Dude, you're so funny with your "research" and how you attempt to present evidence to support your argument.
I like you how fail to quote this important context from the judge, "However, the Court does agree that the comments confirm that the 30% is not tied to anything in particular and can be changed. Moreover, it shows that Apple used other provisions to hide information on those commission rates from the consumers."
You are forgetting Apple isn't the only one using 30%. Can you say "Google" and "Microsoft", neighbor? I knew you could. ?. And that brings up an important aspect of the App Store that gets lost in all this - the App Store serves
both MacOS and iOS/iPadOS which, until the M1, used totally different CPU architectures.
Regardless of this, it's now nowhere near the 30% commission cost to run the App Store. THIS IS THE ENTIRE POINT. As has been proven in an estimated 'range' (by more than one analyst, not only the guy in the Epic case) based on quarterly filings and public data, the App Store margins are MASSIVE. They'd still make billions in profit if they only charged a 10% commission. THE MATH DOESN'T LIE.
Except Epic admitted that it is currently
losing money on its store on its 13% so how in the name of logic is Apple going to make a net profit on 10%. As you say the math doesn't lie and if <13% = lose money and logically, everything else being equal, than 10% = lose money.
If it was so easy to charge less than 30% than why were Humble Bundle (25%) and itch.io (name your percentage)
the only major ones before Epic to do so? Supply and demand apply to digital goods as well and certainly if it was that easy everybody would have been competing on the percentage but they didn't. Why?
I, nor anyone I've seen in this discussion, has stated Apple shouldn't make money from the App Store or that developers should get to use the infrastructure for free. Where did you get that from?
BUT... even if I had felt that way... outside of a $99/year fee, 90%+ or so of Developers in the App Store DO use the App Store infrastructure complete rent free and outside of any additional commission.
It is akin to how F2P games work; the majority who play for free are supported by the handful who pay hundreds or even thousands. Heck, the current system even fits into the Minnows, Dolphins, and Whales model.
Minnows: (free) only pay the $99 fee
Dolphins: ($0.13-$1.300,000 w/fee) pay 15%
Whales: (>$1.300,000 w/fee) pay 30%
"In response, Apple offers three procompetitive justifications: security, intrabrand competition, and protecting intellectual property investment."
1) "Here, the Court finds
Apple’s security justification to be a valid and nonpretextual business reason for restricting app distribution."
2) "As a corollary of the security justification, the app distribution restrictions promote interbrand competition. The Supreme Court has recognized that limiting intrabrand competition can promote interbrand competition. Leegin, 551 U.S. at 890. (...) However, Apple submits some evidence that Mac computers have more malware than iOS and, in any case,
provides a compelling explanation for app review’s increased effectiveness against certain types of attacks. Given the trial record, the Court finds that
Apple’s security rationale is a valid business justification for the app distribution restrictions."
3) "That said, while the Court has found the
rate itself pretextual, the Court cannot conclude that Apple’s protection of its intellectual property is pretextual.
Courts have found similar justifications based on the protection of intellectual property rights valid, albeit rebuttable, procompetitive justifications. (...)
Accordingly, Apple has shown procompetitive justifications based on security and the corollary interbrand competition, as well as generally with respect to intellectual property rights."
Heck, the only "cookie" the court could give Epic was due to California's insanely vague anti-steering provision and Hoag said that is on somewhat shaky ground. As for the district appeal failing he points out odds were it was going to fail as the court would have had to effectively gone 'ok we messed up'. Apple had to go through the motions to take that issue to the Ninth Circuit. As for what the Ninth Circuit will do with it they may err on the side of caution and grant the stay.