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Re:Apple countersues Epic, seeks punitive damages by jrockway on Tuesday September 08, 2020 @04:48PM (#24413151)
Apple writes in their court filing: “Epic sought to enjoy all of the benefits of Apple’s iOS platform and related services while its ‘hotfix’ lined Epic’s pockets at Apple’s expense.”

It seems that Apple has forgotten that each iPhone user already paid Apple hundreds (if not thousands) of dollars for the iPhone itself. It is reasonable to charge developers for development tools, but if that's what you want to do, just charge them for development tools. Meanwhile, I bought an iPhone so that I can run the software that I like. If it costs money to develop a platform, it doesn't seem that strange to just charge that upfront when someone buys an iPhone.

Re:Apple countersues Epic, seeks punitive damages by Traster on Tuesday September 08, 2020 @05:04PM (#24413356)
> It is reasonable to charge developers for development tools, but if that's what you want to do, just charge them for development tools.

This isn't how the software development eco-system works. There are tonnes of examples of providing free development tools with restrictions on use and revenue sharing agreements. For example, there's this little known company called Epic Games which provides the Unreal Engine for free- but with the following clause:

> This license is free to use and incurs 5% royalties when you monetize your game or other interactive off-the-shelf product and your lifetime gross revenues from that product exceed $1,000,000 USD.

And Epic doesn't even provide quality control, a discovery mechanism, or payment processing.

Re:Apple countersues Epic, seeks punitive damages by raydev on Tuesday September 08, 2020 @07:27PM (#24414864)
>> This license is free to use and incurs 5% royalties when you monetize your game or other interactive off-the-shelf product and your lifetime gross revenues from that product exceed $1,000,000 USD.

> And Epic doesn't even provide quality control, a discovery mechanism, or payment processing.

Apple takes 30% off all purchases upfront, and maybe they'll cut you a deal if you're Netflix-size.

On top of that, Apple's "quality control" allows through scam apps with scam IAPs, while they will reject your well-established app if you don't change the wording for your IAP copy for the second time in one year.

Or if you have no presence, they may well just reject you for not meeting the ambiguous minimum functionality requirements or for functionality they don't want users to have access to. After you've already paid them $99 for the privilege of being rejected, of course.

And then on top of that, Apple's "discovery mechanism" puts other people's ads above your app when people search specifically for the name of your app.

Epic, however, takes 5%..... after you pull in $1mil in revenue. That's it.

Do you really not see the glaring issue with your comparison here?

Re:Apple countersues Epic, seeks punitive damages by mythz on Wednesday September 09, 2020 @01:50AM (#24417644)
> Apple takes 30% off all purchases upfront, and maybe they'll cut you a deal if you're Netflix-size.

Netflix, like Kindle & Spotify are "Reader" Apps which pay 0% Royalty.

[1] https://www.apple.com/ios/app-store/principles-practices/#:~...

Re:Apple countersues Epic, seeks punitive damages by deergomoo on Wednesday September 09, 2020 @08:50AM (#24420414)
They pay 0% because they don't offer the ability to sign up in the app at all. If they did (Netflix and Spotify have in the past), they have to pay the 30%. To offset this, the price is more expensive inside the app. You can see this with YouTube Premium: £11.99/month via the web, £15.99/month via the iOS app.

All the "reader" designation does is allow this off-site option to exist at all, still with the restriction that you are not permitted to even imply that you can sign up elsewhere.

The only thing this does is make the customer experience worse. Now we have a Netflix app that can't tell you how to sign up, and a Kindle app that can't sell books. The alternative is the customer has to pay more, or the company has to eat the cost. Nobody wins except Apple, but you could make the argument that they're harming their own platform with this stuff.

Re:Apple countersues Epic, seeks punitive damages by tschwimmer on Wednesday September 09, 2020 @05:54AM (#24419265)
To be fair, you can’t sign up for a Netflix account on iOS. Arguably the entire transaction is taking place off platform.
Re:Apple countersues Epic, seeks punitive damages by rimliu on Wednesday September 09, 2020 @04:27AM (#24418693)
Nice cherry picking skills.
Re:Apple countersues Epic, seeks punitive damages by manicdee on Tuesday September 08, 2020 @09:46PM (#24415859)
> Epic, however, takes 5%..... after you pull in $1mil in revenue. That's it.

That's it, for now. Epic is trying to set themselves up as publisher like Steam. Once they can get first-party status as an app store on iOS their tune will change.

This is about money, and one way to make money is to get people hooked on your product then jack up the price.

Re:Apple countersues Epic, seeks punitive damages by ClumsyPilot on Tuesday September 08, 2020 @11:06PM (#24416541)
The comparison is bogus again. Steam is an independant company with real competition ( epic including) and I can drop it on a moment's notice.

How does Epic store become first-party, they get bought by Microsoft? I don't get what you are claiming

Re:Apple countersues Epic, seeks punitive damages by manicdee on Wednesday September 09, 2020 @06:31PM (#24426663)
First-party status for an app store means being able to install apps on the phone, as opposed to being an app which runs Epic Store games (eg: Bluestacks or Plarium Play).
Re:Apple countersues Epic, seeks punitive damages by TheSpiceIsLife on Tuesday September 08, 2020 @11:36PM (#24416778)
Let's persecute everyone for the crimes they might commit in the future.
Re:Apple countersues Epic, seeks punitive damages by manicdee on Thursday September 10, 2020 @01:01AM (#24429041)
At what point does "nip it in the bud" turn into "you're persecuting me for crimes I haven't committed yet"?

I suspect that where the line is drawn depends on what benefit you feel you get from one side of the line versus the other.

Re:Apple countersues Epic, seeks punitive damages by TheSpiceIsLife on Thursday September 10, 2020 @01:37AM (#24429207)
You're right:

Nipping it in the bud was wiped clean off the table the moment Trump won the Republican Party presidential nomination for a second term..

As far as I'm concerned, now, it's a complete free-for-all.

Re:Apple countersues Epic, seeks punitive damages by BoorishBears on Thursday September 10, 2020 @03:28PM (#24435669)
I greatly dislike what Trump has done to this country, to understate it.

But this is the worst/dumbest/most off-topic reply to a comment I have ever read on this site, and maybe the entire internet. I regret having had to read it.

Re:Apple countersues Epic, seeks punitive damages by beaner on Tuesday September 08, 2020 @05:11PM (#24413429)
They seem not quite the same to me. A game built with Unreal Engine is essentially powered by it and would not exist otherwise. A game deployed to an iPhone could theoretically be acquired through an alternative app store or just direct download. Apple's app store provides no utility to developers other than being the forced walled monopoly that all developers must list through.

The proper analogy to Epic charging for its game engine is Apple charging for its developer licenses - which it already does separately from the app store.

Re:Apple countersues Epic, seeks punitive damages by simonh on Tuesday September 08, 2020 @05:18PM (#24413522)
So if stores don’t provide any utility over side loading, how come Epic gave up on relying on side loading on Android, which allows it, and ended up on the Play Store? It’s literally that exact scenario.
Re:Apple countersues Epic, seeks punitive damages by kevingadd on Tuesday September 08, 2020 @05:21PM (#24413567)
So that when a teenager types "fortnite" in on their phone they can install it. That's the only reason. It's a little different from organic "discovery", like search and recommendations.

FWIW, Google (illegally? according to Epic, anyway) blocked Epic's attempts to address this through partner deals with phone manufacturers, so their hand was relatively forced.

If Google and Apple didn't require all installs to go through a blessed path, people would just type "fortnite" into their search engine of choice and install that way instead. Of course, Google & Apple have good reason for not allowing that, but in the case of Fortnite they really are not delivering much for the 30%.

Re:Apple countersues Epic, seeks punitive damages by gamblor956 on Tuesday September 08, 2020 @06:30PM (#24414342)
Epic still allows Fortnite to be sideloaded.

More importantly, Google does not prohibit sideloading. It simply does not make it convenient to do it.

Re:Apple countersues Epic, seeks punitive damages by chipotle_coyote on Wednesday September 09, 2020 @03:08AM (#24418152)
I suspect the OP is referring to the fact that Epic is also suing Google, because they consider the "inconveniences" that Google places on sideloading to be a form of unfair, illegal restriction. This strongly suggests that if Apple offered sideloading but still had the same fees and restrictions in the official App Store, Epic would still be suing them.
Re:Apple countersues Epic, seeks punitive damages by mgoetzke on Wednesday September 09, 2020 @06:46AM (#24419608)
Stores do hold a value. A great one. BUT there has to be a few tiers between we are really losing money by hosting this to we are raking in hundreds of millions. If should cover cost, it should cover opportunity, it should have a margin.

In essence Apple is running an Apple App incubator :) Getting 30% of anything, anybody ever makes on it, with basically no risk on it since the actual cost of reviewing the apps and hosting them is pretty fixed.

Re:Apple countersues Epic, seeks punitive damages by valuearb on Wednesday September 09, 2020 @02:35AM (#24417936)
The App Store generates nearly 10 times as much revenues for developers per device sold as Google Play. How is building a safer walled garden that attracts the highest spending customers and makes them extremely comfortable with buying apps and subscriptions not a massive amount of utility?
Re:Apple countersues Epic, seeks punitive damages by donor20 on Wednesday September 09, 2020 @07:16AM (#24419748)
Exactly this.

I pretty happily try out subscription apps on iOS (which I rarely to never do online). Why? It's darn easy to cancel. I get a reminder in advance even. This contrasts in my experience with nearly EVERY other auto-billing approach out there. The time I sometimes spend calling people to cancel stuff (that I could sign up for online) is ridiculous.

Another nice touch that builds trust. I once deleted an app and iOS reminded me to cancel the subscription if I wasn't going to reinstall! I mean, every other store will keep the auto-bill going forever.

Re:Apple countersues Epic, seeks punitive damages by beaner on Wednesday September 09, 2020 @11:52AM (#24422326)
Apple once let somebody hack my account and purchase the same $20 app 15 times. When I complained, they ignored me. When I charged back the purchases, they canceled my Apple account. Purchasing the same app more than once on the same device shouldn't even be possible. This was back in 2011, but... definitely didn't build trust.

But you guys aren't arguing the actual point anyway. The question is whether the forced app store is always a plus for developers, not users. The answer is certainly no. And the answer is also no for users who can manage their own trust, and could happily live with direct downloads outside of the app store. They pay higher prices, and are forced to effectively subsidize everyone else.

Re:Apple countersues Epic, seeks punitive damages by donor20 on Friday September 11, 2020 @11:23AM (#24443784)
Apple has made a decision not to target folks who want direct downloads. They are targeting a different (and very large and lucrative group). They've also managed to block direct download of built in / unremovable apps by carriers and to some degree pioneered the direct to consumer model of cell phone sales, all consumer benefits.

One result - they have a pretty high level of trust among users. And so they can charge a pretty remarkable premium. This level of control has also made them popular for developers. Their ecosystem has a much more consistent development experience, many more users are on a relatively recent iOS and the per user spending is far higher to name just a few elements.

Many of these things are benefits for DEVELOPERS. Sony and Microsoft make the PS and XBOX, also closed systems with networks they hope benefit developers.

And finally, does apple have an obligation to help developers make money or is their focus more properly on consumers?

Re:Apple countersues Epic, seeks punitive damages by Razengan on Wednesday September 09, 2020 @05:18PM (#24426011)
> When I complained, they ignored me. When I charged back the purchases, they canceled my Apple account.

Do you have a record of that (your emails and their cancellation notice)? Would be very interesting to see how that went down.

> Purchasing the same app more than once on the same device shouldn't even be possible.

It’s not and I don’t think it has ever been.

Re:Apple countersues Epic, seeks punitive damages by valuearb on Wednesday September 09, 2020 @12:33PM (#24422752)
I’m sorry for your loss.

But Apple believes the opposite of you, has direct contact with nearly a billion customers, and spends massively on safety/security which they wouldn’t do if it wasn’t important to customers.

Re:Apple countersues Epic, seeks punitive damages by beaner on Wednesday September 09, 2020 @01:26PM (#24423405)
I have nothing wrong with that. But again, besides the point that this path is always, necessarily beneficial to all users and all developers. It isn't.
Re:Apple countersues Epic, seeks punitive damages by valuearb on Wednesday September 09, 2020 @07:06PM (#24426978)
It doesn’t have to be. It only has to be beneficial for the vast majority of Apple customers, and it is, which makes it beneficial for the vast majority of Apple developers.
Re:Apple countersues Epic, seeks punitive damages by beaner on Thursday September 10, 2020 @12:00PM (#24433535)
That's not the point being made.
Re:Apple countersues Epic, seeks punitive damages by beaner on Wednesday September 09, 2020 @03:11AM (#24418182)
Because if the app was permitted to be installed outside of the app store, it would make more money, meaning the app store offers negative utility to some developers. Fortnite is a huge brand outside of iOS. It iOS did not make the success of Fortnite. Epic doesn't need the app store's advertising to succeed, and being forced to go through this bottleneck only hampers them.
Re:Apple countersues Epic, seeks punitive damages by yazaddaruvala on Wednesday September 09, 2020 @06:32AM (#24419527)
It’s not about advertising. It’s about trust building.

Apple has earned trust with me as a user. When I download an app from Apple’s stores it extends its trust to those apps.

I feel more comfortable spending money on iOS because of that trust. Take away the trust, and I promise there is significantly less money to be made.

Re:Apple countersues Epic, seeks punitive damages by beaner on Wednesday September 09, 2020 @11:48AM (#24422283)
If that were true, Epic would not want to offer its app outside of the app store. But it does, because it's more profitable.
Re:Apple countersues Epic, seeks punitive damages by yazaddaruvala on Wednesday September 09, 2020 @01:47PM (#24423666)
No data for this exists.

This is all my opinion and most importantly feelings about spending money though the AppStore and through any other channel.

I will say, for me no other company has built the good will that Apple has. I really doubt that Epic understands the “trust” I speak about. Both because of the general sentiment I see online and as a Fortnite player.

Re:Apple countersues Epic, seeks punitive damages by yazaddaruvala on Wednesday September 09, 2020 @04:00PM (#24425270)
Just thinking about this some more...

Have any of you actually played Fortnite?

Do any of you know how many bugs exist in that game? I’m not even talking about “wall hacks”, rendering issues, difficult collision detection stuff or the many in game broken mechanics. I’m talking about the many, many out-of-game user interface bugs. Logging in fails 1/4 the time (need to reboot the app). Matchmaking fails 1/10 the time (just stuck in an infinite loop). Matchmaking for groups fails 1/10 the time (at least one person in the party will not be in the same game!!! How does a software company fuck up atomic transactions for the full party?)

lol Epic is not a company I want handling financial transactions. I’m very happy to buy Vbucks from Apple/Google/Sony and then “safely” use Vbucks in the Fortnite store.

Re:Apple countersues Epic, seeks punitive damages by beaner on Wednesday September 09, 2020 @07:44PM (#24427292)
The data for this does exist, it is the fact that Epic does want to offer its game outside the app store, as evidenced by their statements and also by having attempted it for Android.
Re:Apple countersues Epic, seeks punitive damages by yazaddaruvala on Wednesday September 09, 2020 @11:35PM (#24428661)
This answer feels disingenuous. I feel I’ve made my point fairly clearly.

The type of trust building Apple does is a “value add” that a company like Epic doesn’t understand yet.

Epic choosing to make this decision isn’t data about Apple’s ability and mindset to earn trust. Epic choosing to make this decision seems to be a short term play at rent seeking before Fortnite stops being popular.

Also please read my other comments in this thread for anecdata about my experience/feelings as a customer of both Apple and Epic.

Re:Apple countersues Epic, seeks punitive damages by beaner on Thursday September 10, 2020 @12:04PM (#24433569)
The answer is not disingenuous at all, I think you just find it hard to accept because it is simple. You are actually trying to argue that a walled garden app store where users and developers have no other choice is always better for everyone, and that everyone should want it, because the single point of failure man-in-charge knows what's best for everybody. Do you even believe that? Or do you feel compelled to defend Apple?

You're not even making a coherent argument. Epic is making a short-term play at rent seeking? That doesn't make any sense. They're trying to be able to charge for individual products the way they do on any other open platform. Platforms that do not filter through single monolithic app stores, and which - surprise - are successful and enjoyed by millions of users and developers.

Re:Apple countersues Epic, seeks punitive damages by stale2002 on Thursday September 10, 2020 @04:26PM (#24436242)
FYI, the person you are responding to, does not want to actually address any of your points or arguments that you are bringing up. Instead, they just wants to sidestep your points.

He copy pasted the exact same comment in a conversation with me, which is why I am bringing it up. Instead of actually saying anything related to what I said, he just posted that copy-paste comment.

Likely, because they had nothing to add, related to the actual comments and points that you or I brought up.

Re:Apple countersues Epic, seeks punitive damages by yazaddaruvala on Thursday September 10, 2020 @03:10PM (#24435532)
Before continuing to participate in this discussion, I'm curious as to the character of person I'm discussing with, how many years have you,

- used an iPhone as your primary device?

- used an Android as your primary device?

- played Fortnite, and on what device?

For me it was 6 years of Android before switching to an iPhone for the last 4 years. I've been playing a lot of Fortnite (less during the waterworld season) on a PS4 over the last 11 months.

Rationale:

Especially because you're arguing for sideloading and Android already allows that, yet Epic is still suing Google. I ask because when you keep saying you're arguing "for customers" and "pro-competition".

I'm just wondering what background experience you have with all of these different companies and platforms that helps you judge what is best "for competition and the customer".

Re:Apple countersues Epic, seeks punitive damages by valuearb on Wednesday September 09, 2020 @12:31PM (#24422731)
Tim Sweeney may believe that, but he’s made a lot of dumb decisions lately.
Re:Apple countersues Epic, seeks punitive damages by danbolt on Wednesday September 09, 2020 @03:58AM (#24418506)
> iOS did not make the success of Fortnite

Does iOS make the success of any app?

Re:Apple countersues Epic, seeks punitive damages by Razengan on Wednesday September 09, 2020 @05:20PM (#24426028)
> Because if the app was permitted to be installed outside of the app store, it would make more money, meaning the app store offers negative utility to some developers. Fortnite is a huge brand outside of iOS. It iOS did not make the success of Fortnite. Epic doesn't need the app store's advertising to succeed, and being forced to go through this bottleneck only hampers them.

It’s the same for Epic on PlayStation, Switch and Xbox.

Re:Apple countersues Epic, seeks punitive damages by tw04 on Tuesday September 08, 2020 @05:18PM (#24413528)
>A game deployed to an iPhone could theoretically be acquired through an alternative app store or just direct download.

You can't have your cake and eat it too. A game produced with the Unreal Engine could just as easily be created through a natively developed engine or another licensed engine instead of Unreal. Unity, for instance:

https://en.wikipedia.org/wiki/Unity_(game_engine)

Re:Apple countersues Epic, seeks punitive damages by bananabreakfast on Wednesday September 09, 2020 @02:03AM (#24417720)
How is it a monopoly?

Apple has a monopoly... on Apple products?

Re:Apple countersues Epic, seeks punitive damages by arvinsim on Wednesday September 09, 2020 @05:57AM (#24419287)
I want the definition for monopoly be reviewed by law making entities.

It was made from a bygone era, where the digital concept didn’t even exist.

Re:Apple countersues Epic, seeks punitive damages by Traster on Tuesday September 08, 2020 @05:31PM (#24413688)
It's $100 because there's no other distribution method. If tomorrow you could use Apple's libraries and distribute the App by yourself, the cost of the Libraries wouldn't be $100. It'd be $100 and 30% of your revenue. It's not meaningful to draw out 1 bill when we all know that what's important is the total cost.
Re:Apple countersues Epic, seeks punitive damages by gpm on Tuesday September 08, 2020 @05:38PM (#24413763)
And you can bet that Epic and many other companies reaction to that pricing would jut to be to create their own set of libraries instead of paying for Apple's...
Re:Apple countersues Epic, seeks punitive damages by dwaite on Tuesday September 08, 2020 @05:49PM (#24413898)
I don't believe they would be able to do that - you don't draw to the screen using POSIX.
Re:Apple countersues Epic, seeks punitive damages by gpm on Tuesday September 08, 2020 @05:54PM (#24413947)
No, but you do draw to the screen by reverse engineering whatever os level graphics api is available and using it, and at a 30% cut on every app here there is literally billions of dollars of funding available to do that.

I imagine if Apple tried to restrict third party apps from doing that through the legal system, we would see another suit but this time about "graphics" instead of "payment processing".

Re:Apple countersues Epic, seeks punitive damages by spullara on Tuesday September 08, 2020 @05:18PM (#24413525)
The equivalent is the iPhone SDK and developer tools for it. Not the store.
Re:Apple countersues Epic, seeks punitive damages by Tostino on Wednesday September 09, 2020 @12:47AM (#24417232)
Thats already a separate charge...
Re:Apple countersues Epic, seeks punitive damages by acomjean on Tuesday September 08, 2020 @05:27PM (#24413636)
>They seem not quite the same to me

I agree. Operating systems are not App Stores.

Re:Apple countersues Epic, seeks punitive damages by cafed00d on Wednesday September 09, 2020 @12:31AM (#24417141)
>A game deployed to an iPhone could theoretically be acquired through an alternative app store or just direct download

This is false; unless theoretically means there's no concept of "money" involved in our world.

A game deployed to an iPhone must be compatible with the hardware chip supplied on the iPhone, must be built using APIs designed, built and committed to be supported by the iPhone.

Apps can't be built out of thin air. Programming languages, debuggers, IDEs, distributions channels, commitment to support cost money, time and people's energy. Apple, as a private business, can choose to monetize however they wish to. It would be really dumb for the govt or other parties to dictate what pricing policies Apple has to set for a product they're building. Heck, they're free to ask for a million dollars for each copy of Xcode people use.

Apple is trying to balance the costs of building an iPhone ecosystem with the benefits of ease of accessibility to that ecosystem.

Customers pay Apple to handle _everything_ from rearranging sand to naming functions accessible to developer to make the iPhone.

Re:Apple countersues Epic, seeks punitive damages by chipotle_coyote on Wednesday September 09, 2020 @03:25AM (#24418270)
> > A game deployed to an iPhone could theoretically be acquired through an alternative app store or just direct download.

> This is false; unless theoretically means there's no concept of "money" involved in our world.

I am fairly sure that Apple has already produced a general purpose computing device that also requires applications deployed to it to be compatible with its CPU and to be built using APIs designed and built by Apple, but nonetheless lets applications be acquired for it through other means, including direct download.

Re:Apple countersues Epic, seeks punitive damages by saagarjha on Wednesday September 09, 2020 @05:33AM (#24419120)
Not only that Apple has produced the exact same platform with the same CPU and development tools and APIs as iPhone which it is set to launch later this year where sideloading is completely allowed.
Re:Apple countersues Epic, seeks punitive damages by cafed00d on Wednesday September 09, 2020 @07:50PM (#24427340)
Yep that is true. That doesn't justify that Apple _should_ enable side-loading on the iPhone. Just because they _can_ do it doesn't mean they're _legally, ethically or morally_ obligated to do so.

Ultimately, it's their product. I mean, can you imagine the world we'd live in if some arbitrary group of people (who are _not_ the product developers) decided that the iPod should be opened up to side-load any arbitrary software, such as a music store, run by some other company.

In what world is that legal? Just because the iPhone has majority profits of the smartphone market doesn't mean they ought to share that platform with everyone else. If developers don't like Apple's policies they should not build for Apple's platforms. It's pretty simple.

Go make your iPhone, and App Store, and Retail distribution channels and marketing that works to your specification. Isn't that what competition means?

Re:Apple countersues Epic, seeks punitive damages by jrockway on Tuesday September 08, 2020 @05:39PM (#24413784)
You can write a game without using Unreal Engine. You can't write an iPhone app without Apple's permission, even if you don't use a single byte from their SDK.

The "the app store pays for libraries" argument is total bullshit. Apple wants 30% of your Spotify subscription because they saw it, they wanted it, and now they're having a temper tantrum about it. Not because they laid the foundation for Spotify.

Re:Apple countersues Epic, seeks punitive damages by pjmlp on Tuesday September 08, 2020 @05:57PM (#24413997)
In game consoles you can't even start coding for them unless they happen to like you, and on top pay several thousands for a devkit.
Re:Apple countersues Epic, seeks punitive damages by gamblor956 on Tuesday September 08, 2020 @06:33PM (#24414374)
This is false.

Sony and MS games can be programmed without licenses or devkits (which make it much easier to debug games by providing debug access not available on retail consoles).

Moreover, devkits are frequently made available for free by both companies to indie developers and even major partners.

Re:Apple countersues Epic, seeks punitive damages by eigen on Wednesday September 09, 2020 @01:40AM (#24417582)
> Sony and MS games can be programmed without licenses or devkits (which make it much easier to debug games by providing debug access not available on retail consoles).

Xbox developer mode [1] appears to require a valid, current Partner Center app developer account [2]. Individual accounts are $19 and "With a developer account, you can submit apps and games to Microsoft marketplaces, including the Microsoft Store."

so you dont need a devkit but would need an Xbox and you do need an account to publish. so yes, while you dont need a xbox dev account to program, you dont need an apple dev account to program either. you just need a dev account on either platform to publish.

[1] https://docs.microsoft.com/en-us/windows/uwp/xbox-apps/devki... [2] https://developer.microsoft.com/en-us/store/register/

Re:Apple countersues Epic, seeks punitive damages by pjmlp on Wednesday September 09, 2020 @01:35AM (#24417539)
Please provide the link for the Sony SDK, and Microsoft's XDK.

In Microsoft's case, UWP on XBox doesn't count as it is castrated to the actual OS capabilities, and hasn't been updated for a while and most likely it won't.

Re:Apple countersues Epic, seeks punitive damages by gamblor956 on Wednesday September 09, 2020 @01:35PM (#24423513)
SDK:https://www.xbox.com/en-US/developers

In some version of Visual Studio the SDK can be downloaded from within the program.

XDK: https://docs.microsoft.com/en-us/gaming/xbox-live/get-starte...

The XDK (aka HDK) includes physical hardware and is intended for more demanding games.

Sony SDK: https://www.companyregistration.playstation.com/SCEInternetA...

The Sony SDK and HDKs are available to registered partners only, though registration is free and the SDK (but not the HDK) is free to all partners.

Re:Apple countersues Epic, seeks punitive damages by BoorishBears on Tuesday September 08, 2020 @05:16PM (#24413486)
> And Epic doesn't even provide quality control, a discovery mechanism, or payment processing.

You're comparing Epic's dev tools to XCode.. but then you're also comparing them to the App Store later in your comment?

Epic has an equivalent of the App Store that does the things you listed: https://www.epicgames.com/store/en-US/about

(saying either does QC is a little disingenuous imo. Apple does "QC" insofar to make sure you're not trying to submit a flaming hunk of garbage, they're not there to be your QC. Epic does the same.)

Re:Apple countersues Epic, seeks punitive damages by akira2501 on Wednesday September 09, 2020 @01:51AM (#24417653)
> which provides the Unreal Engine for free- but with the following clause:

Which is just _one_ of _many_ licensing terms available for that product. You can just buy a license outright and avoid the royalty fee if you so choose.

Re:Apple countersues Epic, seeks punitive damages by AsyncAwait on Tuesday September 08, 2020 @05:09PM (#24413418)
You pay Apple a developer fee. It's not free.
Re:Apple countersues Epic, seeks punitive damages by kevingadd on Tuesday September 08, 2020 @05:09PM (#24413408)
Well, if they were charging 30% maybe you could expect those services.
Re:Apple countersues Epic, seeks punitive damages by balls187 on Tuesday September 08, 2020 @05:26PM (#24413628)
> If it costs money to develop a platform, it doesn't seem that strange to just charge that upfront when someone buys an iPhone.

Epic runs their own digital distribution platform, in which they also take a cut of the sales. Their terms are different than Apples, but they still do take a cut of sales.

Epic also takes 5% royalties for any (non-free) game built with Epic's Unreal Engine.

Epic and Apple have the same business model, however Epic's terms are not as high as Apples.

On the other hand, Epic makes a lot of money selling "cosmetics" and loot boxes. In effect, you have a company that has profited immensely from gambling, going after a company that has profited immensely due to their own closed ecosystem.

(also not to mention Epic blatantly ripped off the success of PUBG when they switched Fortnite to be a Battle Royale game)

Re:Apple countersues Epic, seeks punitive damages by jrockway on Tuesday September 08, 2020 @05:35PM (#24413731)
It doesn't really matter what Epic is doing. Loot boxes, game engines, and game mechanics aren't the issue here. The issue is that I, a user of an iPhone, should be able to install whatever software I want. You know what? I played Fortnite and I hated it. I won't be installing Fortnite or buying any skins for it. But, Epic has the right to offer their product to me without interference. Apple already has $1000 of my money (actually wayyyy more than that), and now I don't want them involved in my life anymore. I think I'm entitled to that.

> (also not to mention Epic blatantly ripped off the success of PUBG when they switched Fortnite to be a Battle Royale game)

I think Epic did it better. That's why we don't give intellectual property rights to vague ideas like "100 players parachute into an island and shoot each other" or "after a certain amount of time a circle kills people outside of it". PUBG had their take -- super boring stakeouts to get hyper-realistic weapons. Fortnite had their take -- cartoony jumping around while you build forts. Players can choose which they want to play. (And, of course, there are like 8 billion other battle royales.)

Re:Apple countersues Epic, seeks punitive damages by supernova87a on Tuesday September 08, 2020 @06:32PM (#24414358)
> The issue is that I, a user of an iPhone, should be able to install whatever software I want.

That's your opinion. That is not what's supported by our current technology/copyright/intellectual property-related laws.

Please be clear about that.

Re:Apple countersues Epic, seeks punitive damages by gamblor956 on Tuesday September 08, 2020 @06:34PM (#24414384)
That is not what's supported by our current technology/copyright/intellectual property-related laws.

That is your opinion. Please be clear about that.

Currently, what Apple is doing violates EU and US antitrust laws. It's not a matter of what the user wants. It's a matter of Apple abusing its market position.

Re:Apple countersues Epic, seeks punitive damages by threeseed on Tuesday September 08, 2020 @11:07PM (#24416549)
> Currently, what Apple is doing violates EU and US antitrust laws

Please provide legal documents equivocally stating this.

Re:Apple countersues Epic, seeks punitive damages by stale2002 on Wednesday September 09, 2020 @02:50AM (#24418018)
Re:Apple countersues Epic, seeks punitive damages by gamblor956 on Wednesday September 09, 2020 @01:32PM (#24423482)
It's not actually the Sherman Antitrust Act they violate, since that law specifically requires a monopoly.

It's the followup laws broadening the Sherman Antitrust Act that Apple violates. The amendments to the Sherman Act target anti-competitive behavior that results in market distortive effects, even in the absence of a monopoly. This includes price-fixing, collusion, and using leverage in one market to interfere with the market dynamics of another (usually smaller) market (see, e.g., Microsoft). There is at least one landmark case in which minor market participants were found to have violated the antitrust laws because their collusion would have anticompetitive effects even though their combined market share was less than half of the market, though the case dates to a more active time in antitrust jurisprudence.

Apple is no stranger to anti-competitive behavior; they are in fact the banner case for the last big antitrust case...which similarly did not involve a monopoly of any sort. (The book price-fixing case.)

Re:Apple countersues Epic, seeks punitive damages by nodamage on Wednesday September 09, 2020 @05:55PM (#24426379)
This is almost entirely wrong. The Sherman Act has 2 sections. Section 1 prohibits actions like price fixing and bid rigging regardless of market power. It's section 2 that prohibits monopolization and requires monopoly power.

The majority of antitrust claims are brought under the Sherman Act. Apple's ebook price fixing case was brought under Section 1 of the Sherman Act.

All of Epic's federal claims against Apple are alleged violations of the Sherman Act.

Re:Apple countersues Epic, seeks punitive damages by nodamage on Wednesday September 09, 2020 @04:09AM (#24418585)
Epic alleges Apple has violated the Sherman Act. They have not proven this in a court of law, nor is it clear that they actually will succeed in doing so.
Re:Apple countersues Epic, seeks punitive damages by danbolt on Wednesday September 09, 2020 @04:05AM (#24418565)
Just to clarify, in this case, Apple has violated Section 2 of the Sherman Act due to having a monopoly on Apple services?
Re:Apple countersues Epic, seeks punitive damages by stale2002 on Wednesday September 09, 2020 @04:48AM (#24418834)
> Apple has violated Section 2 of the Sherman Act due to having a monopoly on Apple services?

Sort of. There are two possible avenues of attack here against Apple. And it depends on how the market is defined.

1: if the "market" is defined as you have, which is a "monopoly on apple services", then it absolutely true that Apple does have a monopoly on the specific market as defined by "Apple services", and I would accept 10 to 1 betting odds on that.

BUT, I think it is a bit of a stretch that the "market" will be defined that narrowly. Instead I think that the market will be defined as the smartphone market share of the USA.

2: If the market is defined as the smartphone market, in the USA, then the argument will be that Apple has control of ~50% of the market, in a 2 entity duopoly. It is a common misconception, that anti-trust law only applies in cases, of a overwhelming singular monopoly. Instead, anti-trust law, applies even in cases where there is not a singular monopoly, and the company in question only has significant market power.

Controlling 50% of the market share, is a bit on the edge of whether anti-trust law applies, or does not apply, as according to government guidance. So the case is far from a slam dunk, and I think that there will be interesting arguments brought up in court.

But, even though Apple has less market share than, say Microsoft did, when Microsoft lost their anti-trust case, I think that Apple's actions are significantly more restrictive than Microsoft's was, and thus this contributing factor will push them over the edge into losing the case.

I expect that this case will be a landmark case, that will determine future court actions, and will be even more significant than the microsoft case was.

Re:Apple countersues Epic, seeks punitive damages by gamblor956 on Wednesday September 09, 2020 @01:48PM (#24423680)
No, Apple, among other things, has violated the laws against anticompetitive behavior by attempting to exert its market dominance in one market (iPhones) over a separate market (app stores) by engaging in punitive and market-distortive actions against potential competitors.

Similar antitrust violations of the same nature: iMusic vs Spotify, iChat vs Hey/other chat programs, Apple Webkit vs all other browsers.

I would have included Apple Pay but in that instance Apple lost, largely because their actions in other markets made it extremely undesirable for merchants and payment processors to get behind Apple's vision of Apple Pay in which Apple skimmed X% for providing absolutely no value to the transaction. In fact, so many retailers found Apple to be an undesirable partner that a number of major retailers disabled Apple Pay integration on their NFC-capable payment terminals. For example, most Kroger locations (like Ralphs) take Google Pay, Samsung Pay, Garmin Pay, and most other app-based NFC payment methods...but not Apple Pay. (Apple's situation is similar to American Express, which also charges significantly higher rates to retailers than its competitors, but unlike Apple, Amex actually processes transactions and theoretically provides valule to retailers, just not enough to justify its Appleesque rates.)

Re:Apple countersues Epic, seeks punitive damages by balls187 on Tuesday September 08, 2020 @05:58PM (#24414012)
> The issue is that I, a user of an iPhone, should be able to install whatever software I want.

And, likewise, Apple, as the platform owner, should be able to deny access whatever software they want.

You can of course, jailbreak your iphone, or install PWA's that work.

Re:Apple countersues Epic, seeks punitive damages by ClumsyPilot on Tuesday September 08, 2020 @11:11PM (#24416583)
I am just waiting untill car companies as "platform owners" start preventing you from driving to areas they don't like, or exceeding speed limit.

Afterall, you just paid for the car, they still own the software that controls the engine.

Re:Apple countersues Epic, seeks punitive damages by jjcon on Wednesday September 09, 2020 @12:48AM (#24417240)
> I am just waiting untill car companies as "platform owners" start preventing you from driving to areas they don't like, or exceeding speed limit.

Maybe just don’t buy that car then?

Re:Apple countersues Epic, seeks punitive damages by rpdillon on Wednesday September 09, 2020 @02:08AM (#24417754)
Just like I should buy a phone without a restrictive app store installed by default that bans apps capriciously?
Re:Apple countersues Epic, seeks punitive damages by nicky0 on Wednesday September 09, 2020 @03:25AM (#24418264)
Exactly, if you don't like the way Apple does things don't buy an iPhone and don't develop software for iPhones. Very simple.
Re:Apple countersues Epic, seeks punitive damages by rpdillon on Thursday September 10, 2020 @04:12PM (#24436083)
My point was that Android is the same deal.
[dead]
Re:Apple countersues Epic, seeks punitive damages by jjcon on Wednesday September 09, 2020 @10:43AM (#24421553)
Then don’t buy that washing machine... how is this hard to understand?
Re:Apple countersues Epic, seeks punitive damages by ClumsyPilot on Wednesday September 09, 2020 @10:53AM (#24421668)
And eventually your only option will be to live in a cave.
Re:Apple countersues Epic, seeks punitive damages by balls187 on Wednesday September 09, 2020 @03:07PM (#24424602)
> Afterall, you just paid for the car, they still own the software that controls the engine.

They do this to an extent already.

Aftermarket ECU Tunes can often invalidate your warranty.

Most OEM infotainment headunits are not user upgradable.

GPS Maps must be refreshed through the dealer.

In the US there is a governor that limits how fast a car can go.

Re:Apple countersues Epic, seeks punitive damages by ezconnect on Wednesday September 09, 2020 @12:36AM (#24417173)
Wait till your microwave oven doesn't want to cook the food you want and paid for.
Re:Apple countersues Epic, seeks punitive damages by baconandeggs on Wednesday September 09, 2020 @01:47AM (#24417628)
Why wait? it's always been possible and legal, just like Kcups and Juicero do, or did.
Re:Apple countersues Epic, seeks punitive damages by balls187 on Wednesday September 09, 2020 @03:08PM (#24424616)
Then I use the stove?
Re:Apple countersues Epic, seeks punitive damages by LegitShady on Tuesday September 08, 2020 @11:16PM (#24416627)
imagine saying this about microsoft when they were dominant
Re:Apple countersues Epic, seeks punitive damages by balls187 on Wednesday September 09, 2020 @03:10PM (#24424642)
Apple is far from dominant.

Android is by far the most dominate mobile platform worldwide.

Re:Apple countersues Epic, seeks punitive damages by threeseed on Tuesday September 08, 2020 @11:09PM (#24416569)
> I, a user of an iPhone, should be able to install whatever software I want

And you can. You just need to bypass Apple's security mechanisms.

Re:Apple countersues Epic, seeks punitive damages by saagarjha on Wednesday September 09, 2020 @05:34AM (#24419128)
You can murder people all you like too, as long as you figure out how to never get caught.
Re:Apple countersues Epic, seeks punitive damages by mehrdada on Wednesday September 09, 2020 @02:52AM (#24418035)
You can, without bypassing security mechanisms. Simply acquire a free developer certificate to sign your own binaries. They work for a week but you can re-sign them.
Re:Apple countersues Epic, seeks punitive damages by saagarjha on Wednesday September 09, 2020 @05:36AM (#24419140)
Free developer accounts have more restriction than paid accounts do, which is already nowhere close to “I want to run anything on my device”.
Re:Apple countersues Epic, seeks punitive damages by hu3 on Tuesday September 08, 2020 @11:21PM (#24416664)
That breaks ToS.
Re:Apple countersues Epic, seeks punitive damages by jjcon on Wednesday September 09, 2020 @12:49AM (#24417244)
And? All that means is they can refuse to service the device which to me makes sense.
Re:Apple countersues Epic, seeks punitive damages by mitsubishi77 on Wednesday September 09, 2020 @06:42AM (#24419581)
> The issue is that I, a user of an iPhone, should be able to install whatever software I want.

Could one not argue that you are able to do this by jailbreaking your iOS-device, which the courts have deemed perfectly legal?

It seems to me that one owns the phone, but not necessarily the operating system it runs.

Re:Apple countersues Epic, seeks punitive damages by noahtallen on Tuesday September 08, 2020 @05:00PM (#24413304)
> just charge them for development tools

Thing is, Apple still charges $100 USD per year for a developer license which lets you distribute your app, so this is already happening! :)

Re:Apple countersues Epic, seeks punitive damages by pier25 on Wednesday September 09, 2020 @12:47AM (#24417234)
Yep.

From the court documents, Apple said there are 27M AppStore registered devs. Even if only half of those pay $100 per year that's still about $1.3B per year.

Re:Apple countersues Epic, seeks punitive damages by pjmlp on Wednesday September 09, 2020 @03:30AM (#24418302)
Pennies, when compared with console devkit prices.
Re:Apple countersues Epic, seeks punitive damages by saagarjha on Wednesday September 09, 2020 @05:36AM (#24419149)
Surely there are not 27 million console developers?
Re:Apple countersues Epic, seeks punitive damages by pjmlp on Wednesday September 09, 2020 @07:37AM (#24419888)
No, because the money stakes to get into the console development game party is much higher than iOS, which apparently Epic is happy to pay for.
Re:Apple countersues Epic, seeks punitive damages by pier25 on Wednesday September 09, 2020 @01:27PM (#24423409)
Those devs do still need a Mac and (most likely) an iOS device too. There's your dev kit.

Edit:

It's even worse than with consoles as every dev needs at least a Mac. When developing for consoles most work is not done on the dev kit itself.

Re:Apple countersues Epic, seeks punitive damages by dgellow on Tuesday September 08, 2020 @05:08PM (#24413396)
Even worse. $100 is for individual developers, it’s $299 per year for organizations.

Google asks for $25, once, for a team that can be an individual or an organization, as you wish.

Re:Apple countersues Epic, seeks punitive damages by hinkley on Tuesday September 08, 2020 @05:23PM (#24413587)
Even wor... really?

That is less than the coffee bean budget for a month at most of these organizations. They probably spend more than that a year on parts and labor for the coffee equipment.

That organization fee is a token fee. A little friction so that it makes you serious and it stings a bit if it gets cancelled. To maybe not faff about and get down to shipping a product. A few bucks to cover things like CA maintenance and help fund some outreach programs I suspect.

$100 for individuals might be a bit on the steep side, I'll grant you. Or a stick to get you to become an organization as soon as possible.

Re:Apple countersues Epic, seeks punitive damages by zakki on Tuesday September 08, 2020 @05:54PM (#24413956)
Even worse is in relation with 30% cut. They charge $100 per year for the development tools. Yet, the outcome of the development tools must be sold in Apple market with 30% cut.
Re:Apple countersues Epic, seeks punitive damages by dgellow on Wednesday September 09, 2020 @02:35AM (#24417937)
It’s 10 times the $25 from Google Play, and is per year. That’s in addition to the $100 that you have for the Apple store as far I understood their documentation.
Re:Apple countersues Epic, seeks punitive damages by hinkley on Wednesday September 09, 2020 @02:05PM (#24423886)
I mean, that's 12x, but last I heard you also make about 8x as much money on iOS as you do on Google Play, so dickering over $274 is still petty.
Re:Apple countersues Epic, seeks punitive damages by ncw96 on Tuesday September 08, 2020 @05:37PM (#24413754)
If you are an organization, Apple’s fee is still $99 per year for the standard account with App Store publishing access.

There is a second program called the Apple Developer Enterprise Program, which is $299 per year, and is only required if you wish to deploy apps for internal use across your organization without using the App Store.

Re:Apple countersues Epic, seeks punitive damages by dgellow on Wednesday September 09, 2020 @02:37AM (#24417942)
Correct, I mixed “enterprise” and “organization”. Thanks for the clarification and additional details
Re:Apple countersues Epic, seeks punitive damages by dwaite on Tuesday September 08, 2020 @05:51PM (#24413917)
It is $99 for developer organizations. It is $299 for enterprises who wish to do their own enterprise signing (e.g skip the store).
Re:Apple countersues Epic, seeks punitive damages by nullc on Tuesday September 08, 2020 @05:17PM (#24413516)
The customer is the product isn't just limited to advertising companies. It follows naturally that Apple considers you their property and believes they can control others doing business with you.

Which, in fact, they can-- if you use their products.

There is, however, a straightforward way to stop them: Don't use their products.

Re:Apple countersues Epic, seeks punitive damages by simonh on Tuesday September 08, 2020 @05:22PM (#24413573)
The other way to look at it is that I as a user hire Apple to vet and QA the apps released for iOS and manage my relationship with all those developers on my behalf. That’s the deal I knowingly enter into when I buy an iPhone and I’m quite happy with it.

If others aren’t happy with it that’s fine too, just get a different phone. I don’t see any justification for coercing Apple into entering into commercial arrangements and developing product features they don’t want to support.

Re:Apple countersues Epic, seeks punitive damages by nullc on Tuesday September 08, 2020 @06:19PM (#24414234)
This way of looking at it doesn't justify _apple_ having a cause of action against epic for seeking to do business with you, consensually, without apple's intervention.
Re:Apple countersues Epic, seeks punitive damages by dodobirdlord on Wednesday September 09, 2020 @05:26AM (#24419080)
Sure it does, Apple has a cause of action against Epic for violating a contractual arrangement, which has nothing to do with anyone other than Epic and Apple. The only caveat is that the contractual relationship in question might be found to be illegal. But it's not as though this isn't a case between Apple and Epic about a contract dispute.
Re:Apple countersues Epic, seeks punitive damages by cf_ on Wednesday September 09, 2020 @12:30AM (#24417135)
True, you could stop using their products, but you could also argue that when you buy a product (and not a software license), you should be able to do what you like with that product. It should certainly be within the customers rights to use a physical product the best way they see fit and not the best way the manufacturer sees fit. I mean: I paid for it outright, I received what essentially is a computer by all means and now the manufacturer would like to continue having a say in how I can use it.

I‘ll admit that having the Apple iOS ecosystem is of certain value, but Apple doesn‘t even allow you to install your own OS. My point is that if I buy a hammer, should I be forced to use it only for hammering nails or could I use it for other things as well?

Re:Apple countersues Epic, seeks punitive damages by yazaddaruvala on Wednesday September 09, 2020 @06:52AM (#24419630)
This is like buying a hair dryer and asking, “where is the cold air feature? If it can blow hot air, I should be able to disable the part that makes the air hot. I bought the product outright!”.

The reality is, you bought a product that accurately advertised its features. Were you ever misled into thinking that an iPhone could download non-AppStore apps? If so, please return your phone you are owed a refund and maybe even sue for false advertising.

Meanwhile, if you bought the product like me knowing the product’s features. It feels disingenuous to now want more from the product.

If you want to jailbreak your iPhone, do it. But you really shouldn’t expect Apple to provide updates or support your warranty once you choose to. The same as if you opened up a hair dryer, and disabled the part that heats the air the warranty would be void.

Re:Apple countersues Epic, seeks punitive damages by anm89 on Tuesday September 08, 2020 @04:51PM (#24413186)
While in principle I agree with you, if Epic signed an agreement that they owed Apple a percent based on initial terms, then that is out the window.
Re:Apple countersues Epic, seeks punitive damages by summerlight on Wednesday September 09, 2020 @12:54AM (#24417266)
https://en.wikipedia.org/wiki/Unconscionability

It's called an unconscionable contract. Epic's argument is that you cannot enforce unfair things even if you signed on it. Of course, the court is going to decide if it's really unfair, neither Epic nor Apple.

Re:Apple countersues Epic, seeks punitive damages by NovemberWhiskey on Wednesday September 09, 2020 @07:40AM (#24419908)
Unconscionable is not the same as "unfair" in the commonly understood sense.

I would be interested to see a solid case decided on unconscionability where both parties are multi-billion dollar companies with substantial resources to spend on negotiating contracts.

If "I really want what you're selling, but it's kinda expensive" is the new standard for unconscionability, then we're all in big trouble.

Re:Apple countersues Epic, seeks punitive damages by kevingadd on Tuesday September 08, 2020 @04:53PM (#24413218)
Their whole argument is that the agreement shouldn't be enforceable, which is why they sued first. Naturally, that means they signed the agreement.
Re:Apple countersues Epic, seeks punitive damages by toomuchtodo on Tuesday September 08, 2020 @04:58PM (#24413279)
Sounds like, at least temporarily, the court believes the agreement to be enforceable.

>In a ruling late last month, Judge Yvonne Gonzalez Rogers largely rejected similar arguments Epic made in seeking a restraining order against Apple regarding Fortnite development on iOS. There was no "irreparable harm" to Epic, Rogers wrote, because "the current predicament appears of [Epic's] own making."

> "Your client created this situation," Rogers told lawyers for Epic in an August hearing. "Your client does not come to this action with clean hands... in my view, you cannot have irreparable harm when you create the harm yourself."

> "The court recommended that Epic comply with the App Store guidelines while their case moves forward, guidelines they’ve followed for the past decade until they created this situation," Apple said in a statement earlier this month." Epic has refused. Instead they "repeatedly submit Fortnite updates designed to violate the guidelines of the App Store."

EDIT: @gpm The status quo you refer to is Epic abiding by the agreement they argue is unenforceable. I have to be mindful about my reply quantity, HN throttles me otherwise, hence the edit.

https://arstechnica.com/gaming/2020/08/judge-issues-restrain...

Re:Apple countersues Epic, seeks punitive damages by gpm on Tuesday September 08, 2020 @05:01PM (#24413319)
Irreparable harm here means no harm that would be caused by not granting a temporary restraining order that could not be fixed by granting a preliminarily injunction later, or cured in a final ruling. It does not mean there is no harm (edit: Or that the agreement is enforceable).

The idea is just that the judge is generally going to maintain the status quo during the TRO phase (this policy exists because there has been such little time for legal argument at the point that a TRO is requested).

I don't see that any of these quotes are at all responsive to the person you are responding to.

> EDIT: @gpm The status quo is Epic abiding by the agreement they argue unenforcable.

Heh, just so you know you can reply to new comments by clicking on the timestamp and then clicking reply.

Anyways, I think I must be missing your point? The person you replied to appeared to be arguing about what the final ruling should be not about whether or not a TRO should be granted (which is where the status quo arguments come in).

Re:Apple countersues Epic, seeks punitive damages by kwanbix on Tuesday September 08, 2020 @04:54PM (#24413228)
That something is written on a contract does not means that is enforceable. If not I will create a contract that says you are now the president and you will still not be.
Re:Apple countersues Epic, seeks punitive damages by parasubvert on Tuesday September 08, 2020 @05:13PM (#24413455)
Apple’s contract is completely normal though. Resale distribution channels for locked in platforms aren’t new: Ticketmaster, PlayStation, Nintendo, Xbox, etc

The only difference is people want to change the rules because they feel Apple (and Google) have won the game forever and App Stores should now be regulated like utilities.

Re:Apple countersues Epic, seeks punitive damages by bsaul on Tuesday September 08, 2020 @05:22PM (#24413583)
The analogy with videogame console is i think the best one. I hate Apple rules on the app store, but i’ve always wondered if they hadn’t just copied the gaming console business models.

Which makes me wonder : is there any way to distribute your own game to playstation users, without having to ask or pay anything to sony ?

Re:Apple countersues Epic, seeks punitive damages by parasubvert on Tuesday September 08, 2020 @05:47PM (#24413862)
Generally, no, unless is the equivalent of a jailbreak.

Same for any console, though some are very restrictive and have very specific pricing guidelines (eg. Nintendo).

Re:Apple countersues Epic, seeks punitive damages by bad_user on Tuesday September 08, 2020 @05:06PM (#24413381)
The contract developers have with Apple involves use of Apple's property.

A contract may not be enforceable, but only if it contradicts the law. In this instance, I don't see how.

Re:Apple countersues Epic, seeks punitive damages by gpm on Tuesday September 08, 2020 @05:12PM (#24413440)
> I don't see how.

I suggest you read up on this dispute then, because the whole cause of this dispute is that Epic believes the contract violates anti-trust law.

Re:Apple countersues Epic, seeks punitive damages by kevingadd on Tuesday September 08, 2020 @05:11PM (#24413433)
What physical property of Apple's is involved here? There's intellectual property, but at the end of the day the purpose of their Intellectual Property Rights in this scenario is to ensure that after paying them $1000 for a phone they still get to collect 30% of all the purchases you make using that phone in perpetuity (as long as they can get away with it), while also limiting what you can do with your Physical Property that you paid for.

I suppose if you don't like it you can go buy an Android phone and just give away all your data in addition to the 30%.

Also worth considering: How much of Apple's intellectual property here could exist without them harvesting decades of free/open software development history unpaid? And now they're complaining that someone used their SDK after paying the license fees?

Re:Apple countersues Epic, seeks punitive damages by supernova87a on Tuesday September 08, 2020 @05:03PM (#24413341)
Well to be specific, buying the iPhone comes with access to apps through the the App Store, not any software that you like. That's clear to almost everyone I would think. And it comes without any statement/guarantee about how Apple charges the developers or the agreements there. Most people have no idea, and don't care.

Some apps choose to make their apps free, others choose to charge fees. Some want to have their in-app purchases charged 30%, others don't.

Lots of products charge you an upfront fee, and then more fees for various things in addition. I don't think you've got much of a leg to stand on with that argument. That would be like saying, I paid for my cell phone, I don't think that cellular carriers should charge me again for the monthly service -- they should bundle it all one.

It's a design and pricing choice. And you buy in or you don't.

Re:Apple countersues Epic, seeks punitive damages by AsyncAwait on Tuesday September 08, 2020 @05:05PM (#24413366)
> your buying the iPhone comes with access to apps through the the App Store, not any software that you like

And that's a problem. I am buying an iPhone, per Apple, not renting it. Therefore I should be allowed to run whatever I please on my hardware.

Re:Apple countersues Epic, seeks punitive damages by simonh on Tuesday September 08, 2020 @05:36PM (#24413738)
I agree that once you own it, you have the right to do with it what you like. I have personally jail broken an iPod Touch and an iPhone to load Cydia on them back in the day and I believe I had the right to do so.

On the other hand you and I don’t have the right to dictate to Apple what software they write and what features it has. That includes features for installing and managing software packages, software upgrades, security features, etc.

Re:Apple countersues Epic, seeks punitive damages by supernova87a on Tuesday September 08, 2020 @05:08PM (#24413395)
> Therefore I should be allowed to run whatever I please on my hardware.

Well, that can definitely be your opinion. But whether that's fact or supported by our current laws is not at all certain. Let's at least be clear what's fact and what's desire.

Re:Apple countersues Epic, seeks punitive damages by ShroudedNight on Tuesday September 08, 2020 @05:33PM (#24413716)
Given your first post:

> ...buying the iPhone comes with access to apps through the the App Store, not any software that you like. That's clear to almost everyone I would think....

> It's a design and pricing choice. And you buy in or you don't.

This follow up:

> ...whether that's fact or supported by our current laws is not at all certain

Appears to at least be an explicit moving of the goal posts, if not claiming advantage from both sides of the argument. Is it clear that the relationship is a legally enforced 'take it or leave it', or isn't it?

Re:Apple countersues Epic, seeks punitive damages by supernova87a on Tuesday September 08, 2020 @05:45PM (#24413850)
I don't know what argument you're talking about. I'm trying to be charitable to the person above and not outright say that "no, you don't get to run whatever software he likes on a phone he bought". He's on the losing side, but maybe laws in the future will change.

Right now, it's totally within a company's rights (and a consumer's rights) to review the terms of a sale of a product/service, and agree to them or not.

Re:Apple countersues Epic, seeks punitive damages by satyrnein on Tuesday September 08, 2020 @05:16PM (#24413499)
I bought a Roku recently, figuring as a more popular platform than my previous Android TV box that I would get all the popular apps. I was surprised to later learn that I wasn't getting an HBO Max app seemingly because Roku and HBO hadn't agreed on commercial terms (that I hadn't realized even existed). I didn't care, but it ended up affecting me.

The Apple/Epic fought reminds me of when sometimes content owners and cable networks are fighting over affiliate fees and it spills into PR campaigns targeting the public. Typical consumers don't want to think about it, but they can end up effective leverage in the negotiation occurring.

Re:Apple countersues Epic, seeks punitive damages by supernova87a on Tuesday September 08, 2020 @05:27PM (#24413631)
Yes, it is totally like that. It's like MLB and ESPN, or Comcast and local channels, record labels and musicians, or any other favorite platform or product where co-sellers of something have to split up the shares of revenue and costs.

Companies on one side of it will always try to frame it as a principled fight over consumer access, etc. etc. And the other company will frame it as a cost of doing business / business model. But it always boils down to dissatisfaction about the prices they're paying or receiving.

Don't buy into the claimed principles. They're just dressing on the argument that is always about the $. Both sides.

Re:Apple countersues Epic, seeks punitive damages by belltaco on Tuesday September 08, 2020 @06:13PM (#24414167)
>That would be like saying, I paid for my cell phone, I don't think that cellular carriers should charge me again for the monthly service -- they should bundle it all one.

Bad analogy, it'd be like buying the cell tower and getting charged for using it.

Re:Apple countersues Epic, seeks punitive damages by XMPPwocky on Tuesday September 08, 2020 @11:09PM (#24416576)
I bet this happens- I'm sure somebody will sell you, say, a 1-year license for software required to run an eNB or whatever. Don't pay? No working cell tower for you.
Re:Apple countersues Epic, seeks punitive damages by mstolpm on Tuesday September 08, 2020 @06:23PM (#24414268)
The price the customer pays is clearly for the package of hardware, operating system and (some) services. The 30% cut developers pay is for a monetized access to Apples iOS APIs. The 99$ fee is for access to developer tools, review processing, "free" access to the platform and more.

Different sides, different business concepts.

Re:Apple countersues Epic, seeks punitive damages by caf on Wednesday September 09, 2020 @01:09AM (#24417345)
No, the 30% vig developers pay (both Apple and Google) is for access to the customers. It's what you're being sold for.
Re:Apple countersues Epic, seeks punitive damages by untog on Tuesday September 08, 2020 @05:00PM (#24413296)
"at Apple's expense" really surprised me in that statement, too. Certainly, Epic's move denied Apple money they would have earned, but "at their expense" makes it sound like Epic was going to bankrupt them.
Re:Apple countersues Epic, seeks punitive damages by gpm on Tuesday September 08, 2020 @05:11PM (#24413426)
I think from Apple's perspective here Epic's move did two things.

It denied both Apple and Epic revenue by decreasing sales.

It moved revenue from Apple to Epic by moving the commission on the sales that did happen from Apple to Epic. I believe this is what they're complaining about with the "lined Epic’s pockets at Apple’s expense", i.e. they are arguing that they are entitled to that commission on the transactions that went through the 3rd party payment provider.

Re:Apple countersues Epic, seeks punitive damages by salawat on Tuesday September 08, 2020 @08:57PM (#24415501)
Ah yes, the mythical "lost potential sale/revenue" quantum ogre. Truly the fiercest of courtroom opponents.
Re:Apple countersues Epic, seeks punitive damages by Hippocrates on Tuesday September 08, 2020 @05:13PM (#24413456)
Hmm, "at their expense" sounds incredibly accurate to me, but outside of the literal interpretation, this is usually used in a more dramatic way.
Re:Apple countersues Epic, seeks punitive damages by EGreg on Tuesday September 08, 2020 @10:58PM (#24416489)
That’s like the argument for net neutrality because one side already paid for the service. Why can’t both sides pay?

I am an advocate for open source, but I am just wondering in principle what is your argument exactly?

Re:Apple countersues Epic, seeks punitive damages by m3kw9 on Tuesday September 08, 2020 @05:23PM (#24413591)
What does user paying have to do with Epic lining their pockets with this move?
Re:Apple countersues Epic, seeks punitive damages by swivelmaster on Tuesday September 08, 2020 @05:04PM (#24413354)
What is boggling my mind about this is that Apple CLEARLY has a case because Epic violated the TOS, but they're stretching waaaaaay out there with the dramatic language and seeking punitive damages.

(Especially since... come on, punitive damages for something that was live for less than 24 hours?)

Re:Apple countersues Epic, seeks punitive damages by simonh on Tuesday September 08, 2020 @05:30PM (#24413676)
This is simply par for the course business as usual. Apple can’t let Epic simply deny them revenue, and they also can’t let them do so knowingly and deliberately without punishment. It would be amazing and shocking if they didn’t do this, it’s simply, a logical consequence of their legal position.
Re:Apple countersues Epic, seeks punitive damages by erendrake on Tuesday September 08, 2020 @05:07PM (#24413386)
I'm guessing that apple is trying to push their claim as far as they can to set case law as far out as they can. This kind of case decided in their favor can move that overton window quite a bit
Re:Apple countersues Epic, seeks punitive damages by parasubvert on Tuesday September 08, 2020 @05:15PM (#24413481)
This isn’t mind boggling, this is how legal arguments are made.

The punitive damages are about the what was caused by the ad campaign. Judges have a lot of leeway here if they don’t like how companies act.

Re:Apple countersues Epic, seeks punitive damages by CubsFan1060 on Tuesday September 08, 2020 @05:13PM (#24413462)
It's still live. Just can't be downloaded or updated. But you can still make purchases with it if you've already got it on your phone.
Re:Apple countersues Epic, seeks punitive damages by jdlshore on Tuesday September 08, 2020 @05:08PM (#24413400)
High-stakes legal battles don't work the way you think they should.