Judge in the US made it clear that Apple is entitled to be compensated for use of it's IP, even it the sale is made outside of the app store. Apple is legally allowed to be the gatekeeper, even if some don't like it.
Don’t understand why that needs to be said. No one ever thought otherwise. The question is one of policy around the App Store. Every entity, I repeat evert entity is deserved payment for the use of their assets by third parties, IP or material. Including of course Apple. It’s not God …. yet
It seams like we are talking a about company that does not get paid for what it does, even though its the richest tech company in the planet, with the highest profits, record breaker. Meaning, its least expected counter argument given the context. A beggars argument, applied to an extremely enriched entity, crazy.
The IOS app store has been essentially unchanged since 2008. It was an amazing innovative business decision back then and continues to be one today. That some think the IOS app store has "too much control" I would point out the same amount of control existed 13 years ago.
If that is just an opinion let me clarify that it does not go with the facts.
Back in 2008 Apple launched the App Store with 500 apps give or take. The only medium that sells, distributes and allows installation of third party apps / software programs on iOS. The sale process was standard and straight forward … some apps were free to download … others required being payed before download and the consequent installation. For the sale of the software program / App, Apple would get a 30% cut.
This is the only thing that remain fundamentally unchanged as far as the App Store policies go.
Yet at this time developers were free to provide web links in app and communication emails for users to pay for content such as videos, music … complex services such as video conferencing … things that are not Apps. Apple would not get a cut from … which is ok considering that it does not distribute or sell none of these things, just software programs.
In 2009 revises its policies and launches in app purchases, in particular for
content or access to new app features just for the Apps that aren’t free. The in app purchase mechanism was optional. Meaning, devs could decide if they wanted to use App Store payment system to collect money form their users regarding the use of their digital assets beyond the app, case in case content. But they could also direct users to their payment system for such purposes.
The controversy starts as some developers, rightfully started to question the nature of the App Store. Charging for content and service, something that is beyond the software program / App, does not look right considering the App Store provides no infrastructure or service for that matter … it just serves software programs for download and installation. But ok, it was felt optional. But some could envision this to be mandatory … visionary developers
In 2011, 3 years after, half a million apps, the App Store, starts rejecting apps that do not offer in app purchases for content and services being sold on the developers website or other surfaces. Case in case adobe e-reader … this was the eBook Shop wars. Don’t recall precisely but I think this what the time where Apple was found guilty of eBook price fixing. A few days later after the first App being banned because of this, Apple again revises its policies and expands in app purchase policy for free apps. Basically unlocking the freemium model already popular on the web. 30% cut, in app purchases still optional, ability to link to the web … ok … or not.
Apple again in 2011 revises its policies and required apps from publishers (I remember getting apps for certain news papers) to sell subscriptions in app even if the app was payed … so it comes in app subscriptions. Not only that, as if the publisher charged access to content outside the app, it was required to also offer the same charges / subscription in app for a price no greater than the ones offered outside. Already armed with hundreds of millions of iPhone users locked within the App Store sphere of influence, Apple through its control over what may be installed on users devices or not, starts creating a business model around mandatory charges around all things digital that it does not distribute, provide a service or technical infrastructure for.
There was a fare amount of controversy over such requirement so much so newspapers
simply disbanded out of the App Store. There was also doubts if it only applied to newspaper and magazines for months … Funny enough … years later Apple offers a solution to newspapers and magazines to a problem it created … Apple News hehehe.
This was the start of Apple dipping deeper and deeper into charging for digital things and services that it does not distribute or provide a platform for and that does not sell, promote … … just the POS tech become mandatory by policy. Never seen for instance an book say from barns & noble being promoted or distributed by the App Store, say music, no? Can i pick up a digital album from its shelves no? Of course not, is only able to serve Apps, nothing else is in their shelves actually.
Also in 2011, a few months later ir revises again:
“11.14 Apps can read or play approved content (specifically magazines, newspapers, books, audio, music, and video) that is subscribed to or purchased outside of the app, as long as there is no button or external link in the app to purchase the approved content. Apple will not receive any portion of the revenues for approved content that is subscribed to or purchased outside of the app.”
So Apps were no longer required to provide in app purchase for content as long as no links to the web are provided in the app for payment … wait … they are after all … Apple provides all sort of “clarifications”.
Spotify and other thought about leaving the platform back than … the start of a long legal battle. You see Spotify customer used the iPhone as they do Android. Spotify was the number one music streaming services and this meant, chucking away a great number of subscribers for the likes of Spotify … Just notice, #1 music streaming service, not #1 dev or software program. Spotify was a threat to iTunes, considering that before Apple controlled around 70% of the digital music sales.
Even though a serious digital service company in abstract may choose to not to be present in a major OS platform, it does not choose its clients neither which devices they use. So in practice such choice is done by its users, not the company. Digital service companies follow their users to where they are or want to be, otherwise they loose them to someone else … Apple would say thank you for that -> Apple Music.
In 2015 Apple launches Apple Music rivaling the likes of Spotify. Funny enough, courts this and that, no long after, 2016 revises its policies and allows for the so called ”reader apps” not to be forced into providing in-app purchase facilities. Still no links to external payment methods are allowed even for payment of things that does not provide. Why does the App Store managers feel entitled to charge for all things that they did not create, do not sell, promote or distribute, nothing, is beyond me really … that is entire the workings of the App Store policy. Yes Apple offers a Dev Kit to build software programs / Apps, but such thing is licensed already … requiring its deployment and sell through the App Store … but that is complied already. So what other IP needs to be payed for to Apple? None … oh forgot the Policy, that is IP too
It also starts in 2016 to sell Ads and profiling users apps to provide targeted Ads. In way safeguarding users privacy as they explained but still.
So you see this is very short factual information already exposed how far off from reality is your opinion. In effect, the App Store policies have been changing dramatically every 3 to 4 years or so. As the sphere of influence grows, more iOS users, so does they bite over things that may be sold through the devs apps and infrastructure.
The way I see it there were 3 phases. One from 2008-2011 … 3 years give or take … the good phase. Another from 2011 to 2015 … another 4 years give or take … that I call the extraction phase or what I call the Big Squeeze. Than came to 2016 up until now … reader apps and all … the political phase … regulators / courts, a battalion of lawyers for the maintnance of the status quo. Preparing for the next phase if they happen to win … Apple Car … who knows … in a 3 decades HomeKit Houses … ? They are so unsafe and lacking in privacy at the moment with all those cameras being operated by iOS apps … who knows.
The biggest shift was in 2011 when it starts to charge in-app payments for non app digital things and services. First optionally, of course, but than tighten the ducks throat to the ban.
Apple could very have chosen other methods to get payed for the App Store services and IP. For instance requiring payed services apps to ask their users for a app fee (buy it) … or charge for storage and distribution plans the way cloud services do as an option to in-app purchases. No, it decided for an mandatory in POS regardless if its App Store actually promotes and distribute such services beyond distributing the app. This would be the path to choose if indeed the all thing was about getting payed for what the thing actually does , case in case the actual App Store services being used. But in fact, it seams that Apple considers iOS users part of their IP so better start paying to access them on top of licensing. But hey, maybe I’m not far out from this line of though, they seam articulate this lately as protecting their users privacy and security against digital crooks … the dangers … so on and so forth … now thats kind of the latest 3 years stance.
One could say Apple invented iOS users, therefore the company is entitled to a cut over anything that gets sold to them when they are using the iPhone or iPad. I guess that is what people around here mean when they say … Apple create a market. One could say that as a result as an iPhone user your are Apple’s IP and had the privilege of paying for it without knowing …. Hehehehe … a brilliant legal argument … no?
But it all fits the blue bag semantics over what IP means … anything. The customer of a company, a user of some system can than be considered IP of the company. I believe that such use of the concept of IP to justify a cut of sales of indirect things and services is abusive not to mention to be against the precepts of a liberal market. Politically quite a fascist stance. The future of the society as we enter the Virtual Reality age?
Maybe I’m mistaken on the intentions but all this does stink quite a bit.
There is a term called “Entrapment”. This term is applied to illegal procedures where the police artificially create conditions inducing a someone to commit a criminal offence to than arrest them and charge them. In abstract as there is no legal basis for this term outside the law enforcement sphere, I feel the principle behind such tactic can be applied to many business practices including this one. A company creating the conditions inducing the suppliers and users to take and support an action, that that is than played against their interests through later unilateral amendments. Even after all the support that gave to such company not only by buying their devices but also enriching the Apple ecosystem with their creations that in turn helped the company sell even more devices. The iLife wheel.
Cheers.
PS: Anyway. Personally really love brilliant people. I think Apple its a brilliant company full of brilliant people. Even in this … so … I guess all my interventions are more of away of looking for forgiveness … I told ya … if no one listens … not my problem when Apple sherlocking knocks on your door … or ask for more money for you to be able to use your IP in your customers smarphones and tablets. You see, to control one thing one does not need to own it … it’s all about IP today I guess … right? My IP is larger, wider, better and more profound than yours. App Store rules

… the future of $iNnovation$.
Chiau.