could still operate fairly well on my iPhone.
If the web was so great why did Apple move away from its plan for everything to be a web app? Would they be competitive if they went back to this? Sure you might be fine but I wouldn't bother with the iPhone if it didn't have apps, Native Apps can access certain features with greater ease than the web apps can as well, there are also still file system and background processing tasks that require native apps...
 
If was as in charge of EPIC. This is what I would have done.

1) Contact SJ and TC about a gaming partnership. Where EPIC creates/ports of as many games as possible to macOS and all iOS/iPadOS systems. Again, as possible. Anything that uses the Unreal Engine that can be ported. We (EPIC) will work together with the hardware and software teams at Apple to ensure top notch games on the Mac.

2) In exchange for that. We are asking for lower commissions on AppStore sales. As we forecast that we will need additional revenue, and don't wish to increase the costs of i.e. "VBUCKS" or the actual cost of games in general, where we can avoid it. We want more people to play, not less. We want to expand games on the Mac, which will increase our income/profits. There by rinse wash repeat. I make money, you make money, everyone makes money.

3) We (EPIC) will push our tools on the Mac. We want more developers using Mac hardware to create games that work cross platform. But, help you (Apple) increase Mac hardware sales in the process. If we use it, others will use it too. If we are at the forefront of Mac development. Using Xcode and our Unreal Engine software. This benefits us both in perpetuity.

We just need a break on the commissions to start. I know this will potentially alter what others may want as well. But, this is what I suggest will be the cost of doing business in this manner. If you help us, we help you. So if any other business wants a break too. They should also advance your (Apple) needs to gain that break.


Say if Microsoft wanted a break. Well, they would have to be prepared to offer something in exchange for that break. Same for Adobe, DaVinci, etc.
But, since they went full nuclear on Apple. AND continue to fight that fight. It's not gonna happen, unless they do a 180 on their thought process. Not like they didn't already LOSE a ton of money and more importantly. Lay-off TONS of people because of it. Time to right the ship Sweeney.
I have said something similar for a long time. The people running Apple are not stupid, if you could have gone to them with the right offer and worked something out, then this whole crap show could have been avoided.
 
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If Apple never made the iPhone, you wouldn't have these 3rd party developers in the first place. Apple built it, they all came along for the ride. And they profited from being on the platform.

To remove the developers all at once now, for sure. The platform would suffer. Many would switch to Android. As that would be the only other option. Now, tell me. Do you think Google will lower their commission if something like that happened?

And at this point. Most of what people need a phone to do. It comes with. Make phone calls, take pictures/videos, Social media, Get on the web. Get directions, listen to music and movies. Finance/Banking for the most part is web based. Apps are nicer but, you can operate many via web page. NFC works for transit, and CC payments at POS terminals. Bluetooth for headphones, and WiFi. Much of the basics are all covered for any mobile phone device. Productivity apps could also all be covered in some way by Apple if they wanted to. If all 3rd party developers left the platform today. I could still operate fairly well on my iPhone.
Thats... ....can't find a phrase that would make moderators happy

Apple didn't cause most of these businesses to suddenly appear. Out of the hundreds of apps I have, what are most of them? Physical stores, banks, online stores, restaurant chains. Places that existed BEFORE the iPhone was ever introduced.

Things that could have been done via web application (and actually ARE done with web application for desktop users). Its a convenience to me that I can quickly login via the apps, use the phone to authenticate me, and have a first-class experience. Its not creating these companies from scratch....Target, HomeDepot, Capital One, Barclays, Discover, they all existed before the iPhone.

Now, these companies aren't getting charged by Apple because they sell physical things or they are banks.... so Apple makes everyone else subsidize them. Maybe they should just go down to a distribution fee, $x per thousand downloads similar to the cost of distributing something over the web. Then the typical 3%+little margin for credit card + platform fee if you *chose* to use Apple's payment system. 30% is ridiculously outragous.

And no, iPhone wouldn't be where it is today without the 3rd party devs. As someone who used the first iPhone, while impressive - it was extremely limited before the App Store.... now the phones cost what, 2-3x what they did back then? And what exactly are you paying for, do you need all that high-powered silicon for browsing the web and the built in photos app and Notes? The Windows phones I had previous to the first iPhone, while being low quality, you could bring your own Windows CE apps because that was expected of anything that was sold as a general purpose computing platform combined with a phone.

Not to mention, soon the US will be the only country under law that isn't banning this way of doing business. Countries all over the world have said no, charging 30% fees for something you didn't actually create (the apps, or even moreso digital content) and costs you minimal overhead is not acceptable. So, if you want to give money to apple that they didn't earn, I guess have at it. The rest of the world has already moved on from this argument.

This isn't a "Well walmart gets to make x%" comparison either covering their costs. Walmart and most modern retailers RENT shelf space, and if a product doesn't sell they make the vendor take it back. They have physical storage costs to cover, employees, theft. It does not compare to virtual distribution in any way.... Walmart charges about 25% markup, but net margins after all of those costs is around 4-5%. Digital distribution does not have those same expenses, and unlike say AI, running digital distribution is a well solved, low cost and cleanly scalable operation in 2026... if Walmart sells you a 3rd party device with subscription, or a magazine with subscription cards inside, Walmart is not entitled to collect money for things they actually didn't sell.

And quite frankly, since my phone isn't subsidized by Apple, I am paying for all the R&D that went into the phone. If its "not enough" at their 60% margins on the Pro Max line of phones to cover the R&D, then they are doing something wrong. Apple under Tim Cook has just been plain greedy, pushing record profits for shareholders while gouging everyone with pricing on RAM and storage that the same as buying it 10-years ago because some people seem to think Apple is entitled to it and keep paying for it. Apple would still be very profitable without pulling all this crap, and honestly.... maybe if their margins were a bit tighter they'd feel the fire under them to innovate instead of just coasting.
 
I have said something similar for a long time. The people running Apple are not stupid, if you could have gone to them with the right offer and worked something out, then this whole crap show could have been avoided.
I am pretty sure the original lawsuit included attempts for them to negotiate with Apple on multiple occasions if I'm not mistaken.
 
Apple charges developers way too much for too little and needs to lower their fees, but I kinda hate Epic more than Apple right now. Epic lost so much money on these lawsuits and giving away free games. They still have the absolute worst game launcher and Valve is dominating.
 
I am pretty sure the original lawsuit included attempts for them to negotiate with Apple on multiple occasions if I'm not mistaken.
I believe you are right, just goes to show that their negotiator sucked at their job.

Apple has marketed the Apple Store as the same rules (with minor exceptions for certain kinds of apps) since pretty much the time they gave birth to it.

I don’t know if the terms of those negotiations ever made it to the public eye, and with how Epic has gone about it, they have clearly shown the only people (developers/studios) they care about are themselves.

I am sure there is some collective or coalition out there for studios and/or publishers that could have as a collective whole approached Apple and gotten more favorable terms for everyone.

There is probably some agreement behind the scenes with Apple, Ubisoft, Capcom and some of the other studios who have been recently bringing AAA games to Mac. Heck, Cyberpunk 2077 got released along side new Metal API, so clearly they had access to the beta of that tech while developing the Mac port.
 
In the DOJ case, they’re attempting to say that Apple has a monopoly on Apple products. Which, of course they do
They have a monopoly over their own phones and apps - and can price them any way they want.
They have also monopolised distribution of apps and in-app purchases to a large segment of all smartphone users.

That's why they're being regulated in that that important market and prevented from abusing their power anticompetitively.
 
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