[HN Gopher] Apple agrees to settle potential class action suit b...
       ___________________________________________________________________
        
       Apple agrees to settle potential class action suit by U.S.
       developers
        
       Author : throwaway888abc
       Score  : 639 points
       Date   : 2021-08-27 00:41 UTC (22 hours ago)
        
 (HTM) web link (www.axios.com)
 (TXT) w3m dump (www.axios.com)
        
       | liquidise wrote:
       | > Developers can communicate directly with customers about
       | alternative payment options. Customers have to consent and be
       | given the right to opt-out.
       | 
       | This is a huge step forward (though it falls well short of the
       | ideal case) for iOS development. Having the ability to tell
       | customers about other, often cheaper, payment methods removes a
       | substantial barrier for some apps that have high-priced
       | subscriptions.
       | 
       | Positive as this change is, there is still a lot of ground to be
       | won here. I'm fearful concessions like this will work as legal
       | currency in the Epic case, instead of momentum pushing ongoing
       | shifts in app store policy. Can someone with more legal
       | understanding weigh in on that?
        
         | Aissen wrote:
         | Do you know that there can be _different pricing_ with
         | alternative payment options ? This is suspiciously absent from
         | the article.
        
         | jsnell wrote:
         | What do you think the step forward is here?
         | 
         | The developers are still not allowed to communicate about
         | alternate purchase options in the app, they would need to have
         | some other form of communication with the user. Such
         | advertising via side-channels was never forbidden, it's just
         | that it's impractical for most developers to establish that
         | side-channel.
         | 
         | I really have to congratulate whoever wrote that press release.
         | They gave away nothing, and even stated that the policy did not
         | change, but still appear to have convinced a ton of people that
         | there was some kind of a concession here.
        
           | phantom784 wrote:
           | Shouldn't be too hard. Collect email when they register, give
           | them a free trial, email them instructions to purchase
           | through your website.
        
           | tdeck wrote:
           | Someone should set up a payment service for apps that's
           | cheaper for the consumer and developer, then advertise it
           | heavily. "Check if your favorite app is on FOO to save
           | money". Every app using such a system could benefit from the
           | direct advertising done once by the payment provider. They
           | could even offer a service that checks your bill from Apple
           | and helps you switch the payment for eligible apps, thereby
           | saving money.
        
             | manmal wrote:
             | Revenuecat is perfectly positioned to do that, but probably
             | won't dare anger Apple in this way.
        
               | xuki wrote:
               | Why? Apple is not paying them, the developers are.
        
               | saagarjha wrote:
               | Apple could ban the SDK.
        
               | bencollier49 wrote:
               | That would be a beautiful piece of anti-competitive
               | behaviour for the Epic case.
        
               | xuki wrote:
               | I would like to see Apple try. Free PR for revenuecat.
        
           | taurath wrote:
           | Developers are also not allowed to link to account management
           | on a webpage if they signed up via a website, which
           | contributes to lots of user confusion when it comes to
           | cancellation of a subscription for instance.
        
             | noway421 wrote:
             | I think this is exactly what is being changed here? Now you
             | can link away to a web portal with your account and
             | alternative payment options.
             | 
             | Correct me if I'm wrong.
        
               | taurath wrote:
               | > Developers can communicate directly with customers
               | about alternative payment options. Customers have to
               | consent and be given the right to opt-out.
               | 
               | This is the only statement that might be construed as
               | such from the article, but it doesn't say anything about
               | management, and I'm really not sure what consent means -
               | is it a popup that says "do you want to be informed about
               | non-apple payment methods?". Maybe it is what is being
               | changed, but I can't really tell.
               | 
               | I can say that customer confusion is often built into app
               | store policies, and the amount of backend and customer
               | service work to clean up users who sign up with multiple
               | payment methods accidently is not a trivial cost.
        
               | TedDoesntTalk wrote:
               | Moreover, communication about alternate payment options
               | is not the same as ALLOWING alternate payment options.
        
               | tommymachine wrote:
               | you can't link directly from the app. however you can ask
               | for email and send the link via email. the settlement
               | hasn't been approved yet (filed yesterday) so the exact
               | terms haven't been updated.
        
           | jccalhoun wrote:
           | Agreed. This is just about the very least Apple could do.
        
           | Strom wrote:
           | This Apple press release and term changes are super
           | confusing. Probably designed to be confusing. Let's look into
           | them.
           | 
           | First, let's take the old terms. App Store guidlines point
           | 3.1.3 from 2020-11-28: [1]
           | 
           |  _Apps in this section cannot, either within the app or
           | through communications sent to points of contact obtained
           | from account registration within the app (like email or
           | text), encourage users to use a purchasing method other than
           | in-app purchase._
           | 
           | The old rules seem pretty straightforward. You're not allowed
           | to contact users about other payment options if you acquired
           | the contact info through the app.
           | 
           | Now, the press release from 2021-08-26 says: [2]
           | 
           |  _Apple is also clarifying that developers can use
           | communications, such as email, to share information about
           | payment methods outside of their iOS app. [..] Users must
           | consent to the communication and have the right to opt out._
           | 
           | This seems like it's purposely vague. The press release
           | doesn't talk about the source of the contact information at
           | all.
           | 
           | So let's take a look at the updated terms. App Store
           | guidelines point 3.1.3 from 2021-08-25: [3]
           | 
           |  _Apps in this section cannot, within the app, encourage
           | users to use a purchasing method other than in-app purchase.
           | Developers cannot use information obtained within the app to
           | target individual users outside of the app to use purchasing
           | methods other than in-app purchase (such as sending an
           | individual user an email about other purchasing methods after
           | that individual signs up for an account within the app).
           | Developers can send communications outside of the app to
           | their user base about purchasing methods other than in-app
           | purchase._
           | 
           | What a bizarre paragraph. First it explicitly makes it clear
           | that it's forbidden to send the payment information using
           | contact information obtained via the app. However the last
           | sentence is a generic statement that seems to contradict
           | that. Does Apple mean that you can only use contact
           | information obtained elsewhere? That would then match the
           | previous terms. So it's probably that. However it is worded
           | in such a horrible way that I can't be sure.
           | 
           | --
           | 
           | After looking more into it, I think some actual changes might
           | still be coming. Here's the key paragraph from the actual
           | court document: [4]
           | 
           |  _Apple has agreed to revise its App Store Guidelines to
           | permit developers of all app categories to communicate with
           | consenting customers outside their app, including via email
           | and other communication services, about purchasing methods
           | other than in-app purchase. See Berman Decl., Ex. A at SS
           | 5.1.3. Under the App's Store existing Guidelines, developers
           | may not use contact information (emails, phone numbers, etc.)
           | obtained within an app to contact their user base outside the
           | app. As a practical matter, this prevents developers from
           | alerting their customers to alternative payment options. The
           | proposed Settlement lifts this restriction, and it does so
           | for all app categories._
           | 
           | --
           | 
           | [1] https://web.archive.org/web/20201128030647/https://develo
           | per...
           | 
           | [2] https://www.apple.com/newsroom/2021/08/apple-us-
           | developers-a...
           | 
           | [3] https://web.archive.org/web/20210825162013/https://develo
           | per...
           | 
           | [4] https://s3.documentcloud.org/documents/21049923/apple_pro
           | pos...
        
             | jsnell wrote:
             | > the actual court document
             | 
             | That's a nice find!
             | 
             | I still find the language in the filing to be odd,
             | specifically "all app categories". What good does allowing
             | the communication changes for all app categories do, when
             | most of them are not permitted to use non-IAP methods for
             | payments in the first place? On the other hand, if they
             | were changing the rules around when non-IAP payments are
             | allowed, it seems like something that would be called out
             | explicitly.
             | 
             |  _Maybe_ it could affect 3.1.3(f) and 3.1.4?
        
             | koolba wrote:
             | > What a bizarre paragraph. First it explicitly makes it
             | clear that it's forbidden to send the payment information
             | using contact information obtained via the app. However the
             | last sentence is a generic statement that seems to
             | contradict that. Does Apple mean that you can only use
             | contact information obtained elsewhere? That would then
             | match the previous terms. So it's probably that. However it
             | is worded in such a horrible way that I can't be sure.
             | 
             | That sounds like you can't use contact info you received as
             | part of a paid signup to contact to switch to an out of
             | band payment method.
             | 
             | In contrast to contacting a free tier user who's email
             | you've received as part of their signup flow. That
             | situation would be allowed.
             | 
             | Indeed it's bizarre as depending on when the contact data
             | was gathered decides what you can do with it.
        
               | tommymachine wrote:
               | It seems to me that paragraph hasn't been updated to
               | reflect the settlement terms yet, since the settlement
               | was filed today?
        
               | Strom wrote:
               | That seems to be the case yes. The settlement hasn't been
               | approved yet either.
        
               | riversflow wrote:
               | The way I interpret it is that you can email all your
               | free users at the same time, with the below email, but
               | you can't target individuals users and email them one at
               | a time. My guess is what they are trying to avoid is a
               | flow of: user signs up for free account with email => you
               | inbox them saying:                 Subject: save 30% over
               | in-app prices!       Body:       "don't pay through the
               | app, use this link to our website"
        
           | sfifs wrote:
           | > The developers are still not allowed to communicate about
           | alternate purchase options in the app, they would need to
           | have some other form of communication with the user.
           | 
           | I'm pretty sure this "anti-steering" restriction in-app will
           | go away with the Epic vs. Apple ruling. It's classic "tying"
           | in anti-trust. Nothing else in that case might go Epic's way,
           | but this likely will.
           | 
           | I'm also pretty sure every major player generating in-app
           | revenue already has already developed their cheaper payment
           | alternative to rollout the minute the ruling drops, so Apple
           | will have to hustle to get a stay order.
        
         | phire wrote:
         | Does the settlement allow for alternative payment methods to be
         | cheaper?
        
           | saagarjha wrote:
           | They are already allowed to be cheaper. This is just saying
           | you can email people about it outside of the app.
        
             | codazoda wrote:
             | It seems like nothing in this prevents a new rule, however,
             | that says you can't sell it cheaper on your own website.
             | Amazon has been doing this with Kindle indy authors for a
             | long time.
        
             | alkonaut wrote:
             | So Spotify still can't say front and center in the app "Buy
             | subscription in app: $12/mo or click here to purchase on
             | Spotify dot com for $10"?
             | 
             | They have to show only the $12 in the app?
        
               | realityking wrote:
               | That's my understanding, yes.
               | 
               | What they can now do is, if you sign-up for a free
               | Spotify account using their app they can send you an
               | email advertising the $10 subscription. In the past they
               | could've only sent an email advertising the $12 one.
        
               | [deleted]
        
         | MeinBlutIstBlau wrote:
         | I have the same concern as well. Apple won't change a damn
         | thing unless a US Court backs anyone but them. If you have
         | legal precedence of a loss on Apples part, they won't be able
         | to pull this BS in the future.
        
       | speg wrote:
       | So you can now tell users that you can pay/subscribe on your
       | website but you can't offer alternative payment in-app (or can
       | you if it's a webview?)
       | 
       | But can you do that instead of offering in app payment? Or will
       | you be required to have both.
       | 
       | Personably I really don't want to see alternative payment methods
       | in app unless they follow the same policies and APIs as the
       | existing ones. I hate that Adobe will stop giving my access as
       | soon as I cancel my subscription. I love that I can cancel my
       | Lightroom subscription from Apple's subscription list with no
       | fuss and have it expire when it's due.
        
         | judge2020 wrote:
         | The wording makes it so you can send email blasts to free-tier
         | users about signing up via an avenue that's not the App. Within
         | the app itself, for digital items, you still cannot use other
         | payment processors or even Apple Pay, and cannot allude to that
         | fact.
        
       | saurik wrote:
       | I don't understand... did anything even really change? Like,
       | "more price points"... but that seems like a non-sequitur :/. A
       | big change would be letting developers make it clear to users how
       | to use alternative payment options, but Apple's press release
       | only says via e-mail... which I guess they insist wasn't allowed
       | before?
        
         | gjsman-1000 wrote:
         | I don't think the list of price points was the problem as much
         | as it would be nice to have versioned upgrades. (I.e. FileMaker
         | 2, FileMaker 3, FileMaker 4, and so on under the same listing
         | and with access to old versions). Or, you know, a lower
         | developer cut. Or competitive app stores.
         | 
         | I'm just in the same boat... how did you make _that_ your issue
         | worth agreeing over? That 's something Apple might have fixed
         | on a Friday afternoon.
        
           | alanlammiman wrote:
           | I believe one of the arguments used in the suit was along the
           | lines of "Apple, by making the minimum price (other than
           | 'free') for apps and IAPs 99c, prevents us from charging,
           | say, 37c and this harms consumers and is anticompetitive". I
           | believe it was just to provide a clear, verifiable argument
           | that customers were being charged more than they would be in
           | a free market (whereas other things Apple does are infinitely
           | more serious, but also harder to prove and quantify). I'd
           | guess the agreement addresses that to be consistent, even
           | though I don't think anybody truly cares about the
           | granularity of the price tiers.
        
         | mortenjorck wrote:
         | _> A big change would be letting developers make it clear to
         | users how to use alternative payment options, but Apple 's
         | press release only says via e-mail_
         | 
         | It really says something that "allowing" businesses to
         | communicate certain information _with their own customers via
         | an independent channel_ was considered a concession in this
         | settlement. I 'm still wrapping my head around it.
        
           | cgearhart wrote:
           | I can feel your frustration, but it also strikes me as tone-
           | deaf to those very same customers. The most common kind of
           | email I send these days--by orders of magnitude--is
           | "unsubscribe". I don't want your emails unless I actively
           | asked for them. (And, no, passively being opted in or being
           | forced to opt in by a user agreement or whatever doesn't
           | count.) I would happily pay middle men a lot extra to get
           | fewer unwanted emails, phone calls, or just generally more
           | privacy.
           | 
           | There was an article earlier today on HN about how user-
           | hostile software has become, and I think that explains my
           | problem. Until developers as a whole become not just less
           | hostile, but actively prioritize my needs over their own, I
           | don't think I'll change my mind.
           | 
           | My real problem is that I don't have any leverage as an
           | individual customer against hostile developers. So I'm stuck
           | paying mega corps like Apple or Google to be the middle man
           | for me because they _can_ leverage my interests against
           | developers. So I just don't feel any sympathy when developers
           | complain that they are having a hard time abusing me.
        
             | vxNsr wrote:
             | > _I would happily pay middle men a lot extra to get fewer
             | unwanted emails, phone calls, or just generally more
             | privacy._
             | 
             | My life has changed significantly for the better ever since
             | I signed up for this: http://33mail.com/AQwZJR3
             | 
             | The real trick is using a custom domain so
             | 
             | A) They're very unlikely to add it to their disposable
             | email list (and thus block it)
             | 
             | B) If this service ever goes under you can still get the
             | emails you want because you own the domain they're being
             | sent to.
             | 
             | Yes you could theoretically implement this yourself in
             | gWorkspace or O365 but that sounds like a ton of work and
             | $12/yr is 1000x worth it.
             | 
             | (Disclaimer: that's my referral link, if enough ppl sign up
             | with it I get a free year of service)
             | 
             | I've been using it since March of this year and it's been
             | wonderful, there was like 30 min of downtime once where the
             | dashboard didn't work but emails were still getting
             | delivered, and I they answered any questions I had when I
             | reached out to them. So I highly recommend it and tell
             | everyone about it.
        
               | Jcowell wrote:
               | On the flip side for Apple users we get up 100 Hide My
               | Emails in iOS 15 with the same functionality.
        
               | yunohn wrote:
               | How does Apple's service handle the main functionality
               | described above?
               | 
               | > B) If this service ever goes under you can still get
               | the emails you want because you own the domain they're
               | being sent to.
        
               | vxNsr wrote:
               | They actually also allow you to set up your own domain,
               | after reading his reply and writing my own I thought I'd
               | research it some more. They apparently released the doc
               | for it yesterday, I just followed it and while it's
               | impressive that apple is allowing this level of technical
               | expertise to be handed over to their users (modifying DNS
               | records), their doc itself could use a little work. I
               | have it working now for another domain I own.
               | 
               | I still don't like the UX though compared to 33mail, I
               | still need to go into the UI, add the email I want to use
               | and then it'll deliver.
               | 
               | I'm guessing the same is true for removal, only way to
               | turn off the address is through the portal.
               | 
               | If you use gWorkspace or O365, you already have this,
               | it's called aliases, and at least O365 gives you
               | seemingly unlimited aliases. My big pet peeve with that
               | was needing to go into the O365 portal and manage the
               | aliases.
        
               | vxNsr wrote:
               | I like the UI of 33mail more. It's easier to click a link
               | at the top of an email in w/e client you're using vs
               | digging through apple's portal and ever changing menus to
               | toggle the right thing off.
               | 
               | Unless it's gotten easier in iOS15... right now on my
               | iPhone it's not possible to turn off forwarding.
               | 
               | I need to go to appleid.apple.com,
               | 
               | login, 2FA,
               | 
               | find the menu,
               | 
               | wait for it to load (bec it always seems to take like 5
               | seconds, even if I just opened it),
               | 
               | figure out which service is the one attached to the email
               | I chose (names of company that makes the app and is thus
               | associated with that ID may not always align with the
               | name I know it as),
               | 
               | turn it off.
               | 
               | Also I don't get to choose the email address, instead
               | apple makes it a random mix of letters and numbers: which
               | means I must save it to a password manager and hope I
               | never need to manually type it in for some reason (say on
               | a public PC).
               | 
               | With 33mail, the link to disable forwarding is in the
               | header, like any unsubscribe link. You can still manage
               | everything from their portal. You choose the domain and
               | then they set it up as a catch all, to receive
               | everything, except that which you say to deny. So you can
               | have creative names for each service.
        
             | mikeiz404 wrote:
             | By all means use vxNsr's service (though I wish they
             | mentioned their financial incentive before hand, props for
             | mentioning it in the first place).
             | 
             | I second their approach. By using a unique email per
             | service you maintain a bit more control by being able to
             | filter via "to" address or deregister the email via the
             | service provider. It's not perfect but it's at least some
             | bit of control where trust is not required.
             | 
             | Personally I am using simplelogin.com. And full disclosure
             | I wish it had smoother UX in many cases but overall the
             | price vs feature set cannot, as far as I am aware, be beat.
             | 
             | In general: I agree. Demanding attention, whether that be
             | in person such as via mail, txt, or phone call or digital
             | such as via email, should be opt in and NOT opt out.
             | Incentive wise it simply does not make any sense for it to
             | be opt out when the cost of contact is close to 0.
        
               | vxNsr wrote:
               | Once I'd already signed up for 33mail I found
               | simplelogin.io it looks great too, especially feature-
               | wise for the price. It's 2.5x more expensive vs 33mail
               | (at the base plans) but you get a slicker looking UI and
               | a lot more features.
               | 
               | I was excited about 33mail bec the founder hangs out here
               | sometimes.
               | 
               | You're right I should have kept the disclaimer closer to
               | the link, I'm on mobile and kept adding stuff and lost
               | track of how it looked, it's too late to edit now.
        
           | gjsman-1000 wrote:
           | I think it's important to wait for the final language from
           | the settlement. After all, the original PR Post from Apple
           | doesn't actually mention the $100 million fund that Axios
           | does.
        
             | saagarjha wrote:
             | It's mentioned:
             | 
             | > Apple will also establish a fund to assist small US
             | developers, particularly as the world continues to suffer
             | from the effects of COVID-19. Eligible developers must have
             | earned $1 million or less through the US storefront for all
             | of their apps in every calendar year in which the
             | developers had an account between June 4, 2015, and April
             | 26, 2021 -- encompassing 99 percent of developers in the
             | US. Details will be available at a later date.
        
           | noway421 wrote:
           | Even though not enforceable in practice, you could've been
           | booted off App Store for sending notifications/other means of
           | communication about a cheaper way to pay.
        
           | cube00 wrote:
           | They're not your customers, they're Apple's customers and
           | they're granting you a limited audience with them as long as
           | you follow the house rules.
           | 
           | Of course if something goes wrong and the customer gets
           | litigious they'll be your customer then.
        
         | manmal wrote:
         | I wonder if that means app developers can now send emails to
         | freshly subscribed users (who are still in the trial period) to
         | cancel their App Store subscription and instead subscribe via
         | an alternative payment provider. Eg. customer could pay 10%
         | less, developer gets up to 24% more, win-win. Maybe the
         | developer could throw in some goodies, like auto-cancellation
         | after the first year.
        
         | smoldesu wrote:
         | > did anything even really change?
         | 
         | Nope, that's the point of coming out in front like this and
         | donating 100 million dollars towards keeping the status quo in
         | place. To me, it reads as an insult to anyone who thinks their
         | processes are democratic.
        
           | gjsman-1000 wrote:
           | Apple is willing to spend $100 million because their
           | executives are in an echo chamber.
           | 
           | There are investigations (and some proposed laws) in the US,
           | EU, Australia, UK, South Korea, and others. If Apple were a
           | regular business, it should be obvious at this point that
           | losing the App Store is _inevitable_ by now. A question of
           | _when_ , not _if_.
           | 
           | And yet Apple thinks that maybe, just maybe, they can buy
           | their way out and have a chance to keep the status quo still.
           | I think it's way too late for that now. We just need to sit
           | back and wait for the lawmakers to finish the job.
        
             | JumpCrisscross wrote:
             | > _it should be obvious at this point that losing the App
             | Store is inevitable by now_
             | 
             | This is a radical reading of current facts. It is
             | plausible. But we're very far from inevitability. If you
             | aren't seeing the broad opposition to and limited, focussed
             | support for opening up iOS to competing App Stores, you may
             | be in an echo chamber.
        
         | jsnell wrote:
         | > which I guess they insist wasn't allowed before?
         | 
         | I think they'd actually claim that it _was_ allowed before. The
         | press release is after all saying that all that 's happening is
         | that they're clarifying the policy, not that they are changing
         | it.
        
       | MangoCoffee wrote:
       | how come Apple/Google is not consider a monopoly on smart phone?
        
         | digitalsushi wrote:
         | Probably because they are more than one company
        
       | stevespang wrote:
       | Apple get's to keep it's same commission ?
       | 
       | Smells like a "sell out" by plantiffs attorney so he doesn't have
       | to go to trial . . . attorney's get millions - - devs get little,
       | as usual.
        
       | routerl wrote:
       | Let's be clear about this: this settlement means that Apple is
       | offering developers _less_ than what they believe they would be
       | forced to provide by law. There is never any other business logic
       | behind these settlements.
       | 
       | This is just another brick on the "benevolent monopoly" road.
        
         | microtherion wrote:
         | Applying the same logic to the plaintiffs, you would conclude
         | that Apple is offering developers MORE than what the developers
         | could hope to obtain through the legal process.
         | 
         | In reality, for both sides there is a benefit in reducing the
         | risk of an uncertain outcome and avoiding protracted
         | litigation.
        
           | [deleted]
        
           | routerl wrote:
           | Your reasoning is only sensible if both parties were on equal
           | footing. They are not. The settlers will offer as little as
           | they can get away with, and the settled will take whatever
           | they can get.
           | 
           | This situation is not symmetrical.
        
         | adrr wrote:
         | Greatest risk is alternative app stores which provides apple
         | with no revenue.
        
         | foota wrote:
         | Not necessarily, it could be they believe a lawsuit would
         | inflict PR damage and depress their stock price, or that they
         | feel the risk of an extremely negative outcome is too high,
         | even if still unlikely.
        
         | gjsman-1000 wrote:
         | The App Store is under investigation by at least a half dozen
         | countries right now.
         | 
         | To me, Apple losing the App Store appears completely
         | inevitable; and Apple is willing to throw $100 million at a
         | last-ditch effort to keep the status quo.
         | 
         | And if we're lucky and devs are smart, we'll have developers
         | publicly mock those checks from Apple's fund because that was
         | money that Apple took from them with the revenue split and is
         | giving back a fraction of, how generous.
         | 
         | It's like when people get excited about tax refunds from the
         | IRS. Super exciting, until you realize it was excess money
         | taken from you to begin with.
        
           | LegitShady wrote:
           | It's not that apple is going to lose the app store, it's that
           | some of apple's more egregious policies (such as banning
           | pointing users to other payment methods to monopolize
           | payments completely unrelated to apple provided services) are
           | being challenged and apple doesn't want to set any precedents
           | or get any judgements against them on this civil suit.
        
           | cptskippy wrote:
           | > It's like when people get excited about tax refunds from
           | the IRS. Super exciting, until you realize it was excess
           | money taken from you to begin with.
           | 
           | Not the best analogy. You can't necessarily know ahead of
           | time exactly what your tax burden is and you define the
           | withholdings to give to the IRS.
           | 
           | You could specify no withholdings and have a big tax bill
           | each year or be too aggressive and get a refund, or somewhere
           | in between. Most people over estimate their obligation
           | because it's easier to overpay than to come up with a large
           | sum every year, especially when living paycheck to paycheck.
        
         | wombatmobile wrote:
         | > Let's be clear about this: this settlement means that Apple
         | is offering developers less than what they believe they would
         | be forced to provide by law.
         | 
         | Not necessarily. You haven't taken account of costs, or the
         | possibility that the parties both felt this was the best
         | outcome regardless of what (unpredictable) quantum a court may
         | have awarded.
         | 
         | Litigation is a poor use of time for both parties and is best
         | avoided for the good of both parties.
         | 
         | Whether the settlement is "fair", "reasonable", "agreeable", or
         | "forced" is another matter. The point is, you can't assess or
         | deduce it without more information.
        
           | JimTheMan wrote:
           | Completely agree, especially due to the incredible expenses
           | involved with going to court.
        
           | [deleted]
        
           | wombatmobile wrote:
           | > There is never any other business logic behind these
           | settlements.
           | 
           | Never? That assumes hostility or bad faith by at least one of
           | the parties.
           | 
           | On the contrary, when both parties negotiate in good faith,
           | there is often other business logic to be discovered.
           | 
           | By talking through points of difference, the parties have the
           | opportunity to learn about each others strengths and
           | weaknesses, which are the necessary ingredients for better
           | design.
           | 
           | You never know with this. Apple might learn something from
           | smaller devs that their executives didn't know before. The
           | art is in translating that knowledge into a business
           | advantage for both parties that doesn't cost Apple something
           | in its business relationship with bigger shops, such as Epic.
           | 
           | How? The devil is in the details.
           | 
           | Apple executives naturally have more exposure to big shops
           | than small devs. This exercise at least gets small devs on
           | their radar, and vice versa.
        
         | 6gvONxR4sf7o wrote:
         | If you can assume one side thought a settlement is better than
         | an outcome via trial, can you also assume the other side
         | thought so too?
         | 
         | > Let's be clear about this: this settlement means that the
         | developers got more than they believe Apple would be forced to
         | provide by law. There is never any other business logic behind
         | these settlements.
         | 
         | Im inclined to agree without other commenters that this line of
         | thinking doesn't help.
        
           | routerl wrote:
           | > If you can assume one side thought a settlement is better
           | than an outcome via trial, can you also assume the other side
           | thought so too?
           | 
           | No. The cost factor has higher weight on one side of that
           | equation. Apple is one of the largest companies on earth,
           | with an expert and carefully curated legal team. The other
           | side is a loose association of individual interests.
           | 
           | Unless you believe that the legal process is absolutely fair,
           | and that its outcomes are in no way related to the opposing
           | parties' "legal burn rate". In that case, your reasoning is
           | correct.
           | 
           | But that is not the case.
        
       | gjsman-1000 wrote:
       | I don't understand why the App Store, this small "side business"
       | in the grand scheme of things, is something Apple is worth
       | fighting and dying over.
       | 
       | It's literally, a small fraction of their revenue, and yet it
       | grabs 80% of the bad PR and is now under investigation and
       | proposed legislation in the US, UK, EU, Korea, and I think
       | Australia.
       | 
       | If I'm Apple, shouldn't it be obvious at this point that losing
       | the App Store monopoly is _inevitable_ , a _when_ instead of an
       | _if_? And yet...
        
         | chipotle_coyote wrote:
         | > If I'm Apple, shouldn't it be obvious at this point that
         | losing the App Store monopoly is inevitable?
         | 
         | I think Apple believes their own PR story here. They really do
         | believe that the App Store is great for everyone, not just
         | them. They really do believe that they're entitled to a
         | generous cut of all transactions that happen on their devices.
         | 
         | Objectively, you're right -- although I think I'd go farther
         | and suggest that it actually _wasn 't_ inevitable from the
         | start. If Apple had dropped their cut from 30% to 20% five
         | years ago, had looser restrictions on third-party in-app
         | purchases (say, allowing them for "cross-platform digital
         | media" like ebooks), and treated streaming game apps the way
         | they treat other streaming media, those alone might have been
         | enough. Sure, they'd have lost _some_ money that way, but
         | objectively, probably not enough to be worth the risk of going
         | through what they 're facing now.
        
           | bogwog wrote:
           | > probably not enough to be worth the risk of going through
           | what they're facing now.
           | 
           | Easing restrictions over the years wouldn't prevent the
           | inevitable. Doing it this way lets them face the inevitable
           | lawsuits from a position of power, rather than a weaker
           | position after years of slowly easing restrictions.
           | 
           | It's like ripping off a bandaid.
        
         | kmeisthax wrote:
         | At this point, I don't think it's an economic calculation
         | anymore, if it ever was. I think it's moreso that Apple
         | genuinely believes that third parties shouldn't have access to
         | their platforms without prior review. Everything else has an
         | explanation from that:
         | 
         | - We need to monopolize control over who can publish software
         | for our platforms, so we can enforce our security guidelines.
         | 
         | (This includes banning third-party app stores, emulators,
         | virtualization, alternative browser engines, and all the other
         | fun things Android users chuckle at iPhone users about.)
         | 
         | - Hiring reviewers to check all the apps we ship for problems
         | costs money, so we need to get paid for that review.
         | 
         | - However, we can't just charge developers money for review, as
         | it would be prohibitively expensive and encourage developers to
         | not fix broken software.
         | 
         | (At this point we need to review what Apple's competition was
         | in this space at the time of the App Store launch. That is,
         | game consoles, which have been universally locked down and
         | monopolized since 1985. The companies that owned those
         | platforms generally charged per software build submitted for
         | review. The cost per submission was somewhere in the 5 figure
         | range and could take up to a month to approve. Nintendo was
         | extra spiteful, and would actually refuse to pay you after you
         | updated your game, until you sold another 1000 units. Steam
         | didn't really bother reviewing software submissions, not
         | because it was a free-for-all, but because partnering with them
         | used to be a legitimate challenge involving bugging several
         | different Valve employees.)
         | 
         | - Therefore, we need to bundle how we get paid for reviewing
         | software into the cost structure of apps. That way, we get paid
         | when developers get paid.
         | 
         | - Thus, we can't have third-party billing, because that would
         | let developers evade payment for our software review.
        
           | yyyk wrote:
           | >- Thus, we can't have third-party billing, because that
           | would let developers evade payment for our software review.
           | 
           | Except for having to buy a Mac to do development in the first
           | place. And the developer registration yearly fee.
        
             | collaborative wrote:
             | And also, the value developers add to Apple's ecosystem
        
         | snuser wrote:
         | It's not fair to be called a side project at this point, it's
         | used to mediate all software on a computing device used by over
         | a billion people
        
         | bpicolo wrote:
         | Side business? $64 billion in revenue in 2020. That's like a
         | quarter of their overall revenue?
        
           | gjsman-1000 wrote:
           | Revenue, but that's before devs get their cut.
           | 
           | https://www.marketwatch.com/story/how-profitable-is-
           | apples-a...
           | 
           | In total... more like $22 billion of profit? Not trivial, but
           | compared to Apple's other profitable businesses...
        
             | jsnell wrote:
             | Apple's entire profit in 2020 was $57 billion. $22 billion
             | is highly non-trivial even when compared to all of their
             | other businesses combined.
        
         | jimhi wrote:
         | Some quick googling told me a lot of things
         | 
         | Apple hides how much it makes in the app store by combining it
         | into their iPhone product segment.
         | 
         | "Apple doesn't disclose how much revenue its App Store makes
         | per year. Instead, since 2013, it has released data points in
         | January that include the total that Apple has paid to
         | developers since the beginning of the App Store in 2008."
         | 
         | The low estimates for the app store are $64 billion last year
         | and 70%+ margins. It is entirely possible Apple makes most of
         | its money from the app store.
        
           | TheTon wrote:
           | I'm pretty sure the App Store is accounted under "Services"
           | not "iPhone." $64B sounds about right, but even if services
           | had a 70% margin and hardware had only a 30% margin, hardware
           | would still be the more profitable side of the business at
           | the moment.
           | 
           | https://sixcolors.com/post/2021/04/apples-record-second-
           | quar...
        
             | manquer wrote:
             | Maybe so, however if they drop their take to 15% from 30%
             | it will drop their annual profit by 30Billion , which will
             | influence the stock price massively.
             | 
             | Senior management who have a large chunk of their salary in
             | stock arent going to do it easily.
             | 
             | Apple can survive without this money yes, but no one at
             | apple is likely to let it go without fighting for it.
        
         | zarzavat wrote:
         | It's a corollary to Apple's mantra "The best way to make
         | software to make your own hardware". Apple believes in total
         | end-to-end control over the experience.
         | 
         | Yes to a certain extent they are motivated by money, but they
         | are far more motivated by maintaining control. Allowing users
         | to install third party software via another route means that
         | Apple is no longer in control. Apple wants to be the singular
         | provider of everything on their platform.
         | 
         | You can see this in action on macOS. Apple makes almost no
         | money from macOS, yet their grip over it is ever tightening.
        
       | yarsanich wrote:
       | Good to know.
       | 
       | Suddenly Apple rejected my last app release because of link to
       | app Patreon page(it was there in all previous releases).
       | 
       | Hope now I will be able to back this link to the app.
        
       | m0zg wrote:
       | LOL. Apple's revenue is about 140 million per hour. $100M won't
       | deter a damn thing.
        
       | Ajay-p wrote:
       | _The same federal judge is hearing the Apple-Epic case and a
       | ruling could come at any time._
       | 
       | I suppose this is not unusual, but is it ever considered to not
       | have a judge hear more than one case by a party?
        
         | ocdtrekkie wrote:
         | Well, there's only a limited number of federal district judges
         | in a given jurisdiction, so the odds are that a bunch of tech
         | companies going at each other in California will get in front
         | of the same federal judge.
         | 
         | However, I'd argue it's also beneficial: Having two different
         | judges rule radically differently on very similar cases (this
         | one and Epic) would only create more confusion, as to what the
         | ruling is, or should be. If either party doesn't think the
         | judge is going to make the right ruling, there's jury trials,
         | and of course, they can always appeal.
        
           | judge2020 wrote:
           | > If either party doesn't think the judge is going to make
           | the right ruling, there's jury trials,
           | 
           | Apple and Epic both opted out of a jury trial, probably would
           | have needlessly extended the process and neither of them
           | think a jury would be able to take in all of the nuances of
           | the case to make an informed decision.
           | 
           | Unless, can either party still demand a jury trial a month
           | before/a week before the ruling?
           | 
           | https://www.gamesindustry.biz/articles/2020-09-30-epic-
           | and-a...
        
       | kevmo wrote:
       | Apple was terrified of what might happen in trial.
       | 
       | Edit: downvote away. I'm a former federal law clerk and cofounder
       | of Upsolve. This is how and why settlements happen -- they
       | resolve the uncertainty of trial.
       | 
       | This is how power works in the legal system.
        
       | jrockway wrote:
       | > Apple will offer more price points for apps. Today there are
       | less than 100, but the company is committing to increase that to
       | more than 500 options.
       | 
       | I really hope they implemented this as an enum, so someone has to
       | wade through:                   enum PricePoint {
       | UNKNOWN = 0;            NINTEY_NINE_CENTS = 1;
       | ONE_DOLLAR = 2;            TWENTY_DOLLARS = 3;
       | NINETEY_EIGHT_CENTS = 4;            DEPRECATED_NINETY_SEVEN_CENTS
       | = 5;            TEN_DOLLARS_PER_MONTH = 6;
       | PORTUGAL_NATIONAL_BALLOON_DAY_2019_SPECIAL_NINTEY_NINE_CENTS = 7;
       | // 500 lines follow.         }
        
         | TheNewAndy wrote:
         | There is some evidence of this - if you can log in to app store
         | connect (need a developer account) there is this page:
         | 
         | https://appstoreconnect.apple.com/apps/pricingmatrix/1539646...
         | 
         | It shows the tiers from 0 (free) to 87 (USD 999).
         | 
         | Then come the party tiers: 510, 530, 550, 560, 570, 580, 590
         | which are just repeats of the other tiers, probably for some
         | good historical reason which I'm not aware of.
        
           | throwaway287391 wrote:
           | Huh, so $999 is the max -- and here I was all this time
           | thinking the I Am Rich [0] dev had generously chosen an
           | affordable price point.
           | 
           | [0] https://en.wikipedia.org/wiki/I_Am_Rich
        
           | objclxt wrote:
           | > which are just repeats of the other tiers
           | 
           | Those are the price adjusted tiers. They look like repeats in
           | USD, but if you look at other currencies you'll see they're
           | different. They're designed to allow you to offer price
           | points that are scaled according to the market (i.e, 99c in
           | the US, but considerably cheaper than that in India or
           | China).
        
             | TheNewAndy wrote:
             | Makes sense, thanks.
        
           | tl wrote:
           | Just note, that link only works for you; if you have a
           | developer account, you'll have to substitute the ten-digit
           | number for one from your apps.
        
         | mynegation wrote:
         | Lol, few things trigger my OCD more than misspelled words in
         | identifiers. I legit missed important use case while amending
         | legacy system just because someone decided to have "priveleges"
         | in the variable name. I hope all those ways to spell number 90
         | are part of the joke.
        
           | alfalfasprout wrote:
           | Oh yeah it's especially wonderful if it's too late to fix the
           | spelling mistake lol.
        
           | monocasa wrote:
           | As a dev with dyslexia, I apologize. I've for sure committed
           | some sins there in places that are nasty to fix.
        
             | hurflmurfl wrote:
             | Well, pasting the enum example into IntelliJ highlighted
             | the spelling mistakes and suggested replacing NINTEY and
             | NINETEY with NINETY. I think this is how my dyslexic
             | colleague works too - copy pasting instead of writing and
             | looking for various wiggly lines in code editor.
        
               | monocasa wrote:
               | Yeah, spell check in editor is killer, and I work in
               | strongly typed languages so it's a compiler error if I
               | misspell a variable name is another big one.
               | 
               | It doesn't catch everything however.
        
           | mikey_p wrote:
           | I once fat-fingered a `rails new APPNAME` command and didn't
           | catch it for several months. Not impossible to change, but
           | also not really critical either.
        
           | gambiting wrote:
           | In a triple A game I worked on, the PlayStation button enums
           | were CROSS, SQUARE, TRIANGLE, and...... CRIRCLE.
           | 
           | Would drive me absolutely livid. But of course no one was
           | allowed to fix is since it was already in a few different
           | games, countless script files, network-controlled configs
           | etc.....
        
             | bumblebritches5 wrote:
             | Dumb, they should've just added a CIRCLE = CRIRCLE option
        
             | indigochill wrote:
             | CROSS = 1
             | 
             | CRIRCLE = 2
             | 
             | CIRCLE = CRIRCLE
        
             | bluedino wrote:
             | A very long time ago we outsourced our Wordpress
             | development and customization to a developer we found on a
             | website who was from Moldova. He did pretty decent work and
             | we got a great deal, but the HTML/CSS was a bane to work
             | with. Almost half the DIV id's and such were spelled
             | slightly wrong. Didn't affect the operation of the site but
             | was very annoying to work with.
        
             | bluedino wrote:
             | I remember Allegro used to have double functions for
             | Palette and Pallet.                 You may notice that a
             | lot of the code in Allegro spells 'palette' as 'pallete'.
             | This is because the headers from my old Mark Williams
             | compiler on the Atari spelt it with two l's, so that is
             | what I'm used to.
        
             | hnlmorg wrote:
             | I feel your pain. A company I work for has a weird name
             | that doesn't follow the rules of English spelling correctly
             | (I can't say more without giving away the company name).
             | This was an intentional decision and poses enough of a
             | problem for guests visiting the company. But the absurd
             | thing is this company decides to double down on it's
             | troubles by naming all of it's projects using the same
             | broken rule as the company title. Often these projects will
             | be common English words re-spelt in the style of the
             | company name. So now I'm often finding myself misspelling
             | common words because of this stupid company name. And all
             | of this is intentional too! Drives me nuts.
        
               | etrautmann wrote:
               | Googol?
        
               | ballenf wrote:
               | At this point most students learning about that number
               | assume it's misspelled when first introduced and
               | incorrect the teacher.
        
               | ffhhj wrote:
               | That's so discorrect.
        
               | tenebrisalietum wrote:
               | Reminds me of the occasional encounter with "deinstall"
               | versus "uninstall."
        
               | dkersten wrote:
               | unpossible!
        
               | gota wrote:
               | postposterous!
        
               | ant6n wrote:
               | I think we're way beyond postposterous. Think
               | postpostposterous.
        
               | gambiting wrote:
               | >>incorrect the teacher.
               | 
               | Did you just use incorrect as a verb?
        
               | allwein wrote:
               | Reminds me of this comic.
               | 
               | https://www.gocomics.com/getfuzzy/2003/04/27
        
               | majormajor wrote:
               | Verbing weirds language.
               | 
               | Beaten by ten years:
               | https://www.gocomics.com/calvinandhobbes/1993/01/25 :)
        
               | bombcar wrote:
               | A favorite pastime of HN is users incorrecting each other
               | on topics they know nothing about. ;)
        
               | ndonnellan wrote:
               | You mean like Optimizely? I thought most startups these
               | days had absurd adjectiverbnoun names.
        
               | mastazi wrote:
               | I see what you did here...
               | 
               | > it's troubles
               | 
               | > it's projects
               | 
               | > So now I'm often finding myself misspelling common
               | words
               | 
               | > And all of this is intentional too!
               | 
               | :-D
        
           | bradleyankrom wrote:
           | In an old code base I worked in, someone misspelled "params"
           | as "parms." Always made me want a sandwich.
        
             | maxwell wrote:
             | Sounds like a lisper.
             | 
             | https://duckduckgo.com/?q=site%3Apaulgraham.com+parms
        
           | simlevesque wrote:
           | I feel like being proactive about these things is one of the
           | most important parts of my job.
        
           | sgerenser wrote:
           | Even worse than misspelled is when it's inverted polarity!
           | Like uninitialized=true means that it IS initialized. I've
           | seen something similar to that in multiple jobs.
        
           | BitwiseFool wrote:
           | You're going to love this: U+FE18 [?] PRESENTATION FORM FOR
           | VERTICAL RIGHT WHITE LENTICULAR BRAKCET: bracket is spelled
           | incorrectly.
           | 
           | https://en.wikipedia.org/wiki/Unicode#Anomalies
        
           | hashkb wrote:
           | And everyone saying "backslash" is on the inside of an
           | awesome joke too.
        
           | aroman wrote:
           | do you actually have OCD or are you just using this as a
           | figure of speech?
        
           | banana_giraffe wrote:
           | I'll just leave this here for you:
           | 
           | https://datatracker.ietf.org/doc/html/rfc7231#section-5.5.2
        
             | dhosek wrote:
             | Lets not forget the misspelling of guillemet as guillemot
             | that is now firmly embedded into PostScript and Adobe
             | software with no chance of ever being fixed.
             | 
             | Unicode sidestepped the issue by naming the characters
             | RIGHT/LEFT-POINTING DOUBLE ANGLE QUOTATION MARK.
        
               | Someone wrote:
               | Unicode also documents its mistakes in technote 27 "Known
               | Anomalies in Unicode Character Names"
               | (https://unicode.org/notes/tn27/), with remarks such as
               | 
               |  _"U+034F COMBINING GRAPHEME JOINER
               | 
               | The name does not describe the function of this
               | character. Despite its name, it does not join graphemes"_
               | 
               |  _"The use of the spelling lamda derives from ISO 10646.
               | This does not mean that it is more correct than lambda,
               | merely that the spelling without the 'b' is the one used
               | in the formal character names"_
               | 
               |  _"A spelling error: "brakcet" should be "bracket". A
               | formal alias correcting this error has been defined"_
        
               | asddubs wrote:
               | Why can't unicode change the names of the glyphs?
        
               | jfk13 wrote:
               | Just a note in passing: Unicode doesn't name glyphs; it
               | names characters.
        
               | Someone wrote:
               | From that page:
               | 
               |  _"Because Unicode Standard is a character encoding
               | standard and not the Universal Encyclopedia of Writing
               | Systems and Character Identity, the stability and
               | uniqueness of published character names is far more
               | important than the correctness of the name. The published
               | character names are normative for the purposes of the
               | Unicode standard and the large number of other IT
               | standards that reference it. These standards require
               | stable identifiers and character names must therefore be
               | immutable -- any change of character names is almost as
               | disruptive of the standards as changing code points for
               | characters would be. Accordingly, the Unicode Consortium
               | has adopted the Name Stability Policy, preventing changes
               | in character names. As a result, errors in character
               | names cannot be corrected. Instead, important character
               | name anomalies anomalies (SIC) are documented with
               | annotations in the Unicode Character Code Charts."_
               | 
               | Also because somebody, somewhere, might have used those
               | names to look up Unicode code points.
               | 
               | Part of each Unicode release is a file named
               | "UnicodeData.txt"
               | (https://unicode.org/Public/13.0.0/ucd/UnicodeData.txt),
               | so those strings are public information.
        
               | mananaysiempre wrote:
               | I've heard Greeks insist that _lamda_ is indeed correct
               | (as a non-misleading approximation of something like
               | [lamda], not necessarily as an English spelling), so that
               | part might have been a deliberate result of the ISO
               | process.
               | 
               | (There's also the name _caron_ for the hacek, apparently
               | not used by anyone before the 80s; per the official FAQ:
               | 
               |  _Q: Why is the hacek accent called "caron" in Unicode?
               | 
               | A: Nobody knows._)
        
               | Someone wrote:
               | Not for lack of trying:
               | https://www.babelstone.co.uk/Blog/2009/08/antedating-
               | caron.h...
        
             | jrockway wrote:
             | That's a good one. Since legacy code is less likely to
             | change than the English language, I just call it a
             | "referer" in writing unrelated to HTTP. That way, I'm never
             | confused. (Everyone else? Good luck.)
        
               | dhosek wrote:
               | I used to do technical writing and for some software that
               | I wrote the manual and help system for, one of the menu
               | items was misspelled. I spelled the word correctly in the
               | text describing its functionality, but whenever I
               | referred (so to speak) to it directly as the menu item to
               | be selected, I kept the misspelling (this was the early
               | 90s, the days of people saying non-ironically that they
               | couldn't find the "any" key on their computer).
        
               | grenoire wrote:
               | Pretty sure people still can't find the any key, we just
               | stopped asking them to!
        
               | curryst wrote:
               | Yep, I get some prompts now that say "Press the $X key"
               | (often space), but will actually proceed if you hit any
               | key. It always give me a touch of chuckles when I think
               | about why they named a specific key then.
        
               | [deleted]
        
               | inopinatus wrote:
               | I once saw this implemented as a regex. Unfortunately the
               | regex was refer*er.
               | 
               | "Tests pass, ship it"
        
               | dqv wrote:
               | I don't know enough about overflows, but that could
               | theoretically be exploited, right?
               | referrrrrrrrrrrrrrrrrrrrrrrrrrrer
        
               | zeusk wrote:
               | inb4 refeer (should've used referr?er)
        
               | xmprt wrote:
               | I also feel like this is a buffer overflow waiting to
               | happen. If somehow someone makes the header length way
               | longer than expected (eg. referrrrrrrrrrrrrrer).
        
               | jsjohnst wrote:
               | _?_ is _0_ or _1_ instances of the preceding character,
               | so _referrrrrrrrrrrrrrer_ wouldn't match _/ referr?er/_,
               | only _referer_ or _referrer_.
               | 
               | Proof: https://regex101.com/r/s56ebD/1
        
               | xmprt wrote:
               | I'm replying to the grandparent comment. I said "Also"
               | meaning I was adding onto your comment.
        
               | exikyut wrote:
               | The tests clearly did not include spinning up an HTTP
               | server and actually using the correctly-spelled header
               | (as per correct English), then.
        
           | wiether wrote:
           | That's what code reviews are for :)
        
           | croddin wrote:
           | I was just trying to debug something today and noticed how
           | the referer HTTP header is spelled wrong and that is the spec
           | while there are several other headers that spell it referrer.
           | Crazy!
        
           | [deleted]
        
           | jrockway wrote:
           | The key is to write out the enums to long-term storage as the
           | names instead of the numbers, that way nobody can ever fix
           | your spelling mistakes.
        
             | dhosek wrote:
             | There are lots of ways for spelling errors to get reified.
             | They can also end up in a data interchange XML schema (I
             | bumped into that one at a previous job where it seemed like
             | an obvious and trivial fix to correct the spelling of a
             | class name and discovered that it had ended up in a
             | company-wide data interchange schema which could not be
             | practically fixed).
        
               | btilly wrote:
               | The most important example of that class of error is
               | REFERER. It should have been spelled REFERRER. But nobody
               | caught it, and you really can't change something that is
               | part of the HTTP standard...
        
               | mixmastamyk wrote:
               | Early header compression.
        
               | saagarjha wrote:
               | Took a leaf out of the UNIX creat/umount handbook,
               | clearly.
        
               | int_19h wrote:
               | umount() is actually legit - early C limited extern
               | identifiers to 6 chars (or rather it would allow more
               | than that, but the rest would be silently ignored for
               | linking purposes), hence why we also have strlen() etc.
               | 
               | creat() is weird because create() would fit that
               | constraint just fine, so there's no obvious reason as to
               | why it had to be shortened. The 1978 K&R C book actually
               | notes it with [sic].
        
               | mike_hock wrote:
               | When you're dumping loads of short, generic, common words
               | into the global namespace (well ... the only namespace in
               | C), it's nice to have them misspelled so user code is
               | still free to use the real word.
        
               | guerrilla wrote:
               | > well ... the only namespace in C
               | 
               | Technically there are several namespaces since you can,
               | for example, name a struct the name as its type.
        
               | dhosek wrote:
               | After many years in Javaworld, seeing this sort of thing
               | in C++ really freaked me out.
        
               | ant6n wrote:
               | > The most important example of that class of error is
               | REFERER. It should have been spelled REFERRER.
               | 
               | I thought it was supposed to be REEFERER.
        
               | chrisweekly wrote:
               | Tangent: this reminds me of the _aptly_ named
               | "mod_speling" module.
        
               | Razengan wrote:
               | At this point I think it may be question whether the
               | problem lies with English itself. Such an error prone
               | language.
        
               | dhosek wrote:
               | You don't know the half of it. Many contemporary and
               | common words are the results of misspellings.
               | 
               | "a nickname" was originally "an ekename" (eke being an
               | old English word meaning also)
               | 
               | conversely, "an apron" was originally "a napron."
               | 
               | English is a weird agglomeration of different languages,
               | with things like the application of French-style plurals
               | (-s) to Anglo-Saxon words (but not always, cf. ox ->
               | oxen) and a generally Germanic syntax with a large
               | fraction of Romance root words.
               | 
               | As part of my Dewey Decimal Project1
               | https://www.dahosek.com/category/dewey-decimal-project/ I
               | ended up reading some interesting books on English
               | linguistics (scroll down to the 500s for those).
               | 
               | ------
               | 
               | 1. I'm not quite done. I have two read books to blog
               | about before I read the last book in the series which
               | will be the book my local library has at its highest
               | Dewey Decimal call number. Alas, it's not a 999
               | Extraterrestial Worlds book, but I think it's either
               | Antarctica or Australia (I looked when I first started on
               | this seven years ago, but I've since forgotten).
        
               | diggernet wrote:
               | Also, "a narang" -> "an orange".
        
               | sls wrote:
               | It's not really misspellings, it's reanalysis, and it's
               | not at all particular to English.
        
             | chovybizzass wrote:
             | Or get your typo into a spec like "referer"
        
             | [deleted]
        
           | UglyToad wrote:
           | This reminds me when I was learning to code I was working
           | through the Project Euler problems in python, one of them has
           | you write code to do something with the English words for
           | numbers.
           | 
           | I wrote my code and was fairly confident it was correct,
           | submit the answer and it is rejected, spend the next few
           | hours trying to find the logic error. Of course it's because
           | English is ridiculous and it's "forty" instead of "fourty".
        
             | layer8 wrote:
             | What about twoty, threety, fivety and eightty?
        
               | UglyToad wrote:
               | I think it's the amount of prefix that gets me with
               | forty. Plus fifth / fourth versus fifty / forty
        
           | InitialLastName wrote:
           | I worked with a (home-rolled at the company, but long before
           | my time with no compilation documentation) comms library that
           | had functions named "receive" and functions named "recieve".
           | 
           | Even better, the library was called into as a COM object by a
           | Visual Basic Script script, and the misspelled corner case
           | only got hit rarely. Figuring out that the problem was the
           | correctly spelled function call was a joy.
        
             | chopin wrote:
             | I rarely work with Excel. A couple of days ago I had the
             | joy to need to apply a function with multiple parameters.
             | The formula parser complained with an error message which
             | meant nothing to me. I finally figured out that I needed to
             | use semicolons as separator for the function arguments (I
             | am from Germany). Who in his right mind does THIS? I tried
             | to change the separator in Windows setting, to no avail.
        
           | dehrmann wrote:
           | Have fun naming the variable you use for referer.
        
           | tambourine_man wrote:
           | Magento 1.9X used to have a typo in the database that lasted
           | for years because so much stuff already relied on it and it
           | wasn't user facing. I do not miss those days.
        
         | ianlevesque wrote:
         | You kid but they are a list of "tiers" that get localized.
        
           | jrockway wrote:
           | I kind of assumed. You can't just take the price in dollars
           | and convert it with the exchange rate, because customers
           | don't want to buy a "89.398723 yen" app. It has to be $0.99,
           | PS0.89, Y=99, etc.
           | 
           | It is interesting that things are not priced in "buying
           | power", but in numbers that aim to most deceive. ("It's not
           | even a dollar!")
        
             | nicolas_t wrote:
             | Steam is very often priced in buying power. Depending on
             | the country you live in, prices can be half as high as in
             | other countries.
        
               | elliekelly wrote:
               | Why don't more digital platforms take this approach? Are
               | they worried people from higher relative income countries
               | will log in with a VPN and buy it cheaper?
        
         | slumdev wrote:
         | Complete with spelling errors, semicolons in place of commas,
         | shouting snake case, and unnecessary explicit numbering.
         | Definitely enterprise-grade.
        
           | cyral wrote:
           | Not complete until it has a poorly documented API with some
           | name like PriceKit, maybe hidden behind an entitlement as
           | well.
        
           | jrockway wrote:
           | The explicit numbering is so that you can reorder them to be
           | more "readable" later. I didn't have the heart to do that
           | here, but in the real world, anything goes!
        
           | happytoexplain wrote:
           | When somebody comes along and inserts a new case next to an
           | existing case because they're closely related, you'll be glad
           | the numbers are explicit.
        
             | slumdev wrote:
             | Negative - if these are going to be treated like keys where
             | the integer value needs to retain the same meaning between
             | builds, then an enum is the wrong abstraction to use.
        
           | inopinatus wrote:
           | The real enterprise case is when additions are made for
           | things that aren't even pricing
        
             | TeMPOraL wrote:
             | There's also less enterprisy and more "1990s engineering"
             | variant of this:                 enum PricePoint {
             | //all the 500+ price points defined above...
             | REGULAR_PRICE = 1023;         PROMO1_PRICE = 1047552;
             | PROMO2_PRICE = 1072693248;         AUTOHINT_ROUND_99 =
             | 1073741824;         AUTOHINT_BUYING_POWER = 2147483648;
             | }
             | 
             | Little bit twiddling, and you can encode 3 prices + some
             | flags in an uint32.
        
             | winrid wrote:
             | BLUE_BANANA_CONCESSION = 9001
        
         | postsantum wrote:
         | THREE_FIDDY
        
           | RobRivera wrote:
           | getOut.gif
        
           | tuatoru wrote:
           | * TREE_FIDDY
        
             | mike_hock wrote:
             | Supports lookup in O(fiddy).
        
       | collaborative wrote:
       | >Developers can communicate directly with customers about
       | alternative payment options. Customers have to consent and be
       | given the right to opt-out.
       | 
       | >Apple ceded some ground on issues of interest to developers but
       | gets to keep (at least for now) key structures of its App Store,
       | including the overall commission structure of the store as well
       | as its prohibition against using rival app stores or in-app
       | payment mechanisms
       | 
       | So are alternative payment methods going to work? Or is it that
       | this is only allowed after you direct a user to an external URL?
       | Would embedded browsers be ok to process the IAPs?
        
         | Daedren wrote:
         | It'll be as it has always been. Apps can't show or hint at
         | alternative payment options.
         | 
         | This is in regards to letting users know about such options
         | outside the iPhone's scope (email for instance)
        
           | TheJoeMan wrote:
           | I was hoping Apple was ceding some ground in this, it's what
           | puts the dirtiest taste in my mouth. If you go to even
           | Walmart (a company very strict on their suppliers) and pick
           | up some object, on the back of the packaging will be
           | www.exampleproduct dot com. And on that website you could
           | theoretically sell your product directly.
           | 
           | What does Apple do? "Oh on that privacy policy we mandated
           | you could click here and then here and then pay online -
           | REJECT"
           | 
           | So now people only know that Netflix can be paid online, but
           | few think to sign up for DuoLingo or the like online :/
        
             | iNate2000 wrote:
             | But Walmart wouldn't let a vendor set up a kiosk in the
             | middle of the store and accept payments with a Square
             | reader on a phone, would they?
        
               | horsawlarway wrote:
               | Walmart has already purchased the items they're selling
               | in their stores - in most situations.
               | 
               | That's how distributers work - They purchase an order of
               | items up front and then sell them at a price point of
               | their choosing.
               | 
               | Not to mention - In the walmart case, the user is free to
               | go shop at safeway/publix/kroger/target/etc if they want.
               | Where as with Apple you can only shop at the company
               | store.
        
             | collaborative wrote:
             | Seems like a massive PR trick then. The only difference is
             | that they will set up $100M for US devs. Probably the ones
             | that brought the court case?
        
       | stephc_int13 wrote:
       | I don't understand, what is a potential class action lawsuit?
       | 
       | In any case, as a game dev, this deal seems bad.
       | 
       | This is status quo.
       | 
       | I vote no.
        
         | whatevrrjsa wrote:
         | A bunch of people sue together and a lawyer represents them.
         | Instead of taking it to court where apple could lose /riskier
         | they took money from apple and small concessions that arent
         | significant
        
       | jonplackett wrote:
       | It's funny, apple's share price dropped today, presumable based
       | on this. But I think this is net positive for apple. They are
       | being helped out here by the legal system - forced to make the
       | developer experience and customer experience much better. In the
       | long run this will be good for them.
        
       | 1vuio0pswjnm7 wrote:
       | Some more information I got from reading the Preliminary Approval
       | Order
       | 
       | Every iOS app developer is automatically included in the class
       | unless she objects to being included, i.e., requests to be
       | excluded.^1 The entire class is represented by two representative
       | members.^2 They in turn are represented by legal counsel selected
       | by a judge.
       | 
       | The settlement approval is still preliminary. It will remain
       | preliminary for several months and still needs to be finally
       | approved by the court. Any app developer can object to the
       | agreement in the meantime.^3
       | 
       | Unless an app developer requests to be excluded from the class,
       | then if no developers object to the settlement agreement and it
       | is approved, she will be bound by the terms of the agreement.
       | 
       | Unless I am mistaken, it is possible the agreement could, e.g.,
       | limit her right to take part in lawsuits against Apple in the
       | future, among other things. Question for the reader: Should an
       | iOS developer/Apple read that agreement. A copy will be published
       | online within the next 45 days.^4
       | 
       | App developers have the next 105 days to request to be excluded
       | from the class and/or object to the agreement as well to the fees
       | to be paid to the lawyers representing the class.
       | 
       | 1. "Any person who desires to request exclusion from the
       | Settlement Class must do so by 105 days from the entry of this
       | Preliminary Approval Order, and such request for exclusion shall
       | be in the form of a letter mailed or otherwise delivered to the
       | Settlement Administrator stating that the person wants to be
       | excluded from the Cameron et al. v. Apple Inc., Case No.
       | 4:19-cv-03074-YGR (N.D. Cal.) settlement, and the letter must
       | include the persons name and address,and identify all of the
       | persons Apple Developer Accounts. All persons who submit valid
       | and timely requests for exclusion shall have no rights under the
       | Settlement Agreement, shall not share in the distribution of the
       | settlement funds, and shall not be bound by the final judgments
       | relating to Defendant Apple Inc. entered in the litigation"
       | 
       | "All written objections and supporting papers must (a) clearly
       | identify the case name and number (Donald R. Cameron, et al. v.
       | Apple Inc., Case No. 4:19-cv-03074-YGR), (b) be submitted to the
       | Court either by mailing them to the Class Action Clerk, United
       | States District Court for the Northern District of California,
       | 1301 Clay St, Oakland, CA 94612, or by filing it in person at any
       | location of the United States District Court for the Northern
       | District of California; and (c) be filed or postmarked on or
       | before 105 days from the entry of this Preliminary Approval
       | Order"
       | 
       | 2. The two app developers who are acting as class representatives
       | for all iOS app developers are: David R Cameron and Pure Sweat
       | Basketball, Inc.
       | 
       | 3. See #1
       | 
       | 4. It will be published at this address:
       | https://smallappdeveloperassistance.com
        
       | [deleted]
        
       | ksec wrote:
       | >Apple agrees to make sure the search results in the App Store
       | are based on objective criteria.
       | 
       | I cant help but laughed when I was reading it. What were they
       | doing before that?
       | 
       | I thought the most important part was the next bit,
       | 
       | >The settlement, which must be approved by Judge Yvonne Gonzalez
       | Rogers, comes as Apple is awaiting a ruling in a separate
       | lawsuit, brought by Fortnite developer Epic Games, which seeks to
       | force Apple to allow rival in-app payment and store options.
       | 
       | >The same federal judge is hearing the Apple-Epic case and a
       | ruling could come at any time.
       | 
       | My guess is that the way things are going in these cases are not
       | in Apple's flavour. And for all the court case I followed over
       | years Apple tends to be the favourite in court. Rightfully or
       | not. ( Some of the Judge are very clearly biased ) But Judge
       | Yvonne Gonzalez Rogers was clearly trying to get to the bottom of
       | things. And asking some very hard questions.
       | 
       | Is this enough? I am not sure if Judge Yvonne Gonzalez Rogers is
       | easy to please either. And let's not forget this is US only. EU
       | are grinding their teeth. Then there are South Korea and Japan.
       | And China is surpassingly quiet in all of these.
       | 
       | Phil Schiller was right, if Apple were to ever change its fee
       | structure, that it should do so "from a position of strength
       | rather than weakness". It was unfortunate Steve passed away soon
       | after that email.
        
         | markdown wrote:
         | > It was unfortunate Steve passed away soon after that email.
         | 
         | I'm sure Steve sent a lot of emails. Which one are you
         | referring to?
        
           | unclekev wrote:
           | > Which one are you referring to?
           | 
           | This one:
           | 
           | https://www.theverge.com/2021/5/4/22418828/apple-app-
           | store-c...
        
         | Dumblydorr wrote:
         | What is Apple's rationale for saying that apps can not charge
         | within themselves? The intention is to make more money, but
         | what is the stated reason? Couldn't Apple make plenty by
         | charging up-front to install things, for the "utility" of it's
         | marketplace and userbase? I struggle understanding why Apple
         | should get every right to money exchanged within apps they
         | didn't program or administer.
        
         | probably_wrong wrote:
         | > _And let 's not forget this is US only. EU are grinding their
         | teeth._
         | 
         | Either I am misreading this part of your comment, or you may
         | have overlooked this paragraph:
         | 
         | > _With the exception of the fund for small developers, the
         | rest of the changes are being made globally._
        
           | londons_explore wrote:
           | But the main complaint is "Apple has a monopoly on app
           | distribution for iPhone users", not "Apple won't let me set
           | the price to $1.05"
        
         | hellbannedguy wrote:
         | "My guess is that the way things are going in these cases are
         | not in Apple's flavour. "
         | 
         | 1. I feel this went in Apple's favor.
         | 
         | 2. I'm not sure if I got my facts right, but Appe is required
         | to pay developers out of a 100 million fund? 100 million is
         | what they spend on office parties?
         | 
         | 3. Offer companies whom are under 1 million in sales, a 15%
         | fee. Biggercompanies are still at 30%.
         | 
         | 4. Companies can pay directly. (Yea--I care enough about Epic
         | Games enough to pay them directly? Epic--treat your low level
         | employees better, and I might care? )
         | 
         | Apple seems to have won?
        
           | whatevrrjsa wrote:
           | 30% of that fund is going to lawyers
        
         | saagarjha wrote:
         | I can't but hope that this means that Search Ads will be going
         | away. But that seems quite unlikely if they say they were doing
         | it before...
        
         | crazygringo wrote:
         | >> Apple agrees to make sure the search results in the App
         | Store are based on objective criteria.
         | 
         | > I cant help but laughed when I was reading it. What were they
         | doing before that?
         | 
         | I assume that's referring to the fact that previously, they
         | occasionally hard-coded certain search terms to show Apple app
         | results before third-party apps, even if the search term was an
         | exact match. [1]
         | 
         | And that "objective" search results means no more hard-coding
         | of exceptions like this to give "partiality" to a particular
         | company or app.
         | 
         | [1] https://news.ycombinator.com/item?id=27476206
        
         | x0x0 wrote:
         | The value that objectively pays Apple the most per click.
         | 
         | Separately... I remain astounded at the risks of quasi-
         | arbitrary government action (lawsuit here, Senators here,
         | regulators in EU) that Apple is running to protect their app
         | store vig. Just amazing.
        
         | Abishek_Muthian wrote:
         | Here's another possible entry for a class action suit, I had a
         | arachnoid type game on Appstore under 'Arcade' category for
         | couple of years and one night I received an email telling Apple
         | is moving my game from 'Arcade' category to some X category
         | because it's naming it's new game subscription as 'Apple
         | Arcade'.
         | 
         | I'm sure every other game in the Arcade category was bolted out
         | unless it could be part of their subscription service. I'm in
         | that part of the world where I can do nothing about it, But was
         | hoping those in U.S. or EU sued the Apple for this.
        
       | [deleted]
        
       | balozi wrote:
       | I guess you can look forward to a check for $2.12 in the mail.
       | Feels like Apple's highfalutin way of mocking devs.
        
         | jccalhoun wrote:
         | yep. Class action lawsuits are almost always a scam. I remember
         | when I was a kid my parents bought a Kodak instant film camera.
         | Polaroid sued them. As part of the settlement Kodak gave
         | customers... coupons for a discount on Kodak branded batteries
         | and a specific model of camera my parents could never find in
         | stock.
        
         | skybrian wrote:
         | From the article, minimum payment is $250.
        
           | kar1181 wrote:
           | Hopefully that actually hits someone's bank account unlike
           | the Equifax settlement which only really hit the laywers'
        
       | [deleted]
        
       | pazimzadeh wrote:
       | I don't understand the fund. Who would receive the funds, and
       | how?
       | 
       | Is this a one time check to all developers who gross less than $
       | 1 million?
        
         | whatevrrjsa wrote:
         | 30% goes to lawyers
        
         | johnrbent wrote:
         | I was wondering about this too... From the actual press
         | release:
         | 
         | "Apple will also establish a fund to assist small US
         | developers, particularly as the world continues to suffer from
         | the effects of COVID-19. Eligible developers must have earned
         | $1 million or less through the US storefront for all of their
         | apps in every calendar year in which the developers had an
         | account between June 4, 2015, and April 26, 2021 --
         | encompassing 99 percent of developers in the US. Details will
         | be available at a later date."
        
       | finickydesert wrote:
       | Not bad
        
       | [deleted]
        
       | yyyk wrote:
       | A more suitable headline for the original article would have
       | been: "US developers' lawyers agree to settle potential class
       | action suit". I wish they didn't. There are important and rather
       | easy wins to be attained (e.g. I don't see how the Apple Payment
       | requirement could survive a trial).
       | 
       | Developers could still object to the settlement[0]. That way,
       | Apple will still be bound by its concessions, while the suit goes
       | forward.
       | 
       | [0] https://news.ycombinator.com/item?id=28323992
        
         | BarryMilo wrote:
         | I also wish companies would put justice above profits, but this
         | is so far removed from our current reality it's hard to
         | imagine.
        
       | 8eye wrote:
       | gonna go ahead and collect my 2.77 from a future class action,
       | who else is in? lol
        
       | MeinBlutIstBlau wrote:
       | I would rather risk the class action tbh. This is Apple, the
       | company that changes major things on a whim and doesn't care if
       | it's bad. 10-20 years down the road we'll be in the same spot.
        
       | jacquesm wrote:
       | Meanwhile, as long as you understand that you are allowed to sell
       | your wares to _Apples_ customers - and not yours - you may
       | proceed. This is the key element, that Apple continues to own the
       | customer relationship, rather than that your customers make use
       | of their eco-system and hardware.
        
         | Razengan wrote:
         | Yes, because iOS users will ask Apple for refunds if your app
         | screws them over.
        
       | alkonaut wrote:
       | Suggestion: push for another lawsuit and demand being able to
       | push the information about any price and payment method right in
       | the app.
       | 
       | This seems like a non-concession from Apple.
        
       | gjsman-1000 wrote:
       | This is the same judge that is doing the Apple vs Epic ruling. I
       | would expect the final ruling on Apple vs Epic to, ultimately,
       | have very similar results to this settlement (or would have).
       | 
       | If you've been following Hoeg Law's _hours long_ legal commentary
       | on Apple vs Epic, they believed the most likely resolution would
       | be Apple being forced to remove the  "anti-steering rule" which
       | gags developers from talking about alternative payment options.
       | This settlement has that already. It looks like, unless there is
       | a major upset, the Apple vs Epic ruling will be virtually moot
       | (in terms of legal consequences that benefit developers) unless
       | it gets appealed.
        
         | commoner wrote:
         | > This settlement has that already.
         | 
         | This settlement is not good enough for many developers, since
         | developers are still subject to Apple's anti-steering rule in
         | their iOS apps. Having to establish another communication
         | channel with the customer is an unnecessary hurdle to let the
         | customer know that they could avoid the (up to) 42.8% price
         | hike on their subscription and future app-related purchases if
         | they pay outside the app.
        
         | wvenable wrote:
         | > This settlement has that already.
         | 
         | It sounds like an extremely limited version of that. Email? How
         | magnanimous of them. I'm surprised it was registered mail or
         | carrier pigeon.
        
         | syspec wrote:
         | Link?
        
       | bogwog wrote:
       | Is this enough to open a competing store?
       | 
       | * Put your app for free on the appstore, but with a paywall
       | 
       | * In order to activate the app, you must buy it on an external
       | site
       | 
       | * A web-based store allows users to browse and purchase apps, and
       | "download" links send them to the appstore
       | 
       | * Customers can link their Apple IDs (or another account) so that
       | purchases can be confirmed without having to sign in to every app
       | individually
       | 
       | Or is there still something in the developer contract that
       | prevents this?
        
         | 58x14 wrote:
         | One of my first thoughts. The purchase of a license would need
         | to occur on the web-based store, where presumably you'd create
         | an account, download the free (with in app purchases, because
         | you don't want to restrict sales even if they're at a lower
         | margin) app from the App store, and sign in with your account
         | to activate.
         | 
         | Seems like entities wishing to operate a secondary app
         | marketplace would continually be balancing tradeoffs in UI/UX
         | (v. native Apple experience) and cost of acquisition for a
         | relatively small reduction in fees.
        
       | post_break wrote:
       | I love how in their press release they say: "The terms of the
       | agreement will help make the App Store an even better business
       | opportunity for developers, while maintaining the safe and
       | trusted marketplace users love."
       | 
       | This is going to make the App Store even better! You're going to
       | love it! (not because we did this on our own, but because we saw
       | the writing on the wall and were forced to).
       | 
       | I can't stand how they are burning so much good faith with
       | developers to keep the rent of the app store.
        
         | horsawlarway wrote:
         | As a developer - I don't understand how _any_ developer still
         | holds Apple in good faith.
         | 
         | Literally every step they have taken over the last 8 years has
         | been miserable for independent developers trying to release
         | products on Apple devices.
         | 
         | - Random API shutoff and access changes
         | 
         | - Documentation used to be okayish, is now mostly trash
         | 
         | - Absolutely hostile to virtualization for device testing and
         | deployment pipelines
         | 
         | - Forced payments, tied hands for external payments
         | 
         | - Forced integration of Apple specific features (sign-ups as an
         | example)
         | 
         | - A clear habit of copying successful apps, recreating a
         | mediocre in-house version, then bumping you WAY down below the
         | "Apple" version of your app in the store
         | 
         | And I'm not even talking about the store fees, which in my
         | opinion amount to extortion since they prohibit any other
         | installation method.
         | 
         | I can vaguely understand why some _users_ like Apple, since
         | they market very well.
         | 
         | But as a dev - Apple is literally the fucking devil. They will
         | screw you over at every turn, often with nothing but automated
         | responses, and have a complete disregard for you, your users,
         | and your products.
         | 
         | I wish them a _FUCKING HARD_ fall from grace here. Apple is not
         | a nice company. Apple is a fucking mob extortionist with a
         | great PR story.
        
         | gjsman-1000 wrote:
         | Well, what else are they going to do, not release a statement?
         | If you release a statement about a legal ruling you lost, it's
         | obviously going to be spun from whoever published it.
        
           | jcrites wrote:
           | This is something of a nitpick but:
           | 
           | Apple did not lose a legal ruling. Some companies initiated a
           | lawsuit against them, and Apple and those parties mutually
           | agreed to resolve their dispute, presumably with concessions
           | from both sides. The agreement needs to be approved by a
           | judge, but the parties in the case are saying that they are
           | no longer in dispute under the proposed terms.
           | 
           | Companies that get sued agree to settlements all the time,
           | even if they believe they are fully in the right, because
           | going to trial has a large potential risk; and the legal
           | expected fees for litigating a trial and possible appeals
           | might exceed the cost of the proposed settlement.
           | 
           | If the party suing you is willing to settle for known terms,
           | then it might be preferable to accept the (undesirable to you
           | but fixed and known ahead of time) costs/downsides by
           | settling, than roll the dice by allowing the case to proceed
           | to a judge or jury trial where you might indeed lose the case
           | and suffer a much worse outcome. Companies might settle if
           | they think there is some chance that they plaintiff might
           | prevail, even if that chance is low, when there could be a
           | large (potentially unbounded) downside to losing the case --
           | as could be the case for a class action.
           | 
           | This is the same risk management reasoning that allows patent
           | trolls to get away with their bullshit. If you don't think
           | their patent is valid and would survive scrutiny in court,
           | and even know of prior art, or you don't think you are
           | infringing it, the legal costs to litigate an fight that
           | battle in court might be higher (and take years of time and
           | energy from senior staff members of the company - a
           | distraction) than settling with the patent troll for what
           | they're asking for to "license" their patent.
           | 
           | It was a travesty that trolls got away with it for so long,
           | but computers and software historically were new whereas most
           | judges & juries consisted of older individuals, and know
           | little to nothing about the internals of computers &
           | software. Meanwhile both sides could bring in so-called
           | expert witnesses to claim whatever they want.
           | 
           | This asymmetry resulted in some tech companies agreeing to
           | pool their patents, and formally or informally agree not to
           | sue each other over patents, and form mutual defense
           | coalitions. The Supreme Court also tightened up what
           | inventions are patentable in the software space considerably,
           | as I recall, to eliminate the "pure abstract idea implemented
           | in software and running on a computer" category of patents.
           | 
           | Judges are also starting to become more tech savvy and
           | specialized court circuits are developing to focus on the
           | area. Take a look at how Google versus Oracle was handled:
           | the judge assigned to the case learned introductory
           | programming (!) so as to assess whether Oracle's claim about
           | their code snippet being copyrightable was true, vs. being
           | obvious and something any practitioner of the art would
           | necessarily write when building compatibility with the Java
           | API (which he did end up concluding as I recall; definitely
           | correct decision IMO, if you recall what that function was -
           | something like checking whether a given index was within the
           | bounds of an array or something similar; any function to do
           | that will look about the same). The case was appealed and I
           | haven't kept up-to-date on it since then.
           | 
           | As the holder of several patents myself, I personally think
           | only substantial research breakthroughs should be patentable
           | (where it comes to software patents that are essentially pure
           | algorithms). The MP3 algorithm was a complete game changer
           | for music & audio distribution, for example, drastically
           | reducing its data size and making it feasible to economically
           | transmit over the Internet. Breakthroughs of this magnitude
           | ought to be the minimum bar in my mind, that I would want the
           | patent office to hold for software patents personally. A
           | novel way to organize your CRM database should not be
           | patentable.
           | 
           | A secondary problem is that the patent office has no
           | incentives to be strict (after all, they can just issue the
           | patents and let people litigate in court if they think it's
           | wrong), and I doubt their competence in their ability to
           | evaluate whether a claimed invention is worthy. they also
           | make income from the patent submission process so their
           | incentives are to allow companies to submit a lot of patents;
           | and if they made those patents too difficult to get,
           | companies would not bother, relying on keeping inventions as
           | trade secrets instead, which companies by and large are doing
           | anyway.
           | 
           | A final travesty is how many patents don't disclose any
           | useful information for someone to replicate the invention
           | when the patent expires. As compared to patents for
           | mechanical devices that must include diagrams of functional
           | machines, software patents have hand wavy abstract
           | architectures that would help you little if at all in your
           | efforts to duplicate the "invention" after the patent
           | expires.
           | 
           | All right, it looks like I've gone off on a rant. Suffice it
           | to say that the legal system has lots of complicated
           | incentives and motivations influencing parties involved in
           | it. There may be numerous reasons for a company to take any
           | particular course of action in a legal dispute.
        
             | rambambram wrote:
             | > Apple and those parties mutually agreed to resolve their
             | dispute
             | 
             | Indeed, but only after those parties took legal action.
             | It's not that Apple at the first sign of disagreement said:
             | "oh well, you were right all along".
             | 
             | Like somebody else said: Apple should just sh*t up about
             | this. Don't spin it.
        
               | threeseed wrote:
               | > Apple should just sh*t up about this.
               | 
               | They did. They released a generic press release and said
               | nothing else.
        
           | okamiueru wrote:
           | Not releasing a statement sounds like a good option to me.
           | Even better would be simply not "spinning" it. I don't see
           | what's obvious about it. Companies don't _have_ to behave
           | dishonestly.
        
             | mbreese wrote:
             | It was a known court case that had the potential to have a
             | major impact on Apple's bottom line. Not releasing a
             | statement about the settlement was not an option. Neither
             | party is 100% happy with the agreement, but realistically
             | -- both parties got what they wanted (and they wanted what
             | they got).
        
       | wmf wrote:
       | Official announcement thread:
       | https://news.ycombinator.com/item?id=28322638
        
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