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Not a lawyer, but didn't the contract exist prior to Apple having "monopolistic" power. Would a contract that was formed prior to having that type of "control" be now made invalid due to having that "control"? Especially if the terms had not changed to substantially to take advantage of that control. If I recall when the App Store was created (2008), Apple had a 19.2% smart phone market share. Since Apple's growth took place organically without changing the the contract terms, does the changing marketpower require a change in a static contract?
Non-negotiable “contracts of adhesion“ typically don’t have the enforceability of a contract hashed out in detail between two parties since a contract is supposed to be a “meeting if the minds”.
 
Apple is doing exactly what it should be doing. People who have issues with the way Apple is running their business have options -- that is the most powerful option. Vote with your $$$.
Unfortunately it doesn’t work that well, that’s why regulators exist because voting with your dollars doesn’t mean harm isn’t done. And literally voting have spoken.
I’ve made this argument before. Why don’t many large developers, currently, pull out of the Google play store? It may BECAUSE Apple doesn’t offer sideloading. Developing a custom solution for just Android, especially in major markets like the US, may not be economically prudent.

However, if both platforms allowed developers to distribute their apps outside their default marketplaces, then there would be an economic incentive for developers to remove their apps from both app stores to create a separate, cross-platform distribution mechanism to install apps. WhatsApp and Instagram will only be available in the “Meta App Marketplace” and you’d have to go to “Microsoft iOS and Android Online App Store” to purchase and download all
Mobile apps. You would have to revisit their online distribution stores for payment and app updates.

In other words, don’t assume that pulling just one thread wouldn’t indeed alter the entire landscape.
Well what a shame, if apple just allowed third party payments or lowered their commission we wouldn’t be here. But I guess apple and you rather trade short term greed to long term losing the platform
 
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Whatever your opinion on this matter may be, it's clear Apple will be forced to alter its App Store policy in a meaningful way. There are just too many government bodies pushing this for Apple to maintain the status quo. It's only a matter of when not if. Apple must know this too and has decided on a delaying strategy to squeeze out profits from the current structure for as long as possible.
Whatever your opinion on this matter may be, it's clear Apple will be forced to alter its App Store policy in a meaningful way. There are just too many government bodies pushing this for Apple to maintain the status quo. It's only a matter of when not if. Apple must know this too and has decided on a delaying strategy to squeeze out profits from the current structure for as long as possible.
If the App Store is compromised I believe you will see it go away eventually. Expensive and resource intensive products and platforms quickly lose favor with Apple and it should. They have an obligation as a publicly traded company to focus on profit producing ventures and delete those that are not.

Development would grind to a halt and Apple will return focus to internal projects and limited direct partnerships. They have no incentive to maintain a platform for other companies to profit and they are locked out. Apple could invoice the DOJ, states and companies involved in this suite for the direct cost related to managing the platform and transfer responsibility to handle ongoing fraud and customer support issues related to the platform. Rename the store the Platform formerly known as the Apple App Store.
 
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Software is almost never finished. There are always new bugs to fix, or changes to be made so the software will work with the latest platform OS or firmware upon which it runs.

Software holds a unique position in consumer law. Would you accept your car shutting off and restarting on the freeway? What if your front door just failed to lock sometimes? How would you feel if you only had a license to use your home, and not ownership?

I'm not sure how to fix these problems. Software IS incredibly complicated, so perhaps it should have special treatment. We accept companies releasing software that is essentially beta, turning paying customers into testers without compensation or agreement. But given the speed with which the software market operates, on all platforms, these software companies need to get to market fast. I can't think of a more fluid and fast-moving market.
Sending someone 5,000 miles through the air is also hard, but we make a big deal when airplanes crash. I agree software is hard. That should mean less software not less quality.
 
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Absolutely.

Everyone here who supports side loading assumes all of Apple's iPhone customer base are as technically sophisticated as they are. That's just not true.

It will be a huge mess with security issues and payments going sideways for which people will have no solutions. Apple will not be able to help in these situations.
Lol, I think you are the one who presume everyone are technically literate.

Making side loading a complicated and scary proses will fix that as 99% will just stay with the official store
 
If you spend $1000 on apps with Apple, and then switch to Android. You lose your apps. That lock-in factors in to the duopoly, because once you've invested in one platform you are unlikely to switch to the other - effectively making that duopoly a monopoly.

If I switch from Windows to macOS, should Microsoft have to compensate me for all the money I spent on Windows software? What if I switch from my PS5 to Xbox? If I move from the US to Europe, should all the appliance companies have to give me new appliances for free?

This problem affects any company running a successful platform with an app store, so Nintendo, Sony, Google, Microsoft, and Apple at the very least. Should they all be forced to allow third-party app stores on their platforms? Shouldn't the third-party app stores have to pay something for the additional security checks and testing that the platform owner will have to perform in order to verify the software on the third-party app stores is safe?

We really don't have to guess. Google has already run this experiment, and the result has been greater choice, but at the cost of security and usability. If we are going to force the other companies to follow Google's model, then as a consumer, I want a checkbox which will allow me to block any side-loading or third-party app store software from being installed on my device.
 
I’m no expert, but this just sounds like they don’t like one company getting too rich. Surely that could be fixed other ways (taxes? forcing changes to fee structures?) without breaking up the security and homogeneity the App Store offers?

Breaking up the App Store might be good economically, but I feel it’s terrible in terms of security and consistency and reliability.

Then again, the App Store isn’t perfect. There’s a lot of crap on there if you scroll further down the lists.

Maybe this could actually help make the App Store become more niche: the best if the best, and whittle out the crap?
Changing taxes and forcing different fee structures is not within the power of the attorneys general. In any given state the legislature and executive are not necessarily held by the same party and may have totally different goals.
 
To expand on my earlier reply to this, by this logic every Etsy seller who’s ever shipped something to a given state has a claim to the ears of that state’s congressional delegation — I mean, they operate a business within their state, no? Even if you believe it’s okay for a business to reach out directly to politicians, I’d argue that should be limited to states where Apple has a formidable corporate presence, which in my opinion would be limited to California and Texas.

Don’t know how anyone can watch state and local governments doing backroom dealing with and giving tax break handouts left and right to woo megacorporations and see that as all fine and dandy, though.
Sure. Right now the minimum threshold for charging sales tax is $100,000 or 200 transactions. Any Etsy seller contributing taxes in a state should be able to make that request.
 
Unfortunately it doesn’t work that well, that’s why regulators exist because voting with your dollars doesn’t mean harm isn’t done. And literally voting have spoken.

Well what a shame, if apple just allowed third party payments or lowered their commission we wouldn’t be here. But I guess apple and you rather trade short term greed to long term losing the platform
I’m not sure why you are making assumptions about my motives. Also, i don’t know how you landed on me being supportive of Apple’s profits for which I gain nothing directly!

My only point is that the app store is an economy with a lot of variables and complex interactions. Apple has decided to fund the App Store with a progressive tax model. Large developers subsidize the costs of maintaining the App Store and smaller and free developers gain value with little contribution. This model has indeed been profitable for Apple and arguably has contributed to a plethora of free and low cost apps. (For good or ill, the cost of software distribution has been reduced significantly and the mobile app market is flooded with low cost apps and services. )

I repeat, my point is that any changes to the model will have consequences that many people have not considered. Time will tell if these changes end up being positive. We just shouldn’t assume that it would necessarily be beneficial for consumers.
 
Sending someone 5,000 miles through the air is also hard, but we make a big deal when airplanes crash. I agree software is hard. That should mean less software not less quality.

No, the two aren't comparable. The code for a plane's autopilot relies on several sensors, but it is in no way as complicated as software running on a game console or computer.

And the autopilot software isn't routinely updated with new features or to address new components added to a $200M aircraft, although there may be occasional updates to fix bugs.
 
Just the other day, I was using a friend's Oppo phone.

I tried to help my friend recover some deleted data. Naturally, I went to the Oppo/Android app store to look for "data recovery" apps. My god. What a freaking mess. Every app on there was a scam. None of them did anything except play endless ads and then scan existing data. All the reviews, sometimes 40,000+ reviews were fake.

I get the argument for 3rd party app stores. But the average consumer is going to be duped so easily by low quality app stores and apps.

Why cant you use Googles backup/restore feature that is built into all Android phones?
 
Try ~60%.

What is this telling us? Units sold per year? Active units? Units used to a specific website? Units running a specific OS? Units running a specific app? Phone surveys? Three college kids standing outside LAX? I can not figure out how they got this data so I have no idea how to interpret it.
 
Unfortunately it doesn’t work that well, that’s why regulators exist because voting with your dollars doesn’t mean harm isn’t done. And literally voting have spoken.

Well what a shame, if apple just allowed third party payments or lowered their commission we wouldn’t be here. But I guess apple and you rather trade short term greed to long term losing the platform
Apple’s fees are industry standard now, but were the reverse just 15 years ago. If they followed the standard in place when they opened the App Store it would have been 70% + $10,000 to as much as $100,000 per year for the right to be a developer. Then do your own marketing, production, sales, and support in-house.

A few greedy asshops are about to eliminate the platform that has allowed anyone with $99 a Mac and an idea, to partner with the largest company in the world to sell your product to their customers and they handle the rest. If you have a great product that they come to enjoy, they might even include you in their million dollar ad campaigns for free and change your life forever. And they give you the 70% instead of keeping that much themselves.

Greedy People are really dumb, or more likely really selfish.
 
No, the two aren't comparable. The code for a plane's autopilot relies on several sensors, but it is in no way as complicated as software running on a game console or computer.

And the autopilot software isn't routinely updated with new features or to address new components added to a $200M aircraft, although there may be occasional updates to fix bugs.
So it's ok for software to fail because they shipped the software incomplete and needed to push out updates? When it comes to iOS apps they know exactly what hardware will run them. So it is comparable.
 
Okay...so they're also going to "go after" the other companies that do the same thing, right?
The final outcome of the case (maybe at the US Supreme Court level) will set legal precedent and after that any other company’s dealings that closely fall under the same structure will have to abide with that legal precedent.
 
They are going to force Apple’s hand and Apple will change their model going forward to the Arcade model. I believe Arcade is a test. The current App Store investments will fade few new APIs will go into that space and the focus will be on the new one price Store that Apple will buy rights to apps and create partnerships with participating developers. Consumers will pay one subscription to access all their selected Apps. Now that I think about it, they have already released it. Apple One is the new platform. It will be opened up to new app genres as soon as they see they have no choice. These companies trying to undermine the App Store is doing so at their own peril. Apple has no obligation to continue to support the current platform if its profit center is removed. Apple has killed unprofitable, but beloved products before and they will again.
 
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But 60% is in no way a monopoly. Apple can't control the market in the U.S...and their worldwide market share is much lower than 50%.
Apple is part of a duopoly which can have the same kind of negative impacts to a market that a monopoly can. U.S. regulators are rightfully concerned with the U.S. market which they have power over. The rest of the world need not matter to them.
 
Absolutely.

Everyone here who supports side loading assumes all of Apple's iPhone customer base are as technically sophisticated as they are. That's just not true.

It will be a huge mess with security issues and payments going sideways for which people will have no solutions. Apple will not be able to help in these situations.
Actually based on all the time I have spent reading comments on this MacRumors and the AppleInsider discussion forums I assume that Apple’s iPhone customer base is less technically sophisticated than average. The Apple ecosystem is the equivalent of the nanny state.
 
No one is arguing that it is too complicated. For most users, this change wouldn't even impact them and they will just stick w/ the App Store. But most users want to trust a single source of truth (the App Store) than to, let's say, have to search for Chrome for iOS using Google and then click on an ad which takes them to some random 3rd party distributor.
Yep and developers know this and would continue to put their apps on the Apple App Store, if Apple allows them to.

Where we need this is for Apps that Apple, in its nanny ways, has decided are not appropriate for the Apple App Store. These are Apps that compete with Apple because they are just better or Apps that support Free Speech, which Apple does not.
 
I guess I should've known that the comment section for a news post like this one on an Apple fan site is not the place to find dispassionate analysis.

Apple advertises their services in places no competing service can, like the Settings area of your iPhone and iPad. And in the bottom tab row of preinstalled software like Music and Fitness. Furthermore, those competitors need to advertise in the App Store if they want extra visibility, which means... paying Apple for a lesser form of visibility than what Apple gives itself. And Apple wants 30% of competitors' subscription fees too!

Meanwhile people on this site will contort into pretzels to explain how this is perfectly legitimate, presumably because they own Apple stock and see it as a part-time job to post propaganda on sites like this.
 
They are going to force Apple’s hand and Apple will change their model going forward to the Arcade model. I believe Arcade is a test. The current App Store investments will fade few new APIs will go into that space and the focus will be on the new one price Store that Apple will buy rights to apps and create partnerships with participating developers. Consumers will pay one subscription to access all their selected Apps. Now that I think about it, they have already released it. Apple One is the new platform. It will be opened up to new app genres as soon as they see they have no choice. These companies trying to undermine the App Store is doing so at their own peril. Apple has no obligation to continue to support the current platform if its profit center is removed. Apple has killed unprofitable, but beloved products before and they will again.
Uhh, I think we know where the profit center is and that's the iPhone itself. Good luck selling more iPhones when you no longer support countless devs resulting in consumers losing access to their apps.

aapl 1q22 pie
 
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