So if we deem a personal computer an essential device, for work, then installing 3rd party software should then be illegal?
The vast majority of responsible companies use enterprise software to lockdown company issued computers to prevent installation of anything.
Using cloud storage, browsing the web, installing 3rd party apps to communicate securely and even posting to social media are all essential parts of hundreds of millions of peoples livelihood.
While I think your definition of “essential” is overly broad, these are all features of video game consoles as well. And yet video game consoles also have closed ecosystems. I think certain features of smartphones are essential: those features that connect you to services provided by your carrier, namely: calls and internet service. Everything else I deem inessential.
Your personal computer, generally speaking, doesn’t contain information that can be used to track your every move in the physical world, it doesn’t contain your health data, and it is not used in life threatening emergencies. Users of personal computers generally install software at a far less frequent rate compared to smartphone users as well. For instance, the vast majority of software on my Mac was installed within the few days after receiving it. A much larger percentage of software on my iPhone was installed in the past 6 months.
All of these culminate to form a threat model that surpasses Windows PCs. Hackers will view iPhones as THE device to hack, corrupt, and steal your data, and then declare that you must pay a ransom to get your data back or threaten to make your data public.
In any case, Apple owns and controls their intellectual property. You own the physical device, however the software on your iPhone including the BOOTROM is merely licensed to you. In the very unlikely event that Epic wins their case, there is nothing stopping Apple from charging whatever they want for access to their intellectual property. The IP needed to even make an iPhone app. For example, Xcode and the iOS SDK. If Epic thinks they can sidestep Apple’s fee for access to their IP, they are kidding themselves.
Apple Legal:
Epic’s own expert thus refused to equate iOS with a public utility, and therefore conceded the predicate of Epic’s essential facility claim.
A proprietary operating system encompassing features and functionalities protected by patent, copyright, and other intellectual property laws cannot constitute an essential facility. Intellectual property is protected by a discrete legal regime, which gives the owner the power to exclude others from using or profiting from the owner’s intellectual property.