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The Courts Apple

Apple, Epic Ask US Appeals Court To Reconsider Its Antitrust Ruling (reuters.com) 17

Apple and "Fortnite" maker Epic Games have both asked a U.S. appeals court to reconsider its April ruling in an antitrust case that could force Apple to change payment practices in its App Store. From a report: Apple and Epic, in separate court filings, mounted challenges to a ruling by a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals. Lawyers for the two companies said the panel should rehear the case or the court should convene "en banc," as an 11-judge panel, to reconsider the dispute. The April three-judge ruling upheld a 2021 order in California federal court in Epic's lawsuit which accused Apple of unlawfully requiring software developers to pay up to 30% in commissions on consumers' in-app purchases.

The trial judge found that Apple violated a California state unfair competition law, but not U.S. antitrust provisions. Apple's new filingchallenged a nationwide injunction over conduct Apple said was "procompetitive and does not violate the antitrust laws." Epic's 9th Circuit filing argued that its claims against Apple directly implicate the "core purpose" of U.S. antitrust law to foster competition. Epic also argued that the appeals court did not conduct a "rigorous" balancing between asserted asserted consumer benefits and anticompetitive effects of Apple's practices.

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Apple, Epic Ask US Appeals Court To Reconsider Its Antitrust Ruling

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  • This is what the laws are about

  • Apple: Be Evil. (Score:5, Insightful)

    by OfMiceAndMenus ( 4553885 ) on Thursday June 08, 2023 @11:22AM (#63585956)
    Apple calling their double-dipping into subscription and in-app transactions in addition to dev account charges and app store listing fees "Procompetitive" is fucking ludicrously hilariously evil and false.
    • by HiThere ( 15173 )

      Right. They should be forced to charge 100% fee on in-app purchases. Get rid of that evil garbage.

      • Ok, so you think Netflix should be free? Disney+?

        My point is that Apple has no right or cause to collect a percent of the subscriptions for those services because they host an app on their app store. Apple did exactly zero to deserve that cut, and it has nothing to do with their platforms or services, so it's pure highway robbery. "Pay us or we pull your app".

        Literally just to be evil.
        • It is not highway robbery if you built the highway.

          Apple should allow other app stores and download paths on the devices they make and sell, but Apple should also be allowed to charge for using their pathway to customers. I expect the new alternative app stores will do so.
          • It is not highway robbery if you built the highway.

            I don't think that "highway" is the bad part of that description.

          • by Joe_Dragon ( 2206452 ) on Thursday June 08, 2023 @01:50PM (#63586370)

            what toll road bills 30% of your truck load value?
            even more so when they do not run or pay for your warehouse, your factory, your marking, etc

            • It's more like asking for 30% of your gas and lodging expenses, because the internal subscriptions on these apps have nothing to do with the Apple app purchase/download or anything involving Apple at all. They're charging for a feature of the app's functionality rather than for the App itself, which is fucked up.

              It is not highway robbery if you built the highway.

              Apple built neither the app, nor the service it provides, nor the subscription service they're trying to take money from. They charge to be a developer, charge to post an app on the store, and you h

      • Re: (Score:2, Insightful)

        by sit1963nz ( 934837 )
        So here is the alternative.
        Apple gets to decide who is on their store and who they can deny entry to, so Fortnite makes their own store, realises the additional costs that takes, sees a plummet in sales because users do not trust other stores and then gets refused entry. All it will take is one hack to destroy fortnite.

        I have seen the malware people get from various sites that offer free hacked software, clones of software, etc etc etc.
        So I wont go to 3rd party stores

        Fortnite may end up scoring an "ow
        • so Fortnite makes their own store, realises the additional costs that takes, sees a plummet in sales because users do not trust other stores

          Or, Fortnite uses a third party payment processor such as amazon, google, or shopfiy and the trust problem is completely solved and they win and their users are happy.

    • by Anonymous Coward

      If you don’t like the terms then don’t develop for Apple. What’s the problem?

    • Agreed. Personally I'd hit them for at least 7 of the 10 counts based on what I know of the company.

      For those who weren't following along:

      • Count 1: Federal Unlawful Monopoly Maintenance in the iOS App Distribution Market;
      • Count 2: Federal Denial of Essential Facility in the iOS App Distribution Market;
      • Count 3: Federal Unreasonable Restraints of Trade in the iOS App Market;
      • Count 4: Federal Unlawful Monopoly Maintenance in the iOS in-App Payment Processing Market;
      • Count 5: Federal Unreasonable Restraints
  • Has this feature now, I been using it for a day and so far so good
  • If they had to let people install apps without their app store, you could compile and load open source code for free. How are they going to stay in business. Selling $3500 goggles?

As you will see, I told them, in no uncertain terms, to see Figure one. -- Dave "First Strike" Pare

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