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Then how do you explain general consumer apps like Netflix, Spotify and Amazon Kindle moving all of their purchasing to the internet successfully? They did it without any in-app communications whatsoever.

You're presenting conjecture. I'm presenting real-world actions by consumers.
You're presenting three large successful companies that have large user bases that regularly use their products on other non-Apple platforms. Do you really believe that all (or even most) app developers fit in the same segment as Netflix and Amazon?
 
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No? They are equal subjects of free market.

No, they are explicitly subject to special scrutiny. Emphasis mine:

A dominant position is not in itself an infringement of EU competition law, and the holders of such positions are allowed to compete on merit. However, a position of dominance confers on the undertaking a special responsibility to ensure that its conduct does not distort competition.
 
Try selling your brand in say Costco and see if you can get away without paying any fees. “Rentseeking” is an absolutely justified term for a justified fee.
But consumers at a store like Costco don’t own it. Costco makes money because people buy goods from it. I already bought my phone and would like to put whatever I want on it without paying Apple, and without developers paying Apple. With your scenario, developers should be paying me since I own my phone, which you likened to Costco.
 
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This is irrelevant but analogous because there is no monopoly in phones either. There is Android and iOS. At one point there were others and there may be more in the future. You defined the category as "home gaming" but I said consoles of which there are many but 3 major and in smartphones there are 2 major.
Consoles compete with Windows and Mac as well because they typically play the same kinds of games and are played in the same context. Just because Windows and Macs can do other things does not mean they aren't competitors in the gaming space. Consider how a square is a rectangle, but a rectangle is not always a square. All of them compete in the gaming space because they all play the same or similar games. However, consoles do not compete with Windows or MacOS in the word processing space because that is not something those machines do.

Indeed Apple doesn't have a monopoly, but they do have a duopoly with Google and duopolies tend to be subject to the same kinds of regulations as pure monopolies.
 
Most consumers are not deeply versed in the restrictions of the App Store. I download an app. If the only option I am presented is to buy something through the app, then most consumers will just click that. If you're not given other options (because Apple won't let it), most consumers aren't going to think "they're not telling me I have other choices. that doesn't seem right...must be because they're not allowed to! TO THE INTERNET FOR RESEARCH!!".
That doesn't make any sense. If the option to purchase in the app is there the consumer can tap and purchase. If the option to purchase in the app is not there by definition the consumer will go somewhere else to make the purchase.

The only other outcome is that because the option to purchase is not in the app the consumer does not purchase. But that tells you a lot about the value Apple brings in those situations and why they charge a commission.

The value Apple is offering is being able to make the purchase directly in the app.

In the EU at least it looks like Apple will be shifting the value from IAPs to being able to run software on iOS.

Many posters seem to think that the aim of the regulation is to remove Apple from any part of the transaction of running software on it's operating systems. Apple will always be part of that transaction, and will always charge a fee along the way.
 
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Indeed Apple doesn't have a monopoly, but they do have a duopoly with Google and duopolies tend to be subject to the same kinds of regulations as pure monopolies.

In the EU having a "dominant position" is enough to be subject to special antitrust regulations. The standard is far less strict than a "monopoly" or "duopoly".
 
Nobody has a monopoly. Game developers have a lot of different choices when it comes to selling their products. Multi-platform development is more common than not.

Example: Epic developed Fortnite for PC/console originally. It was a huge success on those platforms. Later on, Epic decided to maximize revenue by porting Fortnite to iOS/Android. It was successful on mobile too, but not to the degree that it was on PC/console. I think iOS/Android combined was about 15% of their total revenue from Fortnite.
Monopoly in gaming? No. In mobile smartphone platforms there is a duopoly however.
 
Also, to those naive enough to think a company the size of Apple with a massive corporate legal team haven’t interpreted this regulation better than you.
If by "interpret" you mean "find a way to get around it and still make our money", they yeah, I'm sure they have. There's a reason people don't like lawyers -- until they are working on your behalf. (And even then, frequent showers are probably necessary.)
 
If by "interpret" you mean "find a way to get around it and still make our money", they yeah, I'm sure they have. There's a reason people don't like lawyers -- until they are working on your behalf. (And even then, frequent showers are probably necessary.)

That's fair on Apple's side though: they are doing their interest and nothing else should be expected. The regulator will have the final say on whether the measures Apple want to put in place are allowed or not.
 
This
So for the user, what's the difference between buying an app from the App Store or from the "side"? Seems like there will be no difference, what's the point then? It's just as anti competitive, if Apple still gets to control and decide what you can and can't run on your phone and still takes a fee. Wasn't the fee there to pay for the benefits of being in Apple's walled garden App store, advertised and prompted by Apple? Why is there still a fee outside the app store?
This issue was never about user choice. It’s developer choice. Developers can choose which platforms to distribute their software and collect payments.

Follow the money. It wasn’t users petitioning these agencies for changes. It was large developers who didn’t want to concede to Apples distribution and payment policies. Ironically, it’s these policies that may have, in fact, allowed the iOS App Store to prosper with high engagement from users and limited piracy and malware!!!
 
Sure, not apps plural. They wanted a single, native cloud gaming app. If other devs chose to go through the time and expense of porting a game directly to iOS, rather than streaming a game to users from the cloud, that's on them. Has nothing to do with undercutting anyone. It's simply using a different technology to enable a consumer to play a game. Rather than having individual apps run directly on the hardware, the games are all contained within a single app and run on a server somewhere and then streamed to the user.
LOL...it has everything to do with undercutting them. Other developers didn't have non-native game streaming apps in the store because the App Store (as you already stated) is about native iOS apps. If what you're selling to the App Store customer is games then you have to submit iOS native versions of those games. A remote use app would be fine, where the customer is accessing apps that they already purchased for a different OS. But that isn't what Microsoft was selling. They were selling games, thus the requirement that they be native.
 
It was large developers who didn’t want to concede to Apples distribution and payment policies.
True, and large devs had enough money and visibility to make it a good-looking case for the public, pretending it's for users' greater good and that ALL developers want it. Nah.

So Apple does a good job of trolling them with 27% and mandatory app reviews. Irritation grows on both sides.
 
I think Spotify, Epic etc were duped by the media which created the idea that the commissions/fees would not be allowed. The media fabricated that nonsense to create more drama of course.
I think it’s the other way around. The media, and by extension, the consumers of that media, got duped by Epic, Spotify, and the like.

Both the district court’s judgment and the 9th Circuit’s judgment that affirmed the district court’s judgment were crystal clear on Apple being able to collect a commission.

And not just “if you have a legal degree” levels of crystal clear, but crystal clear in plain layperson-friendly ways.

Either their legal teams are not worth the paper their paycheck is printed on (unlikely) or they informed their respective leadership and they shrugged, knowing people wouldn’t bother to read the judgments and decided to play coy.

Now you’ve got outlets echoing their feigned surprise and your everyday media consumer playing the role of pawn.
 
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Very wrong.

creators don't see which exact parts of the video I watched. It does not affect their revenue at all.

It's really dumb to call someone thief for fast forwarding the video parts which are not interesting for the viewer. (And I'm not talking about ads)
First, what level of experience do you have working with sponsors? The entire sponsorship world is a game of ROI. Where there is no return on investment (which is the inevitable conclusion of the world you're promoting), sponsors will stop investing. One of the easiest ways to guarantee the shows you enjoy watching continue to put out great content is to watch their sponsorship blocks and support their sponsors.

Second, the premise of your argument, "if someone doesn't know I'm stealing from them, then I can't be stealing from them" is a faulty premise. They may not know it's "@hacky from macworld" stealing from them, but when their sponsors drop them because there's no ROI (because everyone is using tools to skip past the sponsor blocks), they'll know. Could you fast forward manually? Sure, but why would you... it hurts your preferred content creator's bottom line.
 
Try selling your brand in say Costco and see if you can get away without paying any fees. “Rentseeking” is an absolutely justified term for a justified fee.
I'm sure there are some devs that want to do their own hosting and payment infrastructure, what apple is doing is forcing devs to use their app store and wanting to get paid for work devs are forced to use. Apple still has a monopoly on iOS app distribution.
 
But consumers at a store like Costco don’t own it. Costco makes money because people buy goods from it. I already bought my phone and would like to put whatever I want on it without paying Apple, and without developers paying Apple. With your scenario, developers should be paying me since I own my phone, which you likened to Costco.
That’s the thing. Apple doesn’t make a product that meets your requirements. There are products that meet your requirements.
 
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This issue was never about user choice. It’s developer choice.
It's about competition. When one dominant player abuses it's market position to hamper competition, there should be laws to reign them in. Similar things happen in many different domains like telecoms, financial markets, energy. And everywhere there is regulation to increase competition, which leads to better outcomes for customers.
 
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oh, it will
maybe not right away, but its only a matter of time before EU is pissed enough so the devices are either open or GTFO

This law was never meant for a "free to all" sideloading. Since that would impact both EU's own GDPR regulation as general security. Which is why the DMA has a clausule that gatekeeper (Apple in this case) can place limitations for security.

Which Apple is ofcourse going to do.
 
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That's fair on Apple's side though: they are doing their interest and nothing else should be expected. The regulator will have the final say on whether the measures Apple want to put in place are allowed or not.
Totally agree. Apple's always going to act in their own best interest and I wouldn't expect anything else. But Apple has always had a philosophy about apps and the App Store -- that from all accounts came directly from Steve Jobs -- that developers are leaching off Apple success with the iPhone, so Apple deserves their cut under all circumstances and that cut is 30% (Jobs would probably have wanted 50%). Yes, a lot of developers only get charged 15% under some circumstances, but I think Apple went there kicking and screaming. All the regulations and pushback are about that number, 30%. People who think it is too high feel that Apple benefits just as much from developers and developers do from Apple's platform, so that number should be lower. How much lower depends on the developer doing the talking.

Where do I think the number should be? I have no idea. But I think that, as with the alternative payment regulations situation, Apple sticking to their 27% commission number is a refusal to acknowledge that regulators and/or developers have any point whatsoever. And I think that may come back to bite them.
 
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