[HN Gopher] Apple Will Not Reinstate Epic's Fortnite Developer A...
       ___________________________________________________________________
        
       Apple Will Not Reinstate Epic's Fortnite Developer Account
        
       Author : robin_reala
       Score  : 410 points
       Date   : 2021-09-23 09:15 UTC (13 hours ago)
        
 (HTM) web link (daringfireball.net)
 (TXT) w3m dump (daringfireball.net)
        
       | cmattoon wrote:
       | This is from the company (Apple) who "mitigated" a zero-day with
       | a case-sensitive string match so it could still be exploited?
       | 
       | Like apple gives a shit about concealed code.
        
         | mimsee wrote:
         | Apple cares about concealed code insofar as the code is being
         | concealed from them. If Apple conceals code from the user, why
         | would they care?
        
       | some_other_time wrote:
       | As a developer, I can understand wanting to have a separate IAP,
       | but this should add another level. If I create something for sale
       | within Fortnite, I don't want to share that profit with Epic. I
       | want to use my own IAP. If Apple has to provide alternative IAP
       | for creators/developers on their platform, the developers should
       | also have to provide alternative IAP for creators within their
       | platform/app.
        
       | moonchrome wrote:
       | What happened to that proposed US regulation that they will
       | mandate alternate app stores on iPhone and make Google style
       | strong-arming against other stores illegal.
       | 
       | This sounds like the best solution by far. Nothing changes for
       | Apple walled garden users and happy Google Play users. The rest
       | of us get better choices.
        
         | floatingatoll wrote:
         | How would this change the fact that Epic knowingly and
         | intentionally violated a contract? The judge didn't prohibit
         | Apple from enforcement responses to the willful rule breaking
         | by Epic. Apple said they'd reinstate Epic if Epic uploads a
         | guidelines-compliant build. Epic instead said they'd upload a
         | build that doesn't comply with _today's_ guidelines. Apple
         | declined Epic's offer as it does not met the terms they
         | presented, and withdrew the offer of early reinstatement.
         | 
         | If Epic hadn't decided to posture and had just uploaded a build
         | that complies with today's guidelines - which do not, and are
         | not yet required to, allow external purchasing links - then
         | they would have had their account reinstated. They chose not to
         | do so, in a flashy and demanding way, having no leverage left
         | against Apple. Bad choice.
         | 
         | ps. This entire post is a dupe, rehashing the same discussions
         | from yesterday. https://news.ycombinator.com/item?id=28618332
        
           | moonchrome wrote:
           | I don't really care about Apple store ? Like I don't care
           | about Play Store - both have limitations I don't like.
           | Android is more lax about permitting custom software
           | installed on the phone but Google strongarms OEMs to prevent
           | any competing stores.
           | 
           | There's good money in maintaining appstores I'm certain
           | someone will do it better than Apple and Google, I would very
           | much welcome Steam mobile for example.
        
             | [deleted]
        
             | floatingatoll wrote:
             | I think my reply went to the wrong parent comment, and I
             | apologize for my error. You can safely disregard.
        
       | locallost wrote:
       | Sure, it's a f--- you move and Apple might like it, but if they
       | keep it up, they will keep making enemies until they have no more
       | friends. For every homer like Gruber there are many more people
       | that just want to do something useful with Apple's technology.
       | Like play Fortnite.
        
       | Jensson wrote:
       | > Epic will resubmit Fortnite to the App Store if you adhere to
       | the plain language of the court order and allow apps to include
       | buttons and external links that direct customers to other
       | purchasing mechanisms without onerous terms or impediments to a
       | good user experience.
       | 
       | That seems very reasonable, why wouldn't Apple be forced to
       | comply with the court order?
        
         | threatofrain wrote:
         | Apple is complying with court rulings, including the judgment
         | that Apple's contract with Epic is valid and enforceable. Apple
         | could hypothetically ban all of Epic's accounts forever, but
         | only the Fortnite account is banned. This appears to be a win
         | for... payment vendors.
         | 
         | At this point Epic can only hope for legislative action.
         | 
         | Also on the "reasonableness" of Epic's promises... I'm not sure
         | why making a pinky promise in a non-legal setting is any more
         | serious than a legal contract they already choose to break.
        
           | YPPH wrote:
           | >Apple could hypothetically ban all of Epic's accounts
           | forever
           | 
           | Is this mere conjecture or is it founded on what was said in
           | the court's opinion?
        
             | [deleted]
        
             | madeofpalk wrote:
             | Court's opinion was the Apple has the right to enforce it's
             | contract and ban Epic's developer account.
        
           | Jensson wrote:
           | But wasn't Epic banned just because they broke that rule the
           | court now ordered Apple not to enforce? Isn't it strange that
           | this lawsuit would result in Apple now being able to enforce
           | that rule only for Epic and they aren't allowed to enforce it
           | for anyone else? Is that how it is supposed to work?
        
             | tsimionescu wrote:
             | No, Epic directly offered in-game payment options for the
             | Epic currency. The judge ordered Apple to allow in-game
             | links to online purchase options, not to directly allow in-
             | app purchases from 3rd parties.
        
             | kevingadd wrote:
             | It certainly could be interpreted as contempt of court but
             | in practice Apple has hundreds of vague rules in their
             | developer policies and they use them on a daily basis to
             | block apps or updates just because they feel like it. They
             | would have no difficulty constructing a retroactive excuse
             | for banning Epic (and all their customers, as they
             | threatened previously) from the store.
        
               | [deleted]
        
             | didibus wrote:
             | > Is that how it is supposed to work?
             | 
             | Yup, the judge ordered Epic to pay some millions to Apple
             | in damages.
             | 
             | So it said something like, Epic was wrong to do what they
             | did and did break their contract, but also said from now on
             | that Apple can't prevent devs from steering customers to
             | outside the App Store payments.
        
           | Jensson wrote:
           | > Also on the "reasonableness" of Epic's promises... I'm not
           | sure why making a pinky promise in a non-legal setting is any
           | more serious than a legal contract they already choose to
           | break.
           | 
           | Apple said they would reinstate Epic based on a pinky
           | promise, they just wanted more in the promise they didn't
           | question the promise itself. Pinky promises are absolutely a
           | thing, not sure why you are ridiculing that part here.
        
             | threatofrain wrote:
             | Legal contracts are also a thing? In terms of seriousness,
             | if you're willing to violate legal contracts, then what is
             | the value of a pinky promise? The value of any promise is
             | the sum of your credibility.
        
               | Aeolun wrote:
               | Well, violating the legal contract is just a cost of
               | doing business, that's why Epic shrugs and pays 6M.
               | 
               | I'd argue that the pinky promise means more.
        
               | madeofpalk wrote:
               | What is a contract if not a slightly more legally binding
               | pinky promise?
        
               | salawat wrote:
               | Something prone to procedural weaponization in the sense
               | that strategic refusal to even consider redlined terms
               | (the entire point of meeting of the minds) is rife.
               | 
               | I'd like to direct your attention to every piece of
               | software's license agreement to which the answer to
               | "decline" or "disagree" is to cease execution. Not to
               | figure out what the person is actually okay with, and
               | modifying execution from there.
               | 
               | Network effects are explicitly exploited (see "economies
               | of scale") to lock in what the provider specifically
               | wants. Hence why FLOSS is so important for it's role of
               | providing BATNA.
        
           | fxtentacle wrote:
           | In reality, though, Apple would be throwing half of their
           | game developers under the bus if they disable the Unreal
           | Engine account. So if Epic can bait them to do that, they'll
           | have plenty of frustrated developers to push public anti-
           | Apple sentiment.
        
             | dkonofalski wrote:
             | As long as those developers can still test their games on
             | the platform, there will only be anti-Epic sentiment. Every
             | game developer using the Unreal Engine is seeing this play
             | out just like we are and they're seeing that it's Epic's
             | actions that are causing that issue. With the state of game
             | engines today, many may even consider moving away from
             | Unreal for future games specifically because of Epic's
             | actions.
        
           | Dah00n wrote:
           | >Apple could hypothetically ban all of Epic's accounts
           | forever
           | 
           | That is just plain wrong. There's no difference in Apple
           | banning all Epic accounts over this and Apple Banning
           | Microsoft or you for what Epic did. Epic is not one company,
           | each account is a different business. Banning different
           | companies in different countries and continents because of a
           | brand name would get Apple sued into oblivion and would
           | likely be the nail in the coffin for a closed app store.
        
             | threatofrain wrote:
             | > (2) a declaration that (i) Apple's termination of the
             | DPLA and the related agreements between Epic Games and
             | Apple was valid, lawful, and enforceable, and (ii) Apple
             | has the contractual right to terminate its DPLA with any or
             | all of Epic Games' wholly owned subsidiaries, affiliates,
             | and/or other entities under Epic Games' control at any time
             | and at Apple's sole discretion.
             | 
             | Why do you think this is plain wrong?
        
               | InGoodFaith wrote:
               | As you might recall - Apple did retaliate previously by
               | also banning an associated Epic Account (for Unreal
               | Engine and such) but was later legally forced not to [1]
               | 
               | 1: https://www.theverge.com/2020/10/9/21492334/epic-
               | fortnite-ap...
        
               | notafraudster wrote:
               | That was a temporary restraining order [1] and later
               | certified in a preliminary injunction [2], which is what
               | occurs before a trial in order to best preserve the pre-
               | trial status quo and protect parties from harm pending
               | trial.
               | 
               | You will note that the preliminary injunction vacates the
               | temporary restraining order and notes that it will
               | "remain in force until the disposition of this case". The
               | case has been disposed. The final ruling explicitly
               | allows "Apple has the contractual right to terminate its
               | DPLA with any or all of Epic Games' wholly owned
               | subsidiaries, affiliates, and/or other entities under
               | Epic Games' control at any time and at Apple's sole
               | discretion."
               | 
               | I seriously recommend not relying on blog analysis of a
               | court case and instead reading the court documents, and
               | if you are unable to do so (understandable!) to avoid
               | participating in the conversation in the manner of
               | correcting someone.
               | 
               | 1: https://storage.courtlistener.com/recap/gov.uscourts.c
               | and.36...
               | 
               | 2: https://storage.courtlistener.com/recap/gov.uscourts.c
               | and.36...
        
               | InGoodFaith wrote:
               | edit: I am not the original GP who said it's plain wrong
               | - perhaps I should lead with that
               | 
               | ---
               | 
               | I really appreciate your analysis. Perhaps my comment was
               | unclear, but it was in reference to the GP asking
               | 
               | > Why do you think this is plain wrong?
               | 
               | Since from my understanding the injunction should still
               | be in effect (as mentioned by another commenter). Of
               | course with the added disclaimer that I am not a
               | corporate lawyer.
               | 
               | > I seriously recommend not relying on blog analysis of a
               | court case and instead reading the court documents, and
               | if you are unable to do so (understandable!) to avoid
               | participating in the conversation in the manner of
               | correcting someone.
               | 
               | I appreciate your candor - while I may exhibit elements
               | of imposter syndrome, I believe I didn't add noise to the
               | SNR of this post since it was my intention to expand on
               | the aformentioned GP's question.
        
               | DannyBee wrote:
               | Close, but since epic appealed, it is not disposed yet -
               | it will become final once all appeals are exhausted
        
               | microtherion wrote:
               | ... in a preliminary injunction that "[...] will remain
               | in force until the disposition of this case" (pg 38,
               | bottom), so once the appeals process has run its course,
               | Apple is no longer bound by this.
               | 
               | https://cdn.vox-
               | cdn.com/uploads/chorus_asset/file/21949772/g...
               | 
               | That said, Epic could always try to get a further
               | injunction on this, and I don't really see an upside for
               | Apple from banning further accounts.
        
               | InGoodFaith wrote:
               | I appreciate this - I should have expanded on my original
               | post with the appeals disclaimer to clarify.
        
               | [deleted]
        
         | helsinkiandrew wrote:
         | > why wouldn't Apple be forced to comply with the court order?
         | 
         | They seem to be waiting until all appeals have finished:
         | 
         | "Apple will not consider any further requests for reinstatement
         | until the district court's judgement becomes final and
         | nonappealable."
         | 
         | https://twitter.com/TimSweeneyEpic/status/144071177248318669...
        
           | londons_explore wrote:
           | Effectively telling Epic that if they are serious about this
           | issue, they need to batten down for a multi-year court battle
           | and give up selling games in the meantime.
        
         | electriclove wrote:
         | Epic is appealing the decision. Sweeney is promising to follow
         | the rules but is also trying to take Apple down. Definitely
         | duplicitous. Apple does not have to let Epic back in.
        
         | mbreese wrote:
         | Apple is complying with the court order (so far as we can
         | currently tell). Not reinstating Epic's developer account is a
         | separate issue. It was explicitly stated in the court order
         | that Apple was allowed to terminate Epic's account and it was
         | solely up to them if they wanted to reinstate it.
         | 
         | Opening the payment mechanisms for other developers is a
         | separate issue to whether or not Epic could still sell iOS apps
         | on the AppStore.
        
         | gehsty wrote:
         | A short summary of the ruling is that Apple has no 'duty to
         | deal' with Epic (you can't force someone to do business with
         | someone), so they can let them in when they want.
         | 
         | If Epic did not appeal, and submitted a version of fortnight
         | that complied with App Store requirements I think they would be
         | in the store rn.
        
         | ribit wrote:
         | I guess it has to do with the fact that Epic has appealed the
         | court verdict. I can understand that Apple doesn't feel like
         | doing business with someone who has an active legal case
         | against them.
        
           | Jensson wrote:
           | That makes sense, thanks! The dispute isn't resolved yet,
           | easy to understand. I assume if Epic accepted the court
           | ruling then Apple would be forced to comply?
        
             | nyx-aiur wrote:
             | No, because in the ruling it was stated that apple has
             | every right to not only ban epic but also to ban every epic
             | subsidiary if they so desire.
        
             | ribit wrote:
             | I am not sure they can be forced to comply (if I remember
             | correctly this particular court decision mentioned that
             | Apple was within their right for terminating Epic's
             | account), but that's just half of the story. It is true
             | that Apple has promised to reinstate Epic once they agree
             | to follow their rules. What I find really disingenuous
             | about all this is Tim Sweeney's attitude - he appeals the
             | decision while at the same time publicly blaming Apple for
             | not following up on their part of the bargain. It's just
             | embarrassing at this point.
        
             | madeofpalk wrote:
             | Apple would be forced to comply with the court ruling,
             | which does not require Apple to reinstate Epic's account
             | and allow Fortnite back on the App Store.
        
         | floatingatoll wrote:
         | It is very self-serving of Epic to offer Apple a legal
         | interpretation of the court's decision free of charge, that
         | delivers Epic all benefits it failed to receive in the court
         | decision. Apple is, however, free to disregard Epic's input on
         | interpretation, no matter how plausible Epic's phrasing may
         | sound to others. Apple is not forced to comply with Epic's
         | interpretation of the court order -- Apple is forced to comply
         | with _Apple 's_ interpretation of the court order, and has
         | another ~10 weeks to decide how they will choose to comply with
         | the order, assuming that it isn't suspended during the appeals
         | process. If a court later decides that Apple has not complied,
         | then Apple will be answerable to the court, not to Epic, for
         | their interpretations.
        
       | hughrr wrote:
       | No winners either side. And of course no winning for their
       | customers either.
       | 
       | I increasingly want nothing to do with battling corporate giants.
        
         | isodev wrote:
         | Indeed. It was quite clear from the beginning this is more
         | about Epic's bottom line than the interest of users or
         | developers.
        
           | tonyedgecombe wrote:
           | I don't think it's very good for their bottom line. I'm
           | pretty sure if they were a public company then their CEO
           | would have been ousted by now.
        
             | kevingadd wrote:
             | According to the court disclosures, their iOS revenue
             | wasn't as big as you'd think (less than 10%, iirc). If
             | that's gross revenue, it would mean the net revenue is
             | considerably lower. Once you factor in the costs to earn
             | that revenue - maintaining the iOS client, OS-specific
             | online services, etc - it probably wasn't too hard for them
             | to stomach the hit, especially since the potential upside
             | was pocketing more revenue in the future.
             | 
             | They were also making a larger scale play here, they want
             | to get rid of 30% cuts in general, which means they get to
             | keep more of their Android revenue and likely more of their
             | revenue on PlayStation and XBox (The court case revealed
             | that Sony is basically charging extortion money to allow
             | cross-platform play.)
        
           | croon wrote:
           | Of course, but Epic's bottom line isn't necessarily mutually
           | exclusive to the interests of users or developers.
        
           | mschuster91 wrote:
           | So what? Assuming that the battle does lead to an enforced
           | (either via court or legislation) opening of the App Store or
           | to massively reduced pricing for developers, the net outcome
           | for users and developers is still positive.
           | 
           | One might even argue that it did need Epic as one of the
           | largest mobile software vendors to challenge Apple both in PR
           | and the courts. Small developers have complained without any
           | effect whatsoever for _years_ about the App Store
           | restrictions (especially adult /otherwise "not family
           | friendly" content, or wishing to use an HTML renderer that is
           | _not_ full of bugs) or Apple booting out their existence with
           | no reason or way of appealing.
        
           | Aerroon wrote:
           | And how are those two not related? Epic is a developer,
           | therefore their bottom line is literally in the interest of
           | developers. Furthermore, if a company has less fees to deal
           | with then they can charge lower prices for the same product.
        
             | danaris wrote:
             | Yes, Epic is _a_ developer. So too is Tim Cook _a_ user;
             | does that mean that what 's in Tim Cook's interest is in
             | the interest of users, in general?
             | 
             | This doesn't logically follow; Epic's interests do _not_
             | necessarily align with the interests of all developers, and
             | they certainly don 't necessarily align with the interests
             | of users.
             | 
             | In particular, the whole point of this is that Epic wants
             | to be more than just a developer: they want to be a
             | platform owner, and run their own App Store. Most
             | developers can't even dream of that--and probably wouldn't
             | want to.
        
             | sva_ wrote:
             | I doubt they'd charge much less. The price is mostly
             | determined with what they believe people will pay.
        
               | kevingadd wrote:
               | They literally offered a sizable discount when they
               | pulled this stunt.
        
               | zepto wrote:
               | That was a stunt.
        
               | doctor_eval wrote:
               | The whole stunt was planned by Epic well in advance.
               | Offering an outside payment option without lowering the
               | price would have undermined their entire argument.
               | 
               | Make no mistake, when the dust settles, consumers will
               | pay the same amount, but Epic will get to keep more of
               | it.
               | 
               | There is nothing wrong with Epic wanting to increase its
               | margins, but doing so under the rubric of helping the
               | customer does get under my skin a bit.
        
           | MomoXenosaga wrote:
           | I disagree. We know an open market lowers prices for
           | consumers.
        
             | BeefWellington wrote:
             | Do we?
             | 
             | As I saw it, Epic's initial actions here were basically
             | over the percentage of the pie they get to take, not
             | reducing the size of the pie.
        
               | MomoXenosaga wrote:
               | Yes we do, it is one of the guiding principles of free
               | markets. But the US is going into a direction of giant
               | all powerful corporations smothering any competition.
               | 
               | People love Apple I know but if other companies start
               | doing this hopefully they'll reconsider.
        
           | kevingadd wrote:
           | If the person or company suing Apple needs to have no
           | ulterior motives, you'll never get a lawsuit, let alone a
           | successful one. The court isn't going to care about
           | hypothetical accusations, the lawsuit has to be brought by
           | someone who was materially harmed by Apple's behavior. Epic
           | pulled their stunt to set up a blatant example of what they
           | believed to be inappropriate behavior, and on at least one
           | count the court agreed with them.
           | 
           | Basically, the only way we would ever see action on this in
           | the US is if a big player - like Epic - pulled a stunt like
           | this to force their hand. As the evidence in the case showed,
           | Apple was happy to try and pay people off to prevent them
           | from filing a case like this, they offered Epic a sweetheart
           | deal and eventually caved to pressure from Amazon.
        
           | Jensson wrote:
           | Apple lowered fees to 15% for smaller developers thanks to
           | this fight. So regardless of their motives epic picking this
           | fight is a good thing.
        
             | Dah00n wrote:
             | Sure this is a "win" but just like Apple being pro-privacy
             | it is all PR and only luck that it is a good thing for
             | users too.
        
               | InGoodFaith wrote:
               | Isn't the "luck" in that case the spirit of having a
               | competitive market?
               | 
               | In an effort to stifle off regulation, the self-interest
               | of giant corporations are aligned with their otherwise
               | powerless developers - even if coincidentally.
               | 
               | If the duopoly wasn't under scrutiny, this "luck" would
               | have run out as there would be no real viable
               | competition.
        
           | arvinsim wrote:
           | > It was quite clear from the beginning this is more about
           | Epic AND Apple's bottom line than the interest of users or
           | developers.
           | 
           | FTFY
        
           | madeofpalk wrote:
           | Of course? No company is a charity.
           | 
           | The perfect situation is when a companies' bottom line is in
           | alignment with the interest of users and developers.
        
       | Invictus0 wrote:
       | Once you get past their family friendly PR, Apple has always been
       | a pretty ruthless company. That said, Epic has also massively
       | overplayed their hand and they shouldn't be surprised that
       | Apple's called the bluff.
        
       | me_me_me wrote:
       | Oh poor epic, I am so saddened by their mistreatment.
       | 
       | Is epic succeeding in their narrative as a poor little mistreated
       | company sticking it to the man?
       | 
       | I care very little about godzilla vs king kong lawyer fights.
        
         | spywaregorilla wrote:
         | little people often cared a lot about godzilla fights because
         | godzilla was protecting them from a giant monster
        
           | me_me_me wrote:
           | In this analogy small people care about the outcome, the fake
           | drama and PR is just none important.
        
             | spywaregorilla wrote:
             | I would be very happy if I could sell ios content and keep
             | 88% (epic) vs. 70% (apple) of my own revenue.
             | 
             | That's a 25% boost in my revenue. That's huge.
        
               | briandear wrote:
               | You already can keep 85%.
        
               | spywaregorilla wrote:
               | Great! Thanks Epic. But that's not enough. I want actual
               | market competition.
        
               | me_me_me wrote:
               | That is what i am saying, outcome and not the process.
               | 
               | following epic vs apple fight - the whole play and dance,
               | throwing mud etc etc. Its not worth your time, you cannot
               | affect the outcome. Just ignore it all and learn about
               | the outcome in the end.
        
               | spywaregorilla wrote:
               | And yet, here we are, you and me. Posting about it.
        
               | me_me_me wrote:
               | Technically we are clearing up my original unclear
               | statement
        
       | tpmx wrote:
       | As an aside:
       | 
       | Gruber/Daring Fireball seems to be getting less and less popular:
       | https://trends.google.com/trends/explore?date=all&q=%22darin...
        
         | sidibe wrote:
         | Hasn't crossed my newsfeeds in a long time. He is the original
         | professional fanboy, Tesla has a whole bunch of people
         | clamoring to be the Gruber of Tesla.
        
         | [deleted]
        
         | danpalmer wrote:
         | Meanwhile the number of TV appearances he does and the amount
         | he sells advertising on his site for have both gone up
         | significantly.
         | 
         | I think he's doing fine.
        
         | dubcanada wrote:
         | I'm not sure going from an average of 25 searches to 5 really
         | matters lol. Nobody really searches for him, they just read
         | articles by him linked from somewhere else. Anyone who knows
         | him is probably technical and just goes directly to his site.
        
           | pluc wrote:
           | Don't ever let marketers tell you facts
        
         | yoz-y wrote:
         | Note also that he publishes all articles in full on RSS. There
         | is not much need to search for it.
        
         | magoon wrote:
         | Is it possible this graph also reflects that his readers are
         | more likely to employ Safari's tracker-blocking?
        
       | jasode wrote:
       | It's interesting to compare the situation Epic got itself into
       | with previous episodes of Facebook & Google breaking Apple's
       | rules.
       | 
       | When Facebook and Google misused Developer Enterprise
       | certificates to go beyond internal testing and _distribute apps
       | to end-consumers_ , Apple revoked their accounts. Both Facebook &
       | Google simply admitted they screwed up and Apple reinstated their
       | accounts.[1] No lawsuits.
       | 
       | Epic broke Apple's in-app-purchase rules and now Epic promises
       | they will comply but Epic didn't get their dev account reinstated
       | yet. Big difference is that Epic rolled the dice by filing a
       | lawsuit about Apple's unfair rules and because they thought there
       | was enough anti-Apple sentiment that they'd get a sympathetic
       | judgement in their favor. Their gamble didn't work and in the
       | process, Tim Sweeny's defiant attitude just made Apple dig in
       | their heels even further.
       | 
       | I'm reminded of that quote, _" you come at the King, you best not
       | miss."_
       | 
       | EDIT reply to some comments saying Epic didn't make a "promise"
       | to comply with Apple's rules:
       | 
       |  _> Did i miss something where they actually said that? _
       | 
       | In this thread's Fireball blogpost is a link to Tim Sweeney's
       | tweet of an email screenshot to Apple's Phil Schiller stating his
       | "promise":
       | 
       |  _> Sep 16, 2021 at 5:01 PM; Subject: Fortnite and the App Store;
       | To: Phil Schiller_
       | 
       |  _> [..] Epic promises that it will adhere to Apple's guidelines
       | whenever and wherever we release products on Apple
       | platforms.[...]_
       | 
       | [1]
       | https://www.google.com/search?q=apple+reinstates+google+face...
        
         | chrisfinazzo wrote:
         | Not to put too fine a point on it, but for all practical
         | purposes Apple can't boot Facebook or Google from the App
         | Store, regardless of what they do.
         | 
         | Tim Cook's head would end up on the chopping block if several
         | billion users suddently left iOS because FB, Instagram and the
         | rest weren't available.
         | 
         | With Google, the userbase is potentially even bigger and some
         | of what they do really is fundamental to most people's
         | experience of the web. Users would certainly revolt.
         | 
         | The same _might_ be true of Fortnite, but despite the fact that
         | we now know most App Store revenue comes from games, Epic is
         | still one of many, regardless of how popular their titles are.
        
           | cptskippy wrote:
           | > The same might be true of Fortnite
           | 
           | It would seem that Fortnite's demographic is preteen kids.
           | Are they playing Fortnite on their parent's device or one
           | they own? If it's the later then Apple could be fostering a
           | lifelong mistrust or dislike for their platform. If it's the
           | former then Parents might just install another App for them
           | and that's the end of Fortnite.
           | 
           | I guess it comes down to how many people are willing to jump
           | ship for Fortnite. I have a feeling Apple probably already
           | knows the answer since Fortnite hasn't been in the App store
           | for some time.
        
             | withinboredom wrote:
             | I think many of them (including me) were waiting for this
             | to play out. I can remember walking into a cell phone store
             | years and years ago to look around. I remember overhearing
             | this:
             | 
             | Kid: I really like this phone.
             | 
             | Dad: That's a Windows Phone, you don't want that. It
             | doesn't have that many apps. You want an Android because
             | you get all the apps out there.
             | 
             | I can see a similar argument for Android vs. Apple now.
             | "Get Android, you'll get all the apps. With Apple, you only
             | get Apple approved apps, which includes malware, but not
             | that game you like to play, what's it called? Fortnight?"
        
               | [deleted]
        
           | vxNsr wrote:
           | Additionally epic wants to stop paying apple, so essentially
           | it's 0 lost revenue either way.
        
           | cjpearson wrote:
           | I believe in the Facebook dispute Apple only disabled their
           | Enterprise account because that's the one they were abusing.
           | 
           | Losing the Enterprise account wouldn't prevent Facebook from
           | pushing their apps on to the store, but they would not longer
           | be able to distribute internal apps outside the App store.
        
         | edoceo wrote:
         | That quote is by Omar Little in the TV show The Wire. That show
         | was amazing. The actor (Michael?) recently died :(
        
           | arbitrage wrote:
           | His name was Michael Kenneth Williams, and he was in many
           | shows.
           | 
           | Boardwalk Empire
           | 
           | The Wire
           | 
           | Community
           | 
           | Trapped in the Closet
           | 
           | The Spoils Before Dying
           | 
           | Hap and Leonard
           | 
           | When We Rise
           | 
           | When They See Us
           | 
           | Lovecraft Country
        
         | MisterBastahrd wrote:
         | The scenarios couldn't be more different.
         | 
         | To Facebook and Google, you are the product. They are trying to
         | get at your data to sell to third parties.
         | 
         | To Epic, Fortnite is the product. They are trying to sell
         | things to their users via their app.
        
         | Aerroon wrote:
         | I don't think that quote is quite as apt though. Epic seems to
         | be in far less trouble than Apple. Epic might not have gained
         | what they wanted, but a lot of it is a giant like of evidence
         | about Apple for other countries and cases.
        
           | MomoXenosaga wrote:
           | Epic is playing the long game. The price Apple is asking is
           | just not acceptable and they have the money to fight it.
        
           | taneq wrote:
           | "If you can make god bleed, people would case to believe in
           | him, there will be blood in the water, and the sharks will
           | come."
        
           | dubcanada wrote:
           | How is the most wealthy company in the world in trouble? Epic
           | made 5 billion last year most from a game that can easily be
           | replaced and will eventually (they all eventually get
           | replaced), Apple has 200 billion in cash just sitting there
           | and makes 60 billion a year on average. They are not even
           | close.
        
             | Jensson wrote:
             | This lawsuit will cost Apple way more than Epic. It might
             | not hurt Apple that much as a percentage, but in absolute
             | terms it will hurt them plenty. There is a reason they
             | fight this so fervently.
        
               | MikeDelta wrote:
               | Indeed, the future of their business model is at stake.
               | If Epic succeeds and many more try to circumvent paying
               | 30% to Apple, then they will feel it.
        
               | danaris wrote:
               | Apple's business model does not depend on the App Store's
               | 30% cut. Not by a long shot.
        
               | stevehawk wrote:
               | Apple's 30% cut is a cash printing press for them. Sure
               | they have other business models like completely
               | disposable, non-repairable, non-recyclable electronics,
               | but the iTunes and App stores are significant profit
               | centers.
        
               | _jal wrote:
               | The "Services" category is 21% of their revenue.
               | 
               | The "Completely disposable, non-repairable, non-
               | recyclable electronics" category is the rest.
               | 
               | https://www.statista.com/statistics/382260/segments-
               | share-re...
        
               | foobarian wrote:
               | Revenue != profit
        
               | _jal wrote:
               | Sure. And we don't know everything.
               | 
               | Iphones (about 50% of Apple's revenue) have a profit
               | margin estimated around 40%.
               | 
               | https://www.zdnet.com/article/iphone-xs-max-how-much-
               | profit-...
               | 
               | But hey, maybe the cable business sells things at a loss.
               | We don't know.
        
               | xwdv wrote:
               | No, people _wish_ it will hurt Apple way more, but it
               | won't. It won't even make a dent in their universe.
        
               | [deleted]
        
               | Razengan wrote:
               | Not people. Not users. Just the greedy companies and
               | developers who wish that they could prey upon a billion
               | users and fleece them with impunity without Apple getting
               | in the way.
               | 
               | And they will do their darnedest to conceal their true
               | motives. "BUT WE CARE!" they will howl, while salivating
               | with fork and knife in grubby hands.
        
               | ryanlol wrote:
               | Why? Apple hasn't lost their 30%, and there's no
               | indication that they will.
        
               | dnautics wrote:
               | IIRC, they have, in south korea. (that would be a
               | refutation of both points)
        
               | mbreese wrote:
               | We won't know how the new law in South Korea will play
               | out in practice yet and we won't for a few months (it's
               | too recent). It will probably be at least a year before
               | we know how it *really* will affect the commissions a
               | company like Apple makes from the App Store.
        
               | kllrnohj wrote:
               | Apple lost their exclusivity on in-app-payments:
               | 
               | > Rogers issued an injunction that said Apple will no
               | longer be allowed to prohibit developers from providing
               | links or other communications that direct users away from
               | Apple in-app purchasing.
               | 
               | https://www.cnbc.com/2021/09/10/epic-games-v-apple-judge-
               | rea...
               | 
               | So Apple didn't "lose" their 30% exactly, but everyone is
               | now free to do what Fortnite originally did and that's
               | link to their own site for users to buy in-app currency
               | instead. It's likely all but certain that every game with
               | IAP will be deploying this over the next few months.
        
               | ryanlol wrote:
               | Irrelevant, the judgement says apple can still take 30%
               | even if you do that.
        
               | bcrosby95 wrote:
               | My understanding is Apple is also free to take their cut
               | from that though. It's just harder for them to enforce.
               | 
               | This may be one of those things the little guy gets away
               | with, but Epic can't.
        
         | simonh wrote:
         | Epic is very clearly and definitely not agreeing to follow the
         | App Store rules. They are appealing the judgement precisely
         | because they do not agree with the App Store rules. Trying to
         | overturn them is not agreeing to them.
         | 
         | Epic are agreeing to comply with the court order, for now, but
         | they are not agreeing to the rules. This is not semantics,
         | Apple's offer was that if Epic dropped he suit, they would be
         | let back in. Epic knows this perfectly well.
        
           | gpm wrote:
           | They are very clearly agreeing to follow the app store rules.
           | 
           | They're also trying to force them to change, but they are
           | very clearly agreeing to follow whatever the rules are at all
           | times.
           | 
           | The rules do not include "you cannot sue us" or "you cannot
           | appeal decisions". If apple tried to put those in the rules,
           | the court would quickly remove them from the rules, but also
           | Apple did not, and almost certainly will not even attempt to
           | put them in the rules.
        
             | [deleted]
        
             | simonh wrote:
             | It's been perfectly clear all along, to anyone closely
             | following the case and Apples deposition and legal
             | statements exactly what Apples position was. Their
             | conditions for letting Fortnite back in was Epic agreeing
             | to drop the case and follow the rules. This has never
             | changed.
        
         | Terretta wrote:
         | > _EDIT reply to some comments saying Epic didn 't make a
         | "promise" to comply with Apple's rules..._
         | 
         | There is no such promise.
         | 
         | There's a pile of "if" Apple ignores the rulings and does what
         | Epic wanted in the first place, including rewriting the
         | rules(!), then Epic will comply with the rules rewritten Epic's
         | way:
         | 
         |  _"Whether Epic chooses to bring Fortnite back to iOS consumers
         | depends on whether and where Apple updates its guidelines to
         | provide for a level playing field between Apple In-App Purchase
         | and other methods of payment."_
        
           | comex wrote:
           | Read the letter again. Epic is saying that Apple changes the
           | rules, it will resubmit Fortnite for iOS; if not, it will
           | only resubmit Fortnite for Mac and use the account to
           | internally test Fortnite for iOS; either way, it will follow
           | the rules for what it does submit.
        
         | criddell wrote:
         | > Epic promises they will comply
         | 
         | They also made that promise when they opened their developer
         | account. Do you think they really mean it this time?
        
           | spzb wrote:
           | It's a pinky promise this time. No backsies.
        
         | passivate wrote:
         | >Big difference is that Epic rolled the dice by filing a
         | lawsuit about Apple's unfair rules and because they thought
         | there was enough anti-Apple sentiment that they'd get a
         | sympathetic judgement in their favor.
         | 
         | I think they're doing a great service (at their cost) to raise
         | the issue time and time again. After Apple, I think Steam and
         | other platforms are next. Pretty much _all_ developers who make
         | money on the app store agree with Epic on the fact that Apple
         | should not engage in a 30% money-grab.
        
         | OmarComin wrote:
         | > you come at the King, you best not miss
         | 
         | " _it 's all in the game [App Store ecosystem's contractual
         | specifications] yo_"
        
         | ribit wrote:
         | Epic didn't promise that they will comply. Actually, Epic made
         | it very clear that they do not want to comply. You can't say
         | ,,sure I'm ok with it" while simultaneously filing an legal
         | appeal on a court verdict forcing you to comply.
        
           | nulbyte wrote:
           | > You can't say ,,sure I'm ok with it" while simultaneously
           | filing an legal appeal
           | 
           | They didn't say that. They said they will comply, not that
           | they should comply. Complying doesn't preclude continuing a
           | lawsuit because they believe they should not have to comply.
        
         | madeofpalk wrote:
         | > Epic promises they will comply
         | 
         | Did i miss something where they actually said that? My
         | understanding is that in the past Sweeney's statements have
         | consistently said they will not exclusively offer Apple's IAP
         | which indicates they promise to _not_ comply with the rules.
        
           | jasode wrote:
           | _> >> Epic promises they will comply_
           | 
           |  _> Did i miss something where they actually said that? _
           | 
           | In this thread's Fireball blogpost is a link to Tim Sweeney's
           | tweet of an email screenshot to Apple's Phil Schiller stating
           | his "promise":
           | 
           |  _> Sep 16, 2021 at 5:01 PM; Subject: Fortnite and the App
           | Store; To: Phil Schiller_
           | 
           |  _> [..] Epic promises that it will adhere to Apple's
           | guidelines whenever and wherever we release products on Apple
           | platforms.[...]_
        
             | abduhl wrote:
             | Tim Sweeney and Epic planned and executed an entire
             | campaign (hilariously even given a secret code name as if
             | Epic was either some super hero or villain) that was
             | predicated on knowingly breaching a contract (read: a
             | promise). Then they sued. Then they lost. Now they have a
             | new promise?
             | 
             | Their promises are worth less than dogshit. Apple
             | apparently isn't in the market for dogshit.
        
         | gameswithgo wrote:
         | Tim is in the fight for idealogical reasons, not calculated
         | business ones.
        
           | smachiz wrote:
           | No he isn't. If he was, he'd go after Xbox and PS stores as
           | well which also take 30%.
           | 
           | But they make up like 70% of the revenue for Fortnite, so
           | they haven't picked that fight.
           | 
           | They went after the bottom 20% of their revenue. That is
           | exactly a calculated business fight.
        
           | PedroBatista wrote:
           | And thank "God" for people like him[1]. Life is unbearable
           | under Tim Cook's "vision", the greed, arrogance and pettiness
           | is at an all-time high, and it's not like it was low before..
           | 
           | [1] Also, nothing is black and white, of course Tim/Epic were
           | looking to get more money from what their customers paid.
        
             | rawbot wrote:
             | This isn't Tim Cook's vision. The closed nature of the App
             | Store is Steve Jobs' legacy. Cook just refuses to kill the
             | Golden Goose.
             | 
             | I'm not a fan of Epic, but I hope Apple loses and we get
             | some sort of alternate way to load applications on iOS
             | devices.
        
               | OrvalWintermute wrote:
               | I actually think this is not the golden goose.
               | 
               | 30% is enough to ensure that competitors arise,
               | competitors outcompete them on everything _plus_ price.
               | 
               | If Appstore pricing was a neglible amount it would
               | significantly impact the interest of competitors to enter
               | the market.
               | 
               | Obligatory Marvel Reference
               | 
               | https://youtu.be/Bj6yMYaQPrw?t=75
        
             | prions wrote:
             | Because life under Epics vision of undercutting and
             | delaying releases to Steam is so much more egalitarian and
             | noble
             | 
             | People are rooting for Sweeney due to his alpha nerd rage
             | righteous more than how "good"Epic is to their customers
        
               | wutbrodo wrote:
               | I dokt fully understand the dynamics here, but are those
               | complaints independent of the issue being fought out
               | between Apple and Epic? Ie, couldn't Epic still be
               | engaging in "undercutting and delaying releases" whether
               | or not they're paying 30% to Apple, or is that behavior
               | somehow tangled up in this issue?
               | 
               | If it's not, then I don't see the contradiction here.
               | Leaving aside people who make issues like this part of
               | their identity, you can root for Epic in this specific
               | case without deciding that you love Epic, with the focus
               | on the impact of _this case_ on the industry. Just as you
               | can root for Google in Google v Oracle without becoming a
               | superfan of Google's.
        
             | p2t2p wrote:
             | My life under Tim Cook's "vision" is pretty sweet when it
             | comes to electronic devices.
             | 
             | With a tap of a button I fill my house with lossless
             | quality of music that is playing on astonishingly capable
             | speakers. Those speakers also answer my questions and run
             | automations on my phone which I can create in a very nice
             | and user-friendly interface.
             | 
             | I'm currently watching an episode of a TV Series that is
             | playing from my NAS on my mac through the only player on my
             | Mac (I tried mpv, IINA and VLC) that is capable of playing
             | 8k MKVs without hiccups - Infuse. That player is a port
             | from an iPad app btw.
             | 
             | When I finished with my work I say "Hey, Siri, I'm done"
             | and leave the room. Monitor's lightbar, other lights turns
             | off. When it is getting dark my chosen lights turn on
             | automatically, provided somebody's home. My printer doesn't
             | consume electricity in the night because HomeKit
             | automatically turns it off in the evening and turns it on
             | in the morning. I don't need to worry about my daughter
             | putting her fingers into shredder because it is always
             | turned off. When I need it, I say "Hey Siri, turn on
             | shredder". The shredder turns on and it then automatically
             | turns off after 90 seconds.
             | 
             | When I get in my car I have a very nice screen on the
             | dashboard that most of the time is capable of guessing
             | where I'm about to go and suggests one-tap navigation. And
             | the music starts playing from where I left off.
             | 
             | My photos are downloaded on several devices and backed up
             | in the cloud. The albums are shared with my Mom who is very
             | happy every time when I upload new photos of here
             | granddaughter.
             | 
             | My private drm-free music collection is also uploaded to
             | the cloud and synchronised to every device I've got.
             | 
             | I can say "Hey Siri, facetime Mom" and I'll see my mother's
             | face over the distance of 17000km in a magnificent quality.
             | 
             | My books are synchronised and downloaded across all my
             | devices as well and whenever I feel like reading one, it's
             | right here. None of those books were bought from Apple btw,
             | they are DRM-free.
             | 
             | The other day I was wondering if I should buy an iMac for
             | my wife - would it fit in the kitchen or not? Well, there's
             | AR technology on my phone that had no troubles presenting
             | me how it would sit on the counter. Now there's also an AR
             | app that helps me manage my arachnophobia.
             | 
             | I am an immigrant. In the past 5 years I had to do so many
             | paperwork that it could fill a little closet. Luckily,
             | compared to my peers I didn't have to print all of those
             | PDFs out. I was able to sign them from my MacBook in
             | Preview and using markup feature on my iPad.
             | 
             | I am also a software developer. I value and appreciate Unix
             | core utils. Turns out my Mac is a certified Unix and I am
             | able to automate a lot of things in my day-to-day job using
             | small Unix tools that are imprinted into my fingers. All
             | that while looking at _magnificent_ 4k monitor that
             | delivers 100% of Adobe's gamut and doesn't make my eyes
             | with weird font issues.
             | 
             | I love travelling into Australian Outback with my wife and
             | we take some magnificent photos there with our iPhones
             | without having to carry a lot of heavy equipment. We then
             | are able to send this photos to each other whilst being
             | completely off-the-grid, some hundreds of KM from nearest
             | cell tower using AirDrop. It takes milliseconds. On the
             | long drives my daughter can pick up here iPad and just
             | watch some cartoons. iPad connects to the internet using my
             | iPhone automatically when there's reception and Infuse has
             | stuff that it downloaded form my Emby installation when
             | there's none.
             | 
             | My podcasts are downloaded automatically without my
             | intervention and put onto my watch. When I go for my walks
             | I don't have to carry my phone. My watch and headphones
             | suffice.
             | 
             | When I browse the web using my phone or my mac I don't see
             | any advertisements and popups and auto-playing videos.
             | Safari on my phone and mac is capable of having extensions
             | and has APIs for adblocking applications. 1Blocker takes a
             | good care of me when it comes to ads.
             | 
             | My phone provides me with tools to take care of my digital
             | well-being. It lets me know which applications I used the
             | most and when and lets me to block those applications for
             | certain periods of time if I find an unhealthy habit.
             | 
             | I write my notes on my iPad. I don't need to cut trees
             | anymore and it is more comfortable. With Notability I can
             | zoom and cut my handwritten nodes and move them around and
             | do all sorts of stuff I can't with regular pen and paper.
             | 
             | I recently bought an iPad for my Mom and added her into my
             | Apple One subscription. Now she's in Russia and I'm in
             | Australia and she is able to listen to her beloved old
             | soviet decedent music virtually for free without needing to
             | download it anywhere. I am calm and confident that she's
             | safe using this device and probably of her getting scammed
             | is quite a bit lower compare to any other device.
             | 
             | I'm looking forward to what other quality of life
             | improvements Tim Cook's vision will bring to my life. I
             | feel privileged that I have access to this magnificent
             | technology and thankful for that.
        
               | LanceH wrote:
               | And yet, you're only allowed to install what they
               | authorize. It's a nice cell.
        
               | Razengan wrote:
               | There's nothing I want to install on an iPhone or iPad
               | that's not on the App Store.
        
               | howinteresting wrote:
               | Torrent remotes? Utilities that sync with other OSes like
               | KDE Connect? A real browser with real uBlock Origin?
        
               | wayneftw wrote:
               | That's just a lack of imagination.
               | 
               | Apple's app store grip prevents whole industries from
               | taking shape.
        
               | p2t2p wrote:
               | If I pick up my Motorola I'll see that I can't even have
               | an adblock for the default browser. And yet very soon my
               | iPhone will receive an update that adds generic
               | extensions support into safari. There's an extension that
               | automatically changes amp links to real pages for
               | example.
               | 
               | Android is open as it gets and yet somehow the diversity
               | of software there is lacking. Try finding decent email
               | client that is not Gmail and doesn't suck your data into
               | cloud. iPhone has got multiple and one is OOB.
        
               | wayneftw wrote:
               | Nobody scales an app business just on Android. When you
               | have to target both, you'll follow Apples rules.
               | 
               | Where are my PWA notifications on iPhone? Where is my
               | replacement app launcher? Where are my programming apps?
               | Where are my porn apps?
        
               | p2t2p wrote:
               | So you claim that it is lack of imagination that I don't
               | want to install porn apps and receive notification spam
               | from every website on the internet?
               | 
               | Also I don't see how can innovation be equated with
               | support of PWA notifications and porn apps and launchers?
        
               | wayneftw wrote:
               | Yeah, because we're only talking about what you want not
               | the general you.
        
               | p2t2p wrote:
               | I echo this. I had youtube-dl running on my previous
               | iPhone in pythonista.
               | 
               | I had a shortcut that would download list of YouTube
               | videos from a file for offline viewing using that
        
               | [deleted]
        
               | asddubs wrote:
               | what a longwinded way to miss the point
        
               | nixgeek wrote:
               | I suggest you consult the HN Guidelines.
               | 
               | > _Be kind. Don 't be snarky. Have curious conversation;
               | don't cross-examine. Please don't fulminate. Please don't
               | sneer, including at the rest of the community._
               | 
               | > _Comments should get more thoughtful and substantive,
               | not less, as a topic gets more divisive._
        
               | eloisant wrote:
               | My experience is not very different from yours but I do
               | that using multiple vendors, without being tied to a
               | single one.
        
               | p2t2p wrote:
               | I did consider this. Having a single vendor is a risk
               | factor. In my case it is mitigated by the fact that
               | everything that is in their cloud is downloaded locally.
               | Then it is backed up using time machine to my Synology
               | and additionally syncthing also duplicates it there as
               | simple files with history enabled. I believe our
               | mitigated most of the risks. If I pull the router plug
               | I'll still have access to my data. If my house burns down
               | - I can download it from their cloud again.
        
               | orliesaurus wrote:
               | That's an epic summary of someone who totally bought into
               | the Apple ecosystem. Not here to judge, of course, I am
               | impressed! Wow!
        
               | p2t2p wrote:
               | Thank you for not judging. In April this year one Sunday
               | evening I realised that I've just spent about 40 hours
               | over that weekend tinkering with my mutt and notmuch
               | configuration instead of practicing smoking that beef
               | roast as I wanted for some time
               | 
               | Monday morning I did several things:
               | 
               | - ordered mac mini M1 to replace my ThinkPad with Arch
               | 
               | - ordered iPhone to replace my rooted Motorola 5g Plus
               | 
               | - filed a ticket at work to switch myself from company
               | issued precision 5540 with Arch to company issued 16 inch
               | MacBook
               | 
               | - promised myself to never go that way again
               | 
               | I still am experiencing cravings sometimes. I saw someone
               | made a Wayland port of dwm and immediately wanted to try
               | it. Took a bit effort to distract myself from that and
               | read a book instead.
               | 
               | I am a recovering addict and Keyboard Maestro is my
               | replacement therapy
        
           | flohofwoe wrote:
           | Would that be Apple's Tim or Epic's Tim? ;)
        
           | ribit wrote:
           | Yes, if by ideological reasons you mean ,,moneyz".
        
             | gameswithgo wrote:
             | It is easy to be cynical because cynical is usually correct
             | but that really isn't Sweeny's motivation here.
        
               | odshoifsdhfs wrote:
               | https://9to5mac.com/2020/08/21/epic-games-asked-for-
               | special-...
               | 
               | I really don't understand how people still think it is
               | Sweeny's ideology playing here, when he literally emailed
               | Apple for an exception for Epic alone.
        
           | ncr100 wrote:
           | Him being rich and powerful lord of the Metaverse idealogy,
           | IMO.
        
         | vimy wrote:
         | I don't think Epic intended to win the lawsuit. It's part of a
         | broader strategy to force lawmakers to change app store rules.
        
           | OrvalWintermute wrote:
           | I think you are correct.
           | 
           | Epic has already moved the Overton Window, as 30% is now
           | being considered unfair by more and more people.
           | 
           | These people will then reach out to their representatives for
           | change. Apple will attempt to fight the tide, but it is too
           | late.
           | 
           | Really, Apple is just a monopoly, an illegally bundled system
           | (both with macs and iphones) intending to control the market.
           | 
           | There is no reason why Apple should control the lion's share
           | of profits around mobile apps.
        
           | golemotron wrote:
           | The company that buys the remains of Epic can carry on with
           | the lawsuit, I guess.
        
             | sprafa wrote:
             | The remains?? You clearly don't realise how successful epic
             | is
        
               | Razengan wrote:
               | The other commenters here clearly don't realize how
               | successful Apple is, or how much more loyal their fans
               | are.
        
               | Jensson wrote:
               | The difference is that nobody said Apple was done for as
               | a company due to this lawsuit. Both Apple and Epic will
               | lose money due to it, but both makes most of their money
               | elsewhere so they can fight to their heart's content.
        
             | Jensson wrote:
             | Epic isn't going anywhere, the appstore wasn't a very
             | significant part of their income. They wouldn't have picked
             | this fight if they couldn't afford it.
        
               | bigbizisverywyz wrote:
               | >the appstore wasn't a very significant part of their
               | income.
               | 
               | So why did they even pick the fight?
        
               | doikor wrote:
               | To make more money. More is more even if it is not making
               | their most important thing make more money.
               | 
               | Just like Apple has not killed most of their desktop
               | offering just because they are not a very significant
               | part of their income.
               | 
               | Also a big chunk of it is probably just Tim Sweeneys
               | personal opinions (he owns over 50% epic by himself so
               | what he says happens pretty much). Basically he is rather
               | strongly (and very openly) against any walled garden
               | platforms.
        
               | throwaway473825 wrote:
               | > Basically he is rather strongly (and very openly)
               | against any walled garden platforms.
               | 
               | Is that why he doesn't support the only real open
               | platform on the desktop?
        
               | doikor wrote:
               | From his perspective Windows and Linux are equally open
               | in that he can have his own marketplace in each.
        
               | bryanrasmussen wrote:
               | because if they won the fight it could have become a
               | significant source of income?
        
               | vimy wrote:
               | This is about the future of the metaverse.
               | 
               | Longread: https://medium.com/gamemakers/the-economy-of-
               | the-metaverse-i...
        
       | rhacker wrote:
       | Next epic lawsuit: Apple must have a justified reason for banning
       | a game / account that is outlined in their TOS. And the exact
       | specific reason must be given in writing so it can be clearly
       | addressed.
       | 
       | I mean think about it. It's not just about a feud, the games are
       | literally barred on all computers of a specific type (iOS
       | computers). That's like 1/5 (probably more) of the computing
       | screen that is looked at daily by all people. I mean at a certain
       | point banning that is like banning eating. People gotta eat.
       | Doesn't anyone else think it's weird that one organization can
       | ban software from being on 1/5 of all computers in the world?
       | 
       | Computing got a lot weirder than it was when I was a kid.
        
         | valparaiso wrote:
         | > Next epic lawsuit: Apple must have a justified reason for
         | banning a game / account that is outlined in their TOS.
         | 
         | Do you have a dementia? Court clearly ruled Apple is not
         | obligated to reinstate Fortnite/Epic in Apple Store because
         | they breached the contract and court can't force one business
         | to work with another. It's not communist Russia.
        
         | [deleted]
        
         | darkwizard42 wrote:
         | 20% of computers that you can CHOOSE to use. I think the main
         | part of the lawsuit is that Apple is not the only choice that
         | is available (readily, easily, affordably) to consumers.
         | 
         | Subway has the most franchise stores in the USA; that doesn't
         | mean they HAVE to serve you. You can get a sandwich at a number
         | of other places and more abstractly, you can get food at a
         | number of other places. They don't need to give you a reason
         | why they won't let you in, though politely they might (i.e.
         | please wear shoes in the store)
        
       | mattcantstop wrote:
       | I understand Apple's decision to do this. They want to stick it
       | to Epic. Completely understandable desire on Apple's part. But,
       | sadly, Apple is letting their desire to get vengeance outweigh
       | the interests of their users in having all the games they want to
       | play on their devices.
       | 
       | I have been realizing lately that my loyalty to Apple has been
       | waning over the years after having invested heavily in the
       | ecosystem. This is another representation to me of how Apple's
       | ecosystem is something you have no control over, and you are at
       | the whim of Apple's legal team in situations like that to be able
       | to play the games you want to play on your devices.
       | 
       | Apple remembered their corporate games they were playing and
       | forgot who their real customer and focus should be: the end
       | users. This decision doesn't benefit their end users in any
       | meaningful way. It hurts end users to score points in their feud
       | with Epic.
        
         | collsni wrote:
         | That's Apple's whole model. Glad you figured it out
        
         | dragonwriter wrote:
         | > Apple is letting their desire to get vengeance outweigh the
         | interests of their users in having all the games they want to
         | play on their devices.
         | 
         | Post-NeXT (or at least post-iPod) Apple has _always_ been about
         | total control of user experience, not letting users do all of
         | < _whatever category of activity_ > that they want.
         | 
         | I don't think that vengeance is necessary to explain this.
        
         | abbub wrote:
         | Meh. In the grand scheme of things, Apple doesn't even make the
         | top ten list of shady businesses this modern lifestyle forces
         | me to engage with. :/
        
           | kbenson wrote:
           | Is that a good reason to give them a pass? By that reasoning,
           | you probably shouldn't mind if you're out eating and someone
           | walks up to you and just takes your plate of food for
           | themselves. Honestly, it's probably not in the top ten of
           | problems you deal with in a month or week.
        
         | tyingq wrote:
         | I think Apple is also risking what this all looks like to
         | lawmakers. Lawmakers who currently seem to be in a frenzy
         | around anti-trust and/or anti-competitive behavior.
        
         | syshum wrote:
         | Where you are wrong is believing Apple considers its users
         | customers...
         | 
         | They do not, this clear by the way they handle the ecosystem.
         | See a customer buys something from a company, after which they
         | own it
         | 
         | Apple on the other hand does not have customers, they can not
         | because they do not sell anything, dont be fooled by the high
         | prices, and verbiage that indicates you are "buying" something,
         | marketing that in a sane and just society would be considered
         | illegal as deceptive
         | 
         | No no, you simply rent the device from apple for a period of
         | time determined by apple, and are given permission to use the
         | device in ways only the owner (Apple) approves.
        
         | itwy wrote:
         | Exactly this. I bought iPad Pro to play Fortnite with my
         | nephew, and in less than a month it was removed. Epic broke the
         | agreement, fine remove them from the App Store, but there's no
         | reason to not being able to install the game from an external
         | source except for Apple's greed. I, for one, not going to
         | purchase anything from Apple anymore. I spent over 20k on Apple
         | devices in the last 8 years or so.
        
           | JiNCMG wrote:
           | a month in? You could have gotten a full refund still use
           | that money to buy a couple of Nintendo Switches (better
           | mobile experience).
        
         | tenaciousDaniel wrote:
         | Yep. The time is really good for a new entry in the OS
         | landscape. I'd jump ship pretty easily to anything that isn't
         | windows.
        
           | melony wrote:
           | The issue is vertical hardware integration. None of the
           | current mainstream phone brands are good at both.
        
         | kllrnohj wrote:
         | > But, sadly, Apple is letting their desire to get vengeance
         | outweigh the interests of their users
         | 
         | Of course they are, that's Apple's standard business
         | relationship practice. See also why Mac's still don't have an
         | Nvidia GPU option, because Apple & Nvidia got in some spat a
         | decade ago and Apple has been holding a grudge ever since.
         | 
         | The more Apple brings stuff in-house the less this matters to
         | the bottom line, but it shouldn't be surprising. Unless not
         | having Fortnite begins to seriously impact iPhone & iPad sales,
         | Apple isn't going to care regardless of whether or not it's
         | hurting their customers.
        
           | geon wrote:
           | Apple wouldn't have gpu options regardless. It's not how they
           | market products.
        
           | mzkply wrote:
           | I mean, for a company eagerly (and correctly) removing the
           | headphone jack for phones, it's the least surprising thing to
           | remove GPU options. All that's left is RAM and HDD.
        
             | moomin wrote:
             | They're also removing it from iPads, which is a nightmare
             | for anyone with small children.
        
               | lancesells wrote:
               | This is definitely inferior to a headphone jack but it
               | works:
               | https://www.apple.com/shop/product/MMX62AM/A/lightning-
               | to-35...
        
               | rscoots wrote:
               | Ahh nice, a planned obsolescence piece of junk that
               | prohibits any other connection to the device while using
               | it.
        
               | bangonkeyboard wrote:
               | I briefly tried to use that. The Lightning port is
               | centered in the case, so it's impossible to use the
               | device in landscape without your hand knocking the
               | connector loose. No, it doesn't work.
        
           | michaelbrave wrote:
           | The main reason flash was killed by Apple was also spite
           | toward Adobe, they made valid excuses sure, but spite was the
           | driving force
        
             | Gorbzel wrote:
             | > The main reason flash was killed by Apple was also spite
             | toward Adobe
             | 
             | Prior to and subsequent to Flash (a Macromedia product,
             | fwiw) Apple & Adobe have had extensive relationships and
             | interaction that are in no way indicative of spite.
             | 
             | The main reason Flash died is because performance & power
             | consumption on mobile never got past garbage, despite the
             | platform wars going borderline nuclear on the topic.
             | 
             | > they made valid excuses sure,
             | 
             | Perhaps it's my becoming an ol' fogey, but it's crazy to
             | see the Apple haters of yesteryear also move toward
             | historical revisionism.
             | 
             | While the best approach is to just ignore such FUD like
             | "valid excuses, sure", it's also important the record not
             | be owned by zealots and those who preach spite.
        
             | virgilp wrote:
             | Flash was absolutely NOT killed by Apple. Adobe killed
             | Flash, and it was unrelated to Steve Job's letter.
             | 
             | Source: me. Was working at Adobe at the time, probably at
             | the thing that actually led to the demise of Flash (not
             | that it was my intention in any way to contribute to the
             | death of Flash, the decision to kill it was a surprise to
             | me as much as it was to anybody else).
        
               | indolering wrote:
               | ([?]_[?]) ... please elaborate!
        
               | virgilp wrote:
               | I didn't leave _that_ long ago, and don't want to look up
               | my contract/NDA to see when it expires, so I don't want
               | to go into too much detail.
               | 
               | Flash cost Adobe a lot to develop (it was a big team). At
               | some point, I speculate[+] that Adobe simply decided they
               | no longer need the runtime, since the browsers have/will
               | soon have all the capabilities that they need, natively.
               | So why waste the money?
               | 
               | [+] I don't know for sure (e.g. I didn't participate
               | directly in the decision); but still, I believe my
               | speculation is much more informed that the typical net
               | user who just noticed the coincidence and wanted to
               | believe the narrative.
        
           | snvzz wrote:
           | NVIDIA is well hated by the industry. They tend to screw
           | their partners. They're also very aggressive with litigation.
           | 
           | I am not surprised Apple hates their guts, too.
        
             | asdfasgasdgasdg wrote:
             | Yes, but we are talking about the interests of users here.
             | The idea that apple would prevent Nvidia GPUs from being
             | used with their machines is further to the point of Apple
             | putting its grudges ahead of the interests of their
             | customers.
        
               | snvzz wrote:
               | I honestly don't see how using NVIDIA would be in the
               | interest of users.
               | 
               | e.g. AMD's GPUs have full documentation, and high quality
               | open source drivers. Same deal with Intel.
               | 
               | NVIDIA, you have to deal with their blob, and tough luck
               | if it doesn't work, especially if NVIDIA has decided not
               | to support your hardware anymore. They do that fairly
               | quickly. In that sense, their GPUs are comparable with
               | PowerVR, and your average shitty android SoC.
        
           | stephenr wrote:
           | s/got in a spat/had years of repeated customer issues because
           | of GPUs shitting the bed/
        
             | passivate wrote:
             | I think it was a system design issue because of lack of
             | proper cooling from the integrator (Apple). Maybe someone
             | can look it up, I'm going off of memory here..
        
               | kllrnohj wrote:
               | Yeah, inadequate cooling caused the BGA to pop free, with
               | the recall "fix" being to just add some rubber to smash
               | it down. iirc Apple tried to blame Nvidia for it and
               | Nvidia didn't take it, blaming instead Apple's design.
               | 
               | Since then Apple has repeatedly had inadequate cooling
               | and power delivery issues, just typically resulting in
               | throttling instead of recalls. Sooo Nvidia was probably
               | accurate and it was Apple's fault. But regardless of
               | whose fault it was, the end result is consumers were
               | stuck with some truly second-tier GPUs for many years
        
               | stephenr wrote:
               | ... what are you talking about? The fix was to replace
               | the mainboard. I know this, because I had it done several
               | times.
        
               | tdeck wrote:
               | Apple has a long history of inadequate cooling,
               | ostensibly because Steve Jobs hated fans. The apple II
               | overheated, the apple III famously overheated (causing
               | the motherboard to warp and chips to pop out), the
               | original macintosh had no fan either. For decades there
               | was a suite of aftermarket fans for Apple computers,
               | although that's less practical with a laptop.
        
               | takeda wrote:
               | > apple III famously overheated
               | 
               | it was so reliable it failed 100% times :)
        
               | busterarm wrote:
               | Apple's slavish obsession with passive cooling, indeed.
               | It doesn't matter how many times it has been proven to be
               | a bad idea, they're still going to use it.
        
               | lostlogin wrote:
               | The M1 Air seems to be a well liked machine.
        
               | busterarm wrote:
               | It's taken them 20 years since the G4 Cube and several
               | other no-fan, overheat-plagued models to figure it out.
               | 
               | Sad for all the customers along the way that suffered
               | through all the failed attempts.
        
               | stephenr wrote:
               | What are you talking about passive cooling? The machines
               | in question were noisy as fuck when they got hot, due to
               | fan noise.
        
               | tharkun__ wrote:
               | I'm not sure it's such a bad idea. You can take it too
               | far of course.
               | 
               | I for one love passive cooling. I select my (no Apple
               | hardware in my house) hardware for silent operation where
               | possible. Started with selecting the right fans and sound
               | proofing my desktop PCs back when and now I'm only buying
               | laptops that do well with the cooling noise. Meaning, if
               | all I do is browsing HN, you better not turn on any fans
               | on me. And when a fan is turned on, it has to be silent
               | and have the right "sound profile". There's just some
               | noise that's very very irritating and the decibels are
               | just one aspect of it.
               | 
               | So if someone does everything they can to do without
               | active cooling, I support that. Now if they can't, put
               | the right kind of fan in there, sure. E.g. on a GPU I'm
               | fine with some cooling noise, but it better only happen
               | when I'm likely not to notice because I'm loudly slaying
               | aliens or something like that.
        
               | rasz wrote:
               | No, this was 100% Nvidia material engineering fail and
               | affected whole industry. Dell, HP, all heavyweights had
               | huge costly recalls. Apple cooling strategy of having
               | internals as close to 100C "to keep the fan noise down"
               | might of contributed to earlier failures, but pretty much
               | _every single_ Nvidia G84/G86 series GPU died in same
               | way.
               | 
               | https://www.consumeraffairs.com/news04/2010/10/nvidia-
               | settle...
        
               | kllrnohj wrote:
               | Apple had more failures than just that series, such as
               | the GT 650M's in the 2012 models:
               | https://www.anandtech.com/show/8994/apple-initiates-
               | video-re...
        
               | JiNCMG wrote:
               | No multiple laptop manufacturers had this same issue.
               | Toshiba and Sony were two of them. Heat was the cause but
               | it was operating within the specs of the GPU
               | manuafacturer. The issue that soured NVidia with these
               | manufacturer was when it came to fixing the issues they
               | told them to go suck it. Example when Seagate had an
               | entire batch of 2.5 drives dying within a year of
               | manufacturing, they worked with Apple and HP to get them
               | replaced and the cost was shared by both.
               | 
               | Also NVidia has issues with their driver development and
               | refuse to let Apple have a say in it.
        
               | passivate wrote:
               | >The issue that soured NVidia with these manufacturer was
               | when it came to fixing the issues they told them to go
               | suck it.
               | 
               | Hmm, I don't think this is accurate. As per their filing
               | with the SEC, NVIDIA pledged $150 million to cover
               | damages.
               | 
               | https://www.sec.gov/Archives/edgar/data/1045810/000119312
               | 508...
        
             | smoldesu wrote:
             | In no way thanks to Apple's insistence on using weak solder
             | and forcing the device to be as thin as possible. I've
             | heard people argue this up and down the street, but I have
             | a hard time believing it when most Windows/Linux devices
             | have no problem managing their thermals in a way that
             | doesn't destroy their hardware.
        
               | stephenr wrote:
               | https://arstechnica.com/gadgets/2008/07/nvidia-denies-
               | rumors...
               | 
               | It affected a bunch of manufacturers.
        
               | rasz wrote:
               | How did Apple "weak solder" affect HP laptops?
               | https://techcrunch.com/2008/07/10/nvidia-tries-to-cover-
               | up-d...
        
         | AltruisticGapHN wrote:
         | It's literally just one game? Fortnite? Which is really a cash
         | cow at this point. Epic couldn't care less about you, or
         | smaller developers. Which is what is most disingenuous on their
         | part, to pretend like they're the "small guy".
        
         | davidw wrote:
         | I tried to explain the details to my son, but he's just
         | disappointed that he can't play a game he liked. He wants to
         | buy a Windows computer and is saving up for it.
         | 
         | Trying to get him interested in writing a bit of code, which to
         | me is more fun in some ways than playing games, without pushing
         | it too hard, and so far no luck.
        
           | ehnto wrote:
           | Have you been framing the coding as a way to make games?
           | Basically the only reason I'm here was because I thought
           | making games would be rad, then I realized programming on
           | it's own is pretty rad, and then eventually adult life showed
           | up and it was a natural step to make it a career.
        
           | ye_olde_gamer wrote:
           | Maybe let him try modding existing games? Steam's community
           | workshop pages are thriving, especially for easily modded
           | titles like Bethesda games.
           | 
           | Back in the day, Warcraft III had a built-in script and level
           | editor and people thrived on making mods and entire new types
           | of games with it (murder mysteries, tower defense, battle
           | royale, DOTA...). It's how I got my start as a coder, modding
           | games that I enjoyed without the boring pressure of "business
           | logic".
           | 
           | I think Fortnite itself has a creative mode with limited
           | logical programming:
           | https://www.firetechcamp.com/course/build-an-escape-room-
           | in-...
           | 
           | Proper modding support is supposed to arrive soon:
           | https://www.pcgamer.com/fortnite-creative-mod-support/
        
             | davidw wrote:
             | Cool! Any other games like that that people can recommend?
             | Bonus points if it's fairly easy to get started.
        
               | ye_olde_gamer wrote:
               | I think there's a slight distinction to be made between
               | "games that have built-in low/no-code content editors"
               | and "games that can be modded via an SDK, but you have to
               | code".
               | 
               | The former are good for any creative kid (or adult!) and
               | don't require you to learn a programming language, just
               | logical thinking (as in logic gates/flows). The latter,
               | depending on tooling, can require everything from simple
               | Lua scripts (a common game modding language) all the way
               | up to learning UnrealEngine or Unity.
               | 
               | Games with built-in content editors:
               | 
               | * Warcraft & Starcraft series (oldies but goodies)
               | 
               | * Fortnite
               | 
               | * Minecraft
               | 
               | * Neverwinter Nights series
               | 
               | * Divinity: Original Sin series
               | 
               | * Age of Empires series
               | 
               | Code-moddable games: Too many to list, see here: https://
               | store.steampowered.com/tags/en/Moddable/#p=0&tab=Top...
               | 
               | In particular I'd check out Warcraft, Neverwinter Nights'
               | DM mode, and the DOS editor for a good sampling of what
               | the industry can offer. They are a great stepping stone
               | to actual programming, with triggers, conditionals, and
               | other flow control structures all wrapped behind a veneer
               | of fantasy gaming.
               | 
               | (edit: sorry for potato formatting. no idea how HN
               | handles text formatting)
        
             | [deleted]
        
           | ye_olde_gamer wrote:
           | Side note, but fun fact! Fortnite, the uberpopular battle
           | royale game, is actually itself a mod of the original
           | Fortnite (now called "Fortnite: Save the World").
           | 
           | Originally a tower defense game (you build structures and
           | traps to defend your base against invading alien zombies),
           | some Epic & Unreal Tournament developers decided to fork it
           | into a PvP (competitive player-vs-player) battle royale game
           | instead, loosely based off Player Unknown's Battlegrounds.
           | 
           | It became a surprise hit, propelling Fortnite from "niche DIY
           | tower defense game" to global pop-culture phenomenon.
           | 
           | https://en.wikipedia.org/wiki/Fortnite_Battle_Royale#Develop.
           | ..
           | 
           | (edit: this was reposted... old comment was in the wrong
           | thread)
        
         | cortesoft wrote:
         | I don't necessarily agree with Apple here, but couldn't your
         | same arguments be made against Epic? They want to "stick it" to
         | Apple and are harming their customers in the mean time?
         | 
         | What this comes down to is an argument over money, and what
         | percentage apple should get of that money. I don't think either
         | company has a moral high ground in their negotiations on what
         | percentage apple deserves.
        
           | kerng wrote:
           | Epic is the customer here also and they want to be able to
           | provide a convenient and cheaper way for their customers.
           | Their asks are not only reasonable, they are consumer
           | friendly.
           | 
           | Apple is just being a bully.
        
             | dimitrios1 wrote:
             | Imagine you want to sell a valuable, consumer friendly
             | product that is cheaper than some alternatives and will
             | save people money, but in this case, in a brick and mortar
             | store.
             | 
             | The brick and mortar store says "we agree to stock your
             | product, and will take 30% off the top for our troubles."
             | 
             | Would we be saying the same things? It's the same dynamic,
             | in my view.
        
               | fallingknife wrote:
               | If there were only 2 stores in the world and they both
               | had exactly the same policy, then yes I would say the
               | same thing.
        
               | ttmb wrote:
               | And then the brick and mortar store says "oh and also we
               | want 30% of anything the customer purchases through your
               | product for ever" -
               | 
               | Yes, yes I do think we would be saying the same things.
        
               | passivate wrote:
               | Disagree. Adding 100 files on an FTP site is nowhere near
               | as complicated as adding 100 boxes of frozen yogurt in a
               | grocery store. Physical goods occupy space, need
               | (sometimes) specific storage conditions, packaging, etc.
               | We need to re-evaluate these concepts for digital-only
               | goods. I'm not denying that running a store has costs,
               | but grabbing 30% of sales for a digital-only good is
               | immoral IMHO.
        
               | sam0x17 wrote:
               | This analogy only works if you modify it:
               | 
               | There are only two chains of brick and mortar store in
               | the world and one with double digit market share (Apple)
               | has decided to take 30% off the top for all goods sold in
               | all of their stores and have banned products from having
               | any indication on their packaging that they can be
               | purchased elsewhere for different pricing. Entering any
               | store also requires an extremely expensive chain-specific
               | device that most people purchase on credit every few
               | years, eliminating the ability to easily shop around at
               | both chains.
               | 
               | If this were to happen outside of tech, the perpetrator
               | would get crushed by anti-monopoly legislation.
        
               | AnthonyMouse wrote:
               | It's even worse than that, because each of the stores are
               | in different cities and if your customers want to
               | patronize the other store they first have to move to the
               | other city.
        
               | sam0x17 wrote:
               | See my edit regarding "you need an expensive chain-
               | specific device" to enter any store belonging to a chain.
        
               | chrischen wrote:
               | An App distributed on the immensely popular iOS platform
               | can be used to advertise alternative platforms at
               | different pricing. The "fair" price if this was allowed
               | to happen would be a 0% cut since no one in their right
               | mind would pay any amount extra if given the option.
               | 
               | The only real restriction Apple currently has is that
               | apps should do no such advertising of alternative
               | platforms (payment methods).
               | 
               | All arguments about the fairness of this are moot because
               | see Netflix, which happily complies with these rules and
               | avoids Apple's 30% cut.
               | https://techcrunch.com/2018/12/31/netflix-stops-paying-
               | the-a...
        
               | sam0x17 wrote:
               | > An App distributed on the immensely popular iOS
               | platform can be used to advertise alternative platforms
               | at different pricing. The "fair" price if this was
               | allowed to happen would be a 0% cut since no one in their
               | right mind would pay any amount extra if given the
               | option.
               | 
               | Prior to the recent ruling, this was untrue (unless I'm
               | mistaken).
        
               | chrischen wrote:
               | What is untrue?
        
               | root_axis wrote:
               | To make the analogy accurate it would need to be
               | stipulated that this brick and mortar store is the only
               | place that customers can go to buy products.
               | 
               | edit: I wouldn't even say "two chains" like a sibling
               | comment suggests because the reality is that customers
               | have to invest hundreds of dollars on an exclusive
               | membership to one or the other, picking and choosing from
               | both is not an option.
        
               | gambiting wrote:
               | Except that it's not. The ruling clearly stated that
               | Apple has to allow other payment providers _inside_ the
               | apps, but obviously anything sold on the App Store can
               | still attract the 30% payment fee.
               | 
               | In your example, it's like if you bought a TV from
               | Walmart, took it home, and then any content you wanted to
               | buy on that TV had to have a 30% fee paid to walmart
               | since....that's where you bought it originally? It
               | doesn't make sense there, and it doesn't make sense here.
               | When epic sells you a fortnite skin within fortnite,
               | apple provides literally no value to this transaction,
               | other than being a gatekeeper between two legitimate
               | sides wishing to engage in a business transaction - so
               | that's why Epic wanted to make sure they can process
               | their own payments within the app(and the court has
               | agreed).
        
               | jungturk wrote:
               | What if the TV manufacturer could set a $0 retail price
               | on the television and then charge the user on-device
               | subscription fees to recoup a profit?
               | 
               | Would Walmart be interested in that? Seems like their
               | retail cut would be sliced to $0 in that situation
               | despite doing the retail work.
        
               | wvenable wrote:
               | What if the TV manufacturer didn't even need retail
               | distribution because they have their own warehouses,
               | trucks, etc and will gladly send you a TV for $0 and
               | charge on-device subscription fees to cover it.
               | 
               | But sadly, you bought your home in a neighborhood with an
               | HOA, and even though you own your home, the HOA requires
               | all retail purchases have to go through them, and they
               | take a 30% cut of everything and they won't let you order
               | that TV directly from the manufacturer to put in your
               | house.
               | 
               | But this is ok, because this is what you agreed to when
               | you bought your home.
        
               | jungturk wrote:
               | Great analogy.
               | 
               | Is that ok? It would seem that people entered the
               | contract together without duress?
               | 
               | Are there other neighborhoods? Run by other HOAs with
               | better terms? Isn't it a market contest at that point to
               | see which one buyers will prefer?
        
               | MomoXenosaga wrote:
               | No it would not be okay, factories used to pay their
               | workers with coupons to be spent exclusively in company
               | stores.
        
               | wvenable wrote:
               | They definitely entered into that contract without
               | duress.
               | 
               | But the majority of other neighborhoods are also run by
               | HOAs with similar terms. There are a few neighborhoods
               | that are completely free of HOAs that but those houses
               | are not as nice and neighborhoods not as nice. If you
               | want a nice house in a nice neighborhood, an HOA is your
               | only option.
               | 
               | I'm positive some people, if they had the option, would
               | prefer to buy their current house free of the HOA.
               | Others, on the other hand, like that HOA protects their
               | neighborhood and don't care that they can't paint their
               | house a different color or buy TV's directly from
               | manufacturers.
               | 
               | Sadly, the house and neighborhood you want determines
               | whether or not you'll have to enter into that contract
               | with a particular HOA.
        
               | someluccc wrote:
               | Well but that TV requires power lines to operate, and
               | fiber to get its content. Insofar as the neighborhood (or
               | whoever) paid for those, they deserve a cut too.
        
               | wvenable wrote:
               | The HOA forces you to use their power and fiber, so in
               | that case sure. But if you could get power and fiber
               | directly from the TV manufacturer or someone else, then
               | the HOA doesn't need a cut.
               | 
               | In this case, the TV manufacturer already has all that
               | infrastructure and they use it in neighborhoods without
               | an HOA. It would be no cost to you or the HOA for you use
               | it but the HOA just doesn't allow it. For obvious
               | reasons, of course, because then they wouldn't get their
               | cut.
        
               | conk wrote:
               | If HOAs are so bad why does anyone buy a home in an HOA
               | neighborhood?
               | 
               | If iOS only running Apple's signed code is so bad why do
               | people keep buying iOS devices?
        
               | wvenable wrote:
               | You want a nice home in a nice neighborhood or a nice
               | phone with a nice OS. Maybe you want to avoid an HOA but
               | the home/phone you want isn't available without it. You
               | can always choose another phone/home in another HOA
               | controlled neighborhood. Or alternatively you could get a
               | PinePhone or a crack house.
        
               | sixstringtheory wrote:
               | Then you'd have a different situation. The warehouses,
               | trucks etc are the app store and iPhones. In order for
               | that TV manufacturer to have their own, they'd have to
               | build their own devices, OS and cloud services.
        
               | wvenable wrote:
               | The iPhone is your house -- you own that. The HOA is
               | Apple -- the people who make the rules. The trucks and
               | warehouses are the servers and the internet.
               | 
               | Epic already runs a store they don't need the app store
               | to distribute their apps and do payments. They're only
               | required because Apple gives them no other option.
        
               | sixstringtheory wrote:
               | Apple isn't an HOA, HOAs dictate what people can do with
               | houses that the HOA had no hand in building. Apple built
               | the houses and the logistics network that made building
               | and selling them possible.
               | 
               | Also, the majority of people do not own their houses,
               | banks do. Try financing a house and then stop servicing
               | your loan. That's essentially what Epic has done:
               | breached contract.
               | 
               | Epic's "store" is an app, and evidently they _do_ need
               | Apple to distribute it to Apple devices, unless you can
               | tell me how to install it right now on my device?
        
               | wvenable wrote:
               | You're muddying the issue here on purpose. Mortgages are
               | irrelevant to the analogy. The logistics network is
               | irrelevant. If you buy a TV, there is a big logistics
               | network in making and building them too -- so what?
               | 
               | > unless you can tell me how to install it right now on
               | my device?
               | 
               | This is the dictionary definition of begging the
               | question. You can't install apps on the iPhone because
               | you can't install apps on the iPhone -- that's not an
               | argument.
               | 
               | Software distribution and installation, historically, not
               | required an "app store". That's a relatively new
               | invention.
        
               | shkkmo wrote:
               | > The ruling clearly stated that Apple has to allow other
               | payment providers inside the apps
               | 
               | This was widely misreported as true, but is in fact not
               | what the judge ruled. If you read the full ruling rather
               | than just the single page injuction, it seems that the
               | only thing that Apple is being forced to allow is in-app
               | communication about / linking to places outside the App
               | where purchases can be made.
               | 
               | In fact, the Judge goes so far as to say that Apple can
               | still legally use their contracts with developers to
               | require Apps to pay commission on out of app purchases.
               | This case was a far bigger win for Apple than was
               | initially reported.
               | 
               | To fix this, we need new legislation. The courts seem
               | clear so far that they can't reign in this behavior using
               | the existing laws on the books.
        
               | smachiz wrote:
               | What about in app payments in XBox or PS4? It will not
               | surprise you to know they also take 30%.
               | 
               | I can't help but notice that Fortnite is also available
               | in the PS4 store as well.
               | 
               | This is simply Epic doing their own money grab against
               | the the platform they can most afford to alienate:
               | >The documents show that from March 2018 to July 2020,
               | the        >breakdown of Fortnite revenue by platform was
               | as follows:            >PS4: 46.8%         >Xbox One:
               | 27.5%         >Android, Switch, PC: 18.7%         >iOS:
               | 7%
               | 
               | This is a flyer for Epic to try to take a bigger
               | percentage from their ecosystem partners and devalue
               | them. Commoditize your complement. And they simply
               | started with the one they could afford to alienate.
        
               | izacus wrote:
               | > What about in app payments in XBox or PS4? It will not
               | surprise you to know they also take 30%.
               | 
               | What about it? It's the same kind of anticompetitive
               | practice. Except that Apple devices are used by billions
               | every day across whole software market and consoles are
               | entertainment devices used with much narrower market
               | impact. Punishing them is less urgent.
        
               | lacksconfidence wrote:
               | I don't have links handy but Sweeny directly addressed
               | this. Sony and Microsoft are willing to negotiate with
               | Epic. They get to find a middleground that both sides are
               | happy with. Apple does not negotiate, a developer that
               | has $5 in sales get's the same deal as Epic. Sweeny
               | stated that if Apple had been willing to negotiate
               | similar to Microsoft and Sony then we wouldn't be here.
        
               | dhosek wrote:
               | If Apple had negotiated with Epic, we'd all be arguing
               | about how unfair it is that Epic gets a better deal than
               | everyone else.
        
               | ye_olde_gamer wrote:
               | Eh, we'd probably just have kept buying Fortnite skins
               | and never have heard about this to begin with.
               | 
               | If nothing else, Epic managed to lower in-app commissions
               | for small indie devs, which is a small win at least.
        
               | takeda wrote:
               | That's a good point. Not a big Apple fan, in fact I hate
               | most what they do, but for that particular thing I don't
               | agree with Epic. Those things are anti-competetive and
               | hurt everyone else.
        
               | kgc wrote:
               | Apple does negotiate. See Netflix and Amazon.
        
               | chrischen wrote:
               | I believe Gamestop has that kind of deal where they get a
               | cut of digital store purchases for the consoles.
        
               | [deleted]
        
               | [deleted]
        
             | rdsnsca wrote:
             | The judge did say Apple has a right to collect a commission
             | , but did't rule if 30 % was fair.
             | 
             | "First, and most significant, as discussed in the findings
             | of facts, IAP is the method by which Apple collects its
             | licensing fee from developers for the use of Apple's
             | intellectual property. Even in the absence of IAP, Apple
             | could still charge a commission on developers. It would
             | simply be more difficult for Apple to collect that
             | commission.
             | 
             | Indeed, while the Court finds no basis for the specific
             | rate chosen by Apple (i.e., the 30% rate) based on the
             | record, the Court still concludes that Apple is entitled to
             | some compensation for use of its intellectual property. As
             | established in the prior sections, Apple is entitled to
             | license its intellectual property for a fee, and to further
             | guard against the uncompensated use of its intellectual
             | property. The requirement of usage of IAP accomplishes this
             | goal in the easiest and most direct manner, whereas Epic
             | Games' only proposed alternative would severely undermine
             | it. Indeed, to the extent Epic Games suggests that Apple
             | receive nothing from in-app purchases made on its
             | platforms, such a remedy is inconsistent with prevailing
             | intellectual property law."
        
               | kerng wrote:
               | yeah, reasonable commmission seems like 2-4 percent here.
               | I don't think consumers should have to pay more for it.
               | 
               | And most important, apps should have no restrictions
               | whatsover to have payments inside their own app
               | ecosystem!
        
               | swman wrote:
               | Or just have the flat developer fee cover it unless your
               | app hits like 100k plus download or something.
        
               | vbezhenar wrote:
               | Commission does not matter. It could be 300%. What
               | matters is whether users can use another method of
               | payment without artificial difficulties. If I can press
               | "Apple Pay" and pay $120 or I can press "Paypal" and pay
               | $40, I'd choose Paypal. If it would be $41 vs $40, I'll
               | consider Apple. But that's me. Some people surely value
               | Apple services more than me. So when competition is
               | allowed, Apple will be able to price their commission
               | competitively.
        
               | apple4ever wrote:
               | Bingo. There is no reason I have to go to a website to
               | buy a book to read on my book reader app, other than
               | Apple being a bully.
        
               | lostlogin wrote:
               | Characterising Apple as bullying Amazon is interesting.
               | The ebook example is quite a fraught one and Apple
               | roundly lost that battle.
        
               | fossuser wrote:
               | Yeah - I think Apple's 30% cut is a racket and a bad
               | incentive for them. They should make money by shipping
               | incredible products, not taxing everyone who builds for
               | them.
               | 
               | That said, I like the app store rules they can enforce
               | like IAP - I just don't think they should be taking a
               | cut. If they want to charge a flat one time fee of like
               | $100 to publish then fine, but profit sharing seems wrong
               | to me.
               | 
               | My worry is their aggressiveness in defending their tax
               | will cause blow back that damages their ability to
               | leverage their rules. A worse outcome is one where they
               | keep the tax, but app devs are allowed around the rules.
               | This is starting to happen (an admittedly tiny bit) by
               | them being forced to allow links out to sign up off of
               | the phone.
               | 
               | If they just forced people to use IAP for their user's
               | benefit (easy cancellation, easy account subscription
               | tracking and privacy, easy payment), but didn't take a
               | cut that would be the best outcome for their users and
               | it'd be an easier argument to win in the public eye.
        
             | [deleted]
        
           | gpm wrote:
           | > What this comes down to is an argument over money, and what
           | percentage apple should get of that money
           | 
           | A lot of things have been litigated in this dispute, this is
           | not one of them. What this comes down to is questions about
           | control over iPhones and contents of apps, questions the
           | court was asked to answer were things along the lines of:
           | 
           | - Whether Apple can restrict iPhones to only installing
           | software received via Apple.
           | 
           | - Whether Apple can control how software installed through
           | their platform collects in app payments.
           | 
           | - Whether Apple can control how software installed through
           | their platform informs users about not-in-app ways to pay.
           | 
           | ...
           | 
           | Not "what cut is appropriate". That wasn't the legal or moral
           | point.
        
         | Paianni wrote:
         | How do Epic's games benefit users in meaningful ways over any
         | of the other non-exploitative games on the App Store?
        
           | fishywang wrote:
           | Why does that matter? What does "meaningful ways" even mean?
           | And "meaningful ways" according to who, the user or Apple?
        
             | Paianni wrote:
             | Don't ask me, ask the parent comment poster.
        
             | EvRev wrote:
             | Think about what is important to the demographic that is
             | playing Fortnite, is playing the game more important or is
             | having an Apple device?
             | 
             | There are kids that are in elementary school that wear
             | Fortnite clothing. The brand is everywhere. I am sure some
             | actuary did the math on it so that Apple will come ahead,
             | but the optics on something like this will sway brand
             | loyalty for years in this demographic.
        
               | [deleted]
        
           | ye_olde_gamer wrote:
           | Fortnite notwithstanding, Epic also makes the Unreal Engine,
           | which is one of the biggest ones alongside Unity --
           | especially for cross-platform games. Hindering iOS
           | development of UE will affect a lot of other game devs, both
           | huge and indie.
        
             | rdsnsca wrote:
             | Unreal Engine is under a different developer license than
             | the one Apple canceled, though the judge did rule it would
             | be legal for Apple to cancel all of Epics licences.
             | 
             | "(2) a declaration that (i) Apple's termination of the DPLA
             | and the related agreements between Epic Games and Apple was
             | valid, lawful, and enforceable, and (ii) Apple has the
             | contractual right to terminate its DPLA with any or all of
             | Epic Games' wholly owned subsidiaries, affiliates, and/or
             | other entities under Epic Games' control at any time and at
             | Apple's sole discretion."
        
               | ye_olde_gamer wrote:
               | Epic's first-party games are often a showcase /
               | development driver for new versions of UE, though (the
               | way Unreal, the game, first popularized UE, the engine).
               | If Epic can't publish their own games on iOS anymore,
               | they would have less incentive/ability to iterate UE on
               | that platform even if that license wasn't canceled.
               | 
               | It's a loss for cross-platform gaming altogether. Apple
               | just really doesn't give a damn about their users =/
        
           | SeanA208 wrote:
           | > How do Epic's games benefit users in meaningful ways over
           | any of the other games on the App Store?
           | 
           | They benefit the users who want to play those games. Fortnite
           | in particular is huge.
        
             | bashinator wrote:
             | On top of that, there's a pretty strong argument to be made
             | that Fortnite is as much about socialization and open-ended
             | interaction as it is a game. Apple banning what's
             | potentially a next-generation social network from their
             | platform isn't a great look.
        
               | lkois wrote:
               | But it has guns so it makes the children violent. Social
               | gun violence (aka gangbanging) is not the rule of moral
        
               | acomjean wrote:
               | This is true.
               | 
               | As an adult who's partner plays and plays occasionally,
               | Its honestly really about group chatting (voice comms)
               | with friends/relatives as much as it is about the game
               | for us. I mean the game is silly and fun, but really its
               | a group thing. I almost never play when not with friends.
               | 
               | And occasionally there are group events/ a concerts and
               | movie screenings.
               | 
               | We're all on PCs/ Consoles, but if your a kid a free to
               | play game your friends are on you could join in with a
               | tablet, would be nice.
        
               | mbreese wrote:
               | A counter point is that it was an extremely reckless move
               | for Epic to risk the banning of their next-generation
               | social network (which to my kids, it definitely is) from
               | the largest mobile store. Epic thought they were forcing
               | Apple's hand, but they lost in court on the points they
               | really cared about the most. And they got confirmation
               | that Apple was well within their rights to cancel the
               | developer account.
               | 
               | I'm not sure the risk was worth it... especially since
               | they didn't need to take that risk to file the lawsuit.
               | 
               | From the first moments, Epic has been running a PR
               | campaign, which doesn't really help you in court.
        
         | xyzzy21 wrote:
         | It may also be illegal both from an anti-trust legal view and
         | from a contract legal view. IANAL but I hire them frequently
         | for advice.
        
           | sbuk wrote:
           | The judge literally just ruled that it wasn't.
        
             | eldaisfish wrote:
             | .. based on precedents where none of them were digital.
             | Every single precedent cited in this judgement pre-
             | internet.
        
               | etchalon wrote:
               | Laws aren't different because "digital".
        
               | lostlogin wrote:
               | That doesn't change the ruling. Appeal might, but as
               | things stand, this has been litigated.
        
         | pyuser583 wrote:
         | The emphasis should be on the customer, not necessarily the end
         | user.
         | 
         | Aren't developers also their customers?
        
         | ehnto wrote:
         | > I understand Apple's decision to do this. They want to stick
         | it to Epic. Completely understandable desire on Apple's part.
         | 
         | Are they businesses or school children?
        
         | sendtown_expwy wrote:
         | "Fortnite will be blacklisted from the Apple ecosystem until
         | the exhaustion of all court appeals"
         | 
         | It's not about sticking it to them. It's to increase the cost
         | of their appeals and pressure them to drop the case.
        
           | Salgat wrote:
           | That sounds like "sticking it to them" to me. The alternative
           | is that Apple lets them back on, stops paying for an
           | expensive lawsuit, and gets extra revenue from fortnite.
        
             | JiNCMG wrote:
             | Mobile Fortnite has been dying for over a year before all
             | this started so not much of an income. Note: Most gamers
             | move over to a non-mobile device for these games or at
             | least a Nintendo Switch.
        
             | spzb wrote:
             | Sounds like standard lawyer behaviour. They're being paid
             | by Apple to look after Apple's interests.
        
               | jensensbutton wrote:
               | Are you saying Apple execs have zero say in the strategy
               | they choose to pursue regarding the spat with Epic?
        
               | spzb wrote:
               | No I'm not but thanks for asking
        
         | stiltzkin wrote:
         | What percentage of their users play Epic games as Fortnite?
        
       | achenatx wrote:
       | There is no such thing as "fair". There is only what two sides in
       | a transaction can agree to and what is legal.
       | 
       | In this case apple is not a monopoly, epic has many other avenues
       | to sell their product.
       | 
       | I personally dont like the apple ecosystem, but if they can get
       | away with charging 30% they should, until the market doesnt
       | support it anymore.
        
       | concinds wrote:
       | This article doesn't mention the fact that Apple lied, and that
       | Tim Cook "promised" in court that Epic would be let back in the
       | app store if they promised to comply with the rules. Epic made
       | that _exact_ promise [1]. And now Apple 's telling them: F you.
       | 
       | What's going on at Apple?
       | 
       | [1]: https://www.epicgames.com/site/en-US/news/apple-lied-
       | breaks-... and
       | https://twitter.com/TimSweeneyEpic/status/144071146788861543...
       | 
       | And the relevant quote from the Tim Cook testimony:
       | 
       | > Apple has said that banning Epic Games was its only viable
       | action, but at the same time, the company offered to let Fortnite
       | back in the App Store if it agreed to the App Store rules. "Why
       | would Apple do that if Epic is a bad actor?" the lawyer asked
       | Cook. "It would benefit users to have them back on the store, if
       | they abided by the rules," Cook said. "The user is trapped
       | between two companies and it's not the right thing to do to the
       | user." Cook said that Apple was not thinking about money at all,
       | and Fortnite's revenue was not a consideration.
       | 
       | From: https://www.macrumors.com/2021/05/21/tim-cook-epic-apple-
       | tri...
        
         | advanced-DnD wrote:
         | > Apple lied... [1]: https://www.epicgames.com...
         | 
         | Yeah, I don't think that is a reliable unbiased source.
         | Moreover, wouldn't this invite defamation suit?
        
         | simonh wrote:
         | >the company offered to let Fortnite back in the App Store if
         | it agreed to the App Store rules.
         | 
         | Epic is not agreeing to the app store rules. They are appealing
         | the decision because they *do not agree to the rules* and do
         | not want to follow them. As long as that situation stands,
         | Apple is not letting them back in.
         | 
         | If Epic drops the appeal and agrees to comply, then Apple has
         | indicated they would let them in.
        
           | Closie wrote:
           | I think you are arguing semantics, and that 'Agree' usually
           | means something different in this context.
           | 
           | Agreeing in this sense usually means 'Agreeing to follow
           | rules' rather than 'Agreeing that the rule should exist'.
           | 
           | For instance - I'm sure plenty of developers don't _agree_
           | that Apple should get a 30% cut and don 't want to give the
           | money to them, but agree to let this happen in order to use
           | the store. Most developers probably think that they should be
           | able to take platform on any payment platform they wish, but
           | again agree not to do it because those are the T&C's. Agree
           | usually means 'Agree to do or not do something' rather than
           | 'Agree something is the right thing'.
        
             | simonh wrote:
             | It's not semantics. You're simply miss-understanding the
             | nature of the offer because Epic is misrepresenting it.
             | Apple was offering Epic to let them back in the app store
             | if they dropped the case, that's what agreeing means, and
             | they haven't dropped it.
             | 
             | If Epic wins the appeal, the ruling will be overturned and
             | Apple could lose on all points. That's not an acceptable
             | situation for Apple and as long as Epic is holding that
             | over their heads, Apple won't make a deal.
        
         | jacquesm wrote:
         | > Cook said that Apple was not thinking about money at all, and
         | Fortnite's revenue was not a consideration.
         | 
         | That's a bald faced lie. Of course it is about the money.
        
           | [deleted]
        
           | olouv wrote:
           | On the contrary, I think it is more about making an example
           | out of Epic about the severe consequences of litigating
           | against apple.
        
             | pram wrote:
             | pour encourager les autres
        
           | simonh wrote:
           | Apple is giving up a lot of money, likely hundreds of
           | millions, by not letting Fortnite back in.
           | 
           | You could argue that in the long term Apple might be
           | calculating that the fear effect on other companies might pay
           | that back, but that's highly arguable. It's unarguable they
           | are giving up a serious amount of reliable income to make
           | this point.
        
             | jacquesm wrote:
             | You are missing the wood for the trees here: Apple may give
             | up some money for the Fortnite game, but meanwhile they get
             | to hold on to the money they rake in on other parties'
             | products. If they accepted the Fortnite change then they
             | would lose that other money, which absolutely dwarfs the
             | money made on Fortnite.
             | 
             | I'm a bit surprised that this needs to be explained.
        
               | simonh wrote:
               | Apple won the case, they don't have to accept the
               | Fortnite changes. In fact the court ordered Epic to
               | follow the rules, if Fortnite goes back into the store.
               | 
               | How would letting Fortnite back in the store, and taking
               | their money, reduce their revenues from other developers?
               | You're not making any sense.
        
             | elif wrote:
             | Ehh that is generous to the Fortnite fad. It's definitely a
             | fraction of the memetic giant it was even when this
             | litigation began.
             | 
             | I would postulate that 80%+ of Fortnite revenue is now from
             | the item shop. In which case apple is "sacrificing" 20% to
             | try getting the 80%.
        
             | ericmay wrote:
             | Maybe tens of millions. Certainly a lot to us, not so much
             | to Apple though I'm sure they want the money too (hence the
             | whole lawsuit thing).
             | 
             | Epic was ordered to pay $6mm from the case that they lost
             | which was sales from pre-installed apps over around a 3
             | month period [1]                 [1]
             | https://www.macrumors.com/2021/09/13/epic-games-pays-
             | apple-6-million/
        
           | bacro wrote:
           | What a utter lie Tim Cook said. Apple only sees money, do not
           | try to make this about the user. I would love to have Ricky
           | Gervais in the court replying to Tim, just like he did on the
           | Golden Globes :D
        
         | speeder wrote:
         | Apple made not just a "promise", they made an offer, the judge
         | then asked if Epic wanted it, Epic said no.
         | 
         | Now Epic is changing their mind now that the judge ruled they
         | did breach the contract, what they were expecting?
        
           | 28626894 wrote:
           | Yep. I'm confused. Do people think that Epic won the court
           | case, and are therefore in some position to make demands? The
           | court ruled in favor of Apple on 9 of 10 issues. Epic has
           | proven itself to be a bad faith actor; recall, Epic could
           | have remained in compliance and then sued for the right they
           | just gained, and then implemented it. But they decided to
           | purposefully break the rules they originally agreed to. This
           | is the outcome they knew they would get.
        
             | horsawlarway wrote:
             | I agree that Apple won in court here, but I think they're
             | losing the public perception game pretty badly.
             | 
             | I've never been a big Apple fan - and I speak up about it
             | on various forums - up until about two years ago, no one
             | really cared.
             | 
             | These last two years... The Anti-Apple sentiment is hitting
             | _HARD_. Frankly - It was always an abusive company ( "my
             | way or the high way" seems like it could be their company
             | motto), but now the products just aren't that good, and it
             | shows.
             | 
             | Maybe the M1 devices will buy them some time, lord knows
             | they need it after the cluster fuck of a computer that is
             | the latest 16 macbook pro (work issued, it's the worst
             | laptop I've used in the last 12 years).
             | 
             | But the phones are WAY too expensive for what you get - the
             | UI is dissolving into a mess, the laptops are losing all
             | the power user features that got folks interested in the
             | first case, and the privacy-centric "User first" approach
             | they market so hard is visibly turning into a pretty clear
             | charade.
             | 
             | My prediction - This is going to be a pyrrhic victory.
             | They're going to fight tooth and nail to hang onto this
             | revenue stream (which is _clearly_ simple rent-seeking
             | behavior), and it 's going to taint developer and user
             | opinion across their main market. I personally went from
             | "neutral/negative" on Apple to "Will not touch with a 20'
             | pole - will not do business with or develop for"
             | 
             | Even at work - We have a large group of developers now
             | asking to be issued something other than a macbook. I find
             | that pretty damn telling.
        
               | CharlesW wrote:
               | > _...I think they 're losing the public perception game
               | pretty badly._
               | 
               | Outside of HN and other niche media properties this is an
               | _extremely_ obscure battle.
               | 
               | > _...now the products just aren 't that good, and it
               | shows._
               | 
               | Does it though? Apple recently reported an almost-50% YoY
               | increase in iPhone sales. The iPad had its best June
               | quarter in nearly a decade. The Mac set a new June
               | quarter revenue record. The last four quarters have been
               | the Mac's best four quarters ever. Subjectively, Apple
               | products have never been better.
        
               | rchaud wrote:
               | A lot of people claimed BlackBerry was finished in 2009,
               | when it was still reporting record sales and profits.
               | 
               | Of course Apple is too big to disappear the way BB did.
               | But a lot of what made Apple products unique is no longer
               | there. Jobs pointed out how OEMs had little brand
               | identity and consistency because of the sheer number of
               | variations of each product.
               | 
               | Apple today sells 7 different models of iPhone and 5
               | different models of iPads. It's on its way.
        
               | horsawlarway wrote:
               | I think it does matter - objectively. It doesn't matter
               | how many consumers you have on your platform, if you
               | don't have content creators you're on life support.
               | 
               | Right now, Apple is still middle of the road - The money
               | in their apps ecosystem is holding a lot of developers
               | there, but I think they're royally fucked in every legal
               | district except the US with regards to the current
               | software distribution model. And honestly - that's simply
               | because anti-trust/monopoly regulation in the US is an
               | unfathomable joke at the moment (it helps that we house
               | most of the tech monopolies, so from a nationalistic
               | perspective, I understand that the status quo is making a
               | lot of people a lot of money).
               | 
               | So does it matter this quarter? Eh - almost certainly
               | not. Will it matter in 10 years? Almost certainly yes.
               | 
               | That said, who knows - Apple is damn good at marketing
               | still, and it's possible they can leverage the M1
               | machines into a dominant position.
               | 
               | ---
               | 
               | As for this year - We're seeing consumer spending in
               | electronics up across the board, mostly thanks to
               | incentives from covid (cash infusions, more people using
               | devices for school/work, more people feel stuck at home
               | and consume digital services). And Apple has a good
               | supply chain in place to whether the current chip
               | shortages, pushing consumers to buy products from Apple
               | simply because they're available. Hell, Lenovo revenue is
               | also up 50% in the last year, and Samsung is up nearly
               | 20% this last quarter. Selling digital devices is a good
               | spot to be in during a lockdown of physical spaces.
               | 
               | Again, maybe Apple will be able to ride the wave with the
               | M1 devices, but I think extrapolating out from sales
               | during Covid isn't all that meaningful.
        
         | threatofrain wrote:
         | > (2) a declaration that (i) Apple's termination of the DPLA
         | and the related agreements between Epic Games and Apple was
         | valid, lawful, and enforceable, and (ii) Apple has the
         | contractual right to terminate its DPLA with any or all of Epic
         | Games' wholly owned subsidiaries, affiliates, and/or other
         | entities under Epic Games' control at any time and at Apple's
         | sole discretion.
         | 
         | Lest anyone think Apple is ignoring the court.
        
           | concinds wrote:
           | The fact that Apple was allowed by the court to ban them
           | indefinitely at their discretion, doesn't change the fact
           | that making a public promise, in court (which was widely
           | publicised at the time from what I recall) and reneging on it
           | when their demands were met, is a little shocking, and
           | certainly disappointing.
           | 
           | The last time they made that promise was 8 days ago!
           | 
           | > Apple says it won't let Epic Games back in the App Store
           | until they agree to "play by the same rules as everyone
           | else."
           | 
           | From https://www.theverge.com/2021/9/10/22666146/apple-epic-
           | korea...
        
             | ribit wrote:
             | Except the demands were not met. Epic appealed the court
             | decision, meaning that they are not ok with the demands.
        
               | nulbyte wrote:
               | Following the rules while protesting through a court case
               | seems reasonable to me. Just because you flow the rules
               | doesn't mean you think they are just. On the other hand,
               | retaliating because someone genuinely believes they are
               | being disadvantaged is quite the opposite of just.
        
               | notafraudster wrote:
               | If your position is "following the rules while protesting
               | through a court case seems reasonable", then you agree
               | Epic should have followed the rules while protesting
               | through a court case instead of deliberately getting
               | banned in order to sharpen their PR efforts in support of
               | the court case they planned to file.
        
             | mattzito wrote:
             | But Epic then promptly turned around and appealed. Why
             | should Apple let epic back in when they're saying they will
             | "play by the rules" in one breath and saying "we don't
             | accept the courts ruling on the rules" in another?
        
               | boomboomsubban wrote:
               | Appealing a court decision still counts as "playing by
               | the rules." Disagreeing about what the rules should be
               | shouldn't count as a violation of the rules by itself.
        
               | mattzito wrote:
               | Disagreeing about the rules is not a violation of those
               | rules, I agree. But it is a statement of intent that you
               | plan to not follow the rules if you win your court case,
               | which means...you won't be playing by the rules. Seems
               | perfectly reasonable to me that Apple wouldn't want to
               | give Epic access to their user base back while Epic is
               | trying to reverse the decision.
               | 
               | Now, if Epic was not appealing, and Apple refused to let
               | them back in, I would agree that is egregious.
        
               | boomboomsubban wrote:
               | >which means...you won't be playing by the rules
               | 
               | No, it means the rules will be changed.
        
               | j56no wrote:
               | while they follow the rules there's no objective reason.
               | If Apple is doing so only because they don't like Epic,
               | they are abusing their position
        
               | mbreese wrote:
               | And Epic doesn't like Apple. These are big companies and
               | Epic is not under an existential treat by not having
               | access to the AppStore.
               | 
               | Epic started this whole mess by breaking their original
               | agreement. And the court explicitly affirmed Apple's
               | right to terminate Epic's developer account. If Apple
               | were "abusing" their position, that implies they have
               | monopoly power in that market, which was not what the
               | court determined (rightly or wrongly). Which is the crux
               | of Epic's real goals, which they lost.
               | 
               | You could argue that it's not nice or that it's a poor
               | business choice (because people will still buy some
               | VBucks through IAP), but it's not abusive. Vindictive
               | maybe, but not abusive.
               | 
               | And really the only people getting hurt are the players
               | who played Fortnite (exclusively?) on their phones or
               | iPads. Which ironically includes me...
               | 
               | I think this would be a much larger issue for smaller
               | developers who are reliant on access to the iOS market.
               | What would happen to a smaller developer that didn't have
               | more resources? I think that's a more interesting
               | question.
               | 
               | But right now, this is still a Goliath vs Goliath
               | situation.
        
             | [deleted]
        
         | evercast wrote:
         | I believe the key element here is "if they promised to comply
         | with the rules". Since Epic has already filed an appeal, they
         | don't seem to express a lot of willingness to comply with the
         | rules.
        
           | concinds wrote:
           | I believe they have, explicitly:
           | https://cdn2.unrealengine.com/phil-schiller-
           | letter-2791x1969...
        
             | zsmi wrote:
             | I think your mixing actually complying with the rules and
             | promising to abide by the rules.
             | 
             | In your quote Cook said "if they abided by the rules" but
             | in the Sweeney letter you linked to he said "Epic promises
             | that it will adhere to Apple's guidelines". Sweeney didn't
             | say they actually did it.
             | 
             | Also, the daringfireball article includes the letter you
             | linked to and covered this topic.
        
         | jasode wrote:
         | _> Apple lied, and that Tim Cook "promised" in court that Epic
         | would be let back in the app store if they promised to comply
         | with the rules. Epic made that exact promise [1]. And now
         | Apple's telling them: F you._
         | 
         | I think your post inadvertently makes things more confusing.
         | 
         | In short, the situation _changed_ and got a little _more
         | complicated_ after Tim Cook previously said they 'd reinstate
         | Epic's account.
         | 
         | What are the new changes and complications created by the
         | recent judge's ruling? Epic's "promise" has to be dissected
         | into 2 component parts:
         | 
         | (#1) _direct_ in-app-purchases. This was the mechanism that
         | originally got Epic kicked off the App Store last year. (The
         | court ruling still doesn't force Apple to allow this and
         | indeed, they reaffirmed this by ordering Epic to pay back $6
         | million (the "lost" 30% commissions) to Apple for bypassing
         | Apple's in-app-purchases.)
         | 
         | (#2) _informing_ the user of alternative app payments via web
         | links, etc. (the "anti-steering" in the court's ruling)
         | 
         | Apple's _current_ guidelines don 't allow for either (1) & (2).
         | However, Epic wants to be back in the App Store and immediately
         | use option #2 because they feel the judge's ruling to stop
         | Apple anti-steering policy should be followed _now_. Apple
         | disagrees because they think they have a right to impose anti-
         | steering. Hence, everybody is still in appeals process.
         | 
         | Put another way, Sweeney's idea of _" promise"_ does not match
         | Cook's expectation of a promise which makes it invalid from
         | Apple's perspective.
         | 
         | Contrary to public perception, "anti-steering" is not always
         | illegal and Apple's legal team is probably aware of previous
         | cases such as American Express winning their anti-steering case
         | with The Supreme Court:
         | https://www.pymnts.com/legal/2018/supreme-court-amex-case-an...
        
           | concinds wrote:
           | So you're saying that Apple won't be forced to comply with
           | the anti-steering ruling because Epic's appealing, even
           | though Apple didn't appeal? (and seemingly indicated that
           | they won't) So Apple can indefinitely keep the anti-steering
           | provision, until all appeals are exhausted? That would make
           | sense.
           | 
           | Otherwise, I believe the court gave Apple 90 days to comply,
           | and I can't see anything in Epic's letter that shows they
           | want to be let back in _immediately_ , so I'm unsure what
           | this changes.
           | 
           | edit: I base my idea that "Apple hinted that they won't
           | appeal" from this:
           | https://www.theverge.com/2021/9/17/22679724/tim-cook-epic-
           | ap..., and also based on the fact that Apple, in practice,
           | didn't lose anything (they can still force devs to pay 30% on
           | "steered" purchases made through the dev's website). But it
           | seems some lawyers believe it's possible Apple will still
           | appeal, so I shouldn't have been so definitive.
        
           | ericmay wrote:
           | I think if Epic dropped the lawsuit after they lost the court
           | case then Apple would let them back in the App Store.
           | Continuing to fight makes it seem like there's no reason for
           | Apple to reinstate Fortnite.                 [1]
           | https://www.macrumors.com/2021/09/13/epic-games-files-appeal-
           | against-apple-ruling/       [2]
           | https://www.macrumors.com/2021/09/22/fortnite-not-returning-
           | to-app-store-until-legal-battle-ends/
        
         | [deleted]
        
         | jmull wrote:
         | I don't think Apple is going to reinstate Epic's dev account
         | until the lawsuits are over.
         | 
         | They aren't going to enter into a new contract to do business
         | with Epic while Epic's breach of their last contract is still
         | unresolved.
        
       | Animats wrote:
       | I would not be surprised if Epic launched a phone to compete with
       | Apple.
       | 
       | Epic partners with Tencent in China for games. Tencent sells a
       | "gamer phone", the Black Shark.[1] 90Hz display, liquid cooled.
       | All Epic needs to do is offer that in the US. With a bit of
       | marketing effort, Epic could make their phone the one the cool
       | middle school kids want. Instead of one of those slow Apple old-
       | people phones.
       | 
       | [1] https://www.gizchina.com/2020/03/03/tencent-black-
       | shark-3-an...
        
         | cheeze wrote:
         | > liquid cooled
         | 
         | What!? That's interesting. Guessing it's 'vapor cooled'?
        
           | Animats wrote:
           | Probably a heat pipe to spread the CPU and GPU heat around.
        
         | rchaud wrote:
         | Epic already has a games store competing with Steam.
         | 
         | Steam Deck is on the way this winter, and will succeed in
         | locking down users to a Steam ecosystem (majority won't bother
         | replacing SteamOS w/ windows).
         | 
         | An Epic-made handheld gaming device wouldn't be out of the
         | question.
        
         | ncr100 wrote:
         | This is possible.
         | 
         | Epic has not started doing hardware, as far as I know. And
         | they're "hot" on the metaverse, which has a strong opportunity
         | for new hardware (AR, etc).
         | 
         | So that could be the future of Tim.
        
       | outside1234 wrote:
       | Sounds like retaliation and is anti-competitive. Hope the EU is
       | watching.
        
         | sigzero wrote:
         | Nope. EPIC knowingly and intentionally violated the contract.
         | End of story. It's up to the "good will" of Apple to let them
         | back in at this point.
        
       | nikochiko wrote:
       | epic games should do "tit vs tat" and ban apple's account from
       | playing fortnite
        
         | nikochiko wrote:
         | /s
        
           | nikochiko wrote:
           | ban tim cook, or his kids
        
       | cblconfederate wrote:
       | State of tech 2021: quarrelling about whose monopoly power is
       | bigger
        
       | fmakunbound wrote:
       | By the time this gets resolved, the world may have moved on from
       | Epic's Fortnite cash cow.
        
       | blowski wrote:
       | Regarding the footnote, are lawyers covering their arse in some
       | way by having "VIA ELECTRONIC MAIL" when they send emails like
       | this? Or is that just a convention from the 90s that nobody has
       | bothered changing.
        
       | mikl wrote:
       | I understand that Apple is pissed at Epic, but this is just petty
       | spite. They are a big megacorp now, the need to abandon the habit
       | of thinking themselves the underdog. It's unbecoming.
        
       | __void wrote:
       | .
        
         | yoz-y wrote:
         | A lot of people from here are reading the site so naturally
         | they would post it here.
        
           | __void wrote:
           | yeah I just read here in some comments that he also makes
           | television appearances... i didn't know that, i thought he
           | was more of a "internet random guy"! ...you never stop
           | learning
        
       | sigzero wrote:
       | "Tim Sweeney is high as a kite." is my favorite line out that
       | whole thing.
        
       | syspec wrote:
       | Lest people think Apple must allow alternative IAP, or bypassing
       | their commission.
       | 
       | From the court ruling:
       | 
       | > At step three, Epic Games has identified no suitable less
       | restrictive alternative for Apple's use of IAP based on the
       | current record. The only alternative that Epic Games proposes is
       | that Apple be barred from restricting or deterring in any way
       | "the use of in-app payment processors other than IAP." This
       | proposed alternative is deficient for several reasons:
       | 
       | > First, and most significant, as discussed in the findings of
       | facts, IAP is the method by which Apple collects its licensing
       | fee from developers for the use of Apple's intellectual property.
       | 
       | > Even in the absence of IAP, Apple could still charge a
       | commission on developers. It would simply be more difficult for
       | Apple to collect that commission
       | 
       | > Indeed, while the Court finds no basis for the specific rate
       | chosen by Apple (i.e., the 30% rate) based on the record, the
       | Court still concludes that Apple is entitled to some compensation
       | for use of its intellectual property.
        
         | londons_explore wrote:
         | Epic totally picked the wrong way to approach this...
         | 
         | They should have taken up the issue with the EU competition
         | commission and asked them to issue big fines to Apple per day
         | they don't allow competing app stores.
        
       | nixpulvis wrote:
       | Epic took a stand and we should be behind them 100%. This case
       | was never about winning on the letter of the contract law, it was
       | about moving the standard of practice and attempting to gain some
       | ground against the evils of mega-Apple. If you are reading this
       | Grubber post and thinking you agree, that's only because you are
       | used to thinking this way by now.
       | 
       | The courts simply do not understand the power companies like
       | Apple and Google have apparently. The startup cost of a
       | competitor would be astronomical, as we've seen reflected in the
       | quality, cost, and size of the small handful of other smartphone
       | companies recently. Even if we seem new players become
       | competitive, then what's to stop us from being back in this same
       | situation in 10 years? 5 years? This is why we have Laws.
       | 
       | Not even to mention that the telecom companies are still working
       | against progress and taking absurd cuts for themselves.
       | 
       | Hosting, platforming, and The Web are in crisis, as we're all
       | aware. We should be firmly on the side of open access to our
       | (developers) content. Why let the platforms eat our lunch? Maybe
       | we should just be giving them a snack, or a little treat, but
       | even that would just be for "services rendered", not as a
       | condition for our meal.
       | 
       | I'm just so fucking done with this, sorry I can't help but be a
       | bit angry.
        
         | nixpulvis wrote:
         | P.S. This is all part of the broader "Right to Repair" laws,
         | just at the software level...
        
           | ncr100 wrote:
           | No.
           | 
           | Epic does not own Apple's App Store. They bought a license to
           | publish on that platform. Then they violated it and were
           | banned. And the judge agree it's Apple's right to do so,
           | within limits.
        
         | turdnagel wrote:
         | Really, that's not what this lawsuit was about, and the courts
         | aren't supposed to tip the scales based the size of companies,
         | are they? It's clear we need new laws to deal with the problems
         | at hand. The ruling seemed pretty even-handed based on the law,
         | even if you disagree with it.
        
           | nixpulvis wrote:
           | They failed to even acknowledge the duopoly, simply reciting
           | tired anti-trust. I'm by no means an expert, but surely
           | someone must come along at some point and take a stand for
           | something in order to implement the "new laws to deal with
           | the problems at hand", no? Would we be living in a better
           | world if only a different judge took the case?
           | 
           | If you have a problem caused by a system you are unwilling to
           | change, you cannot be surprised by the perseverance of that
           | problem.
        
             | jdminhbg wrote:
             | > simply reciting tired anti-trust
             | 
             | That's the judge's job. They're not supposed to come up
             | with novel solutions, they're supposed to apply the
             | relevant case law.
        
               | MomoXenosaga wrote:
               | I agree. Unfortunately the politicians who make the laws
               | are deeply in the pocket of business and too busy with
               | the political circus to actually make laws.
        
               | toomuchtodo wrote:
               | The $6 million Epic (mentioned in the daringfireball
               | piece) had to compensate Apple would've been better spent
               | on lobbyists.
        
               | nixpulvis wrote:
               | A judge makes judgements.
        
               | spzb wrote:
               | And bees make honey. What's your point? Contrary to
               | popular opinion, and as explained by the GP, judges only
               | interpret the law, they don't make it other than that
               | their interpretations can later be cited as case law.
        
         | dkonofalski wrote:
         | They didn't take a stand. They just tried to get more money
         | under the BS guise of taking a stand. This was the literal
         | definition of virtue-signaling.
        
           | pornel wrote:
           | When I support game developers by buying their games/DLCs, I
           | do want to maximize the amount that actually goes to the
           | developer instead of being captured by rent seekers.
        
         | nixpulvis wrote:
         | Here's the relevant injunction:
         | 
         | > Apple Inc. and its officers, agents, servants, employees, and
         | any person in active concert or participation with them
         | ("Apple"), are hereby permanently restrained and enjoined from
         | prohibiting developers from (i) including in their apps and
         | their metadata buttons, external links, or other calls to
         | action that direct customers to purchasing mechanisms, in
         | addition to In-App Purchasing and (ii) communicating with
         | customers through points of contact obtained voluntarily from
         | customers through account registration within the app.
         | 
         | > Tim Sweeney is high as a kite.
         | 
         | I think not... keep shilling for Apple harder.
         | 
         | > Here's where I think Sweeney garnered the legal "go fuck
         | yourself". Sweeney is arguing that Apple, which won the
         | lawsuit, should interpret the court's anti-steering injunction
         | in a way that pleases Epic, which lost the lawsuit. That's not
         | how things work.
         | 
         | Is he really trying to argue that the "winner" and "losers" are
         | absolute in this case?! Wild.
        
         | jfoster wrote:
         | > Why let the platforms eat our lunch? Maybe we should just be
         | giving them a snack, or a little treat, but even that would
         | just be for "services rendered", not as a condition for our
         | meal.
         | 
         | I actually do think the platforms do a whole lot for
         | developers; far more than they get credit for, in my opinion.
         | For that reason, I think the best option is for them to
         | unbundle their app store developer offerings into pieces that
         | developers can pick & choose from. (eg. as a developer, would
         | you be willing to share 4% extra for a smoother payment
         | experience for users?)
         | 
         | I have previously mentioned this in another HN comment:
         | https://news.ycombinator.com/item?id=28369205
        
           | munificent wrote:
           | _> I actually do think the platforms do a whole lot for
           | developers; far more than they get credit for, in my
           | opinion._
           | 
           | I think the interesting question is not whether enormous
           | monopolistic trillion-dollar corporations provide value to
           | consumers. They clearly must provide _some_ value or they
           | wouldn 't exist at all.
           | 
           | The real question is how much _more_ value would consumers
           | have in an alternate world where these anti-competitive
           | practices were prohibited and these oligopolies were broken
           | up into smaller competing companies?
           | 
           | Without a crystal ball, we can't answer that question with
           | certainty, but we have to make educated guesses in order to
           | have good judgement about the right way to govern the market.
        
       | yarcob wrote:
       | I've been an Apple user for more than 20 years, and I really like
       | their products, but every year I am feeling more and more
       | fleezed.
       | 
       | It pisses me off that they overcharge on storage and memory,
       | leading to a situation where everyone who is on a budget
       | struggles with artificially limited machines. I understand that
       | they need to offer multiple price points to cover the market, but
       | I actually preferred it when they just charged more for black.
       | 
       | It annoys me that they arbitrarily block content to enforce their
       | weird standards (eg. no nudity allowed) or just whenever they
       | feel someone is not paying them enough of their revenue.
       | 
       | It annoys me that their overarching goal is no longer to make the
       | best products, but instead the goal is to make you keep buying
       | accessories and services even after you already bought their
       | stuff.
       | 
       | I dunno. For my home computer I already switched to Windows.
       | There's probably lots to complain about with Microsoft as well,
       | but I'm surprised how nice some things are after years of
       | thinking Apple was so far ahead.
        
       | [deleted]
        
       | Program_Install wrote:
       | I am sick of Epic honestly, these companies always feeling
       | entitled to someone else's work. With this fake "level playing
       | field" nonsense. No one is forcing you to use iOS as your
       | delivery platform. Epic is extremely disingenuous in this case,
       | if they don't like it they have all the resources to create their
       | own mobile device and platform.
        
         | CharlesW wrote:
         | A surprising number of people who think of themselves as
         | capitalists believe the means of production, distribution, and
         | exchange should be owned or regulated by the community as a
         | whole.
        
         | UnpossibleJim wrote:
         | https://en.m.wikipedia.org/wiki/Criticism_of_Apple_Inc.
         | 
         | They have a section on Apple's anticompetitive behavior and a
         | link to quashing smaller companies viewed as competition in the
         | past.
         | 
         | I do admire your get up and go, though and I do think more
         | people should put up more competition. I'm very break up
         | monopoly, which we have quite a few examples of in America,
         | using exorbitant market pressures to stifle competition.
        
       | HatchedLake721 wrote:
       | That makes sense.
       | 
       | Why would you do business ever again with someone who
       | intentionally breached a contract, publicly smeared you with a
       | calculated negative PR campaign and then sued you?
       | 
       | After all this you offer them to allow Fortnite back if they
       | reverse what they've done that breached the contract. Instead,
       | they:
       | 
       | - Reject the offer
       | 
       | - Carry on smearing you
       | 
       | - Lose the court case
       | 
       | - Sweeney says they wouldn't release iOS version with the pricing
       | still being the same
       | 
       | - Then they decide to do a PR stunt publicly sending a letter and
       | ask to get back into App Store, while hinting they plan to toy
       | with the courts ruling by attempting to put an in-app payment
       | button that mimics Apple's IAP
       | 
       | And now they play a victim that they're not allowed back in to
       | the App Store because they have no other avenue and they lost the
       | court case.
       | 
       | Tell me again why would _you_ do business with anyone like that?
        
         | jjordan wrote:
         | I think this just highlights the problem inherent in allowing
         | Apple to be the sole arbiter of what can run on a device you
         | paid for. I should be able to easily install apps that Apple
         | hasn't approved, or in this case, has a legal beef with the
         | company in question.
        
         | spywaregorilla wrote:
         | I'm ok with Apple not letting Epic on the App Store so long as
         | Apple doesn't forbid me from doing a private business exchange
         | with Epic on my device.
        
           | mrtksn wrote:
           | > Apple doesn't forbid me from doing a private business
           | exchange with Epic on my device
           | 
           | I don't think Apple can do that. What Apple can do, is to not
           | allow Epic to use their distribution service, known as
           | AppStore.
           | 
           | What you install on your iDevice is your own business and
           | Apple cannot do anything about it. That's why jailbreaking
           | your device is completely legal, you own your device you paid
           | for and you can do whatever you like with it.
           | 
           | Epic can develop a jailbreak or use a jailbreak distribution
           | service to distribute their Apps. You can hack your phone and
           | if Epic's licensing allows that, you can install Epic games
           | yourself. You can hack your phone, install a special
           | distribution of Android to you iPhone and install it from
           | there.
           | 
           | Apple can't do anything about it. Not easy as tapping a
           | button you say? Well Apple is not obligated to make any of
           | this easy. They make it very clear that they support app
           | installation through Apple AppStore and and no point they
           | promise to help you out to install apps through any other
           | means. If you want to do that, you will have to do it without
           | the help of Apple.
           | 
           | Or you know, don't buy Apple devices if the arrangement
           | doesn't work for you.
        
             | mattnewton wrote:
             | This seems to be overstating Apple's position as neutral
             | here, they are actively hostile to jailbreakers, and Apple
             | will try to stop you any way they can.
        
               | dkonofalski wrote:
               | Jailbreaking, by definition, is using exploits and
               | vulnerabilities in the security of the device to bypass
               | said security. Of course Apple is going to try and stop
               | that. If they didn't, they'd be admitting that they don't
               | care about the security of their devices which is a
               | _major_ factor in why people and companies buy their
               | devices.
        
               | rscoots wrote:
               | Hmm then possibly Apple could simply allow consenting
               | users to install software by means other than their
               | highly-regulated appstore cash grab.
               | 
               | Every major cosumer 'computer' in history has allowed
               | this as far as I can tell. Yet for some reason now in the
               | last few years its unthinkable on specifically Apple
               | devices. I'm sure it's merely a coincidence they make
               | billions of dollars off of this overly draconian
               | "security" framework.
        
               | mrtksn wrote:
               | I agree. The practical result of the current situation is
               | that Apple can choose what apps most people can install
               | into the their devices but this needs to be framed
               | correctly because Apple actually targets the developers
               | and not the users when they practically control the app
               | distribution to the devices they sold.
               | 
               | Why is it important? Because when described incorrectly,
               | solutions will also be incorrect. Apple doesn't control
               | it because Tim Cook gets hard when doesn't allow some
               | apps into the phones of the customers. They do it because
               | they want to be paid for the intellectual properties and
               | opportunities they provide, they also want to be able to
               | continue selling iPhones at premium prices and in this
               | competitive environment they want to be able to control
               | the working of the devices so to provide premium
               | experience.
        
               | spywaregorilla wrote:
               | > they want to be able to control the working of the
               | devices so to provide premium experience.
               | 
               | Well too fucking bad. They can offer their premium
               | services as a fair competitor in the market and if people
               | want that, they can choose it, and if they don't, they
               | can choose other things.
        
               | mrtksn wrote:
               | > They can offer their premium services as a fair
               | competitor in the market and if people want that, they
               | can choose it, and if they don't, they can choose other
               | things.
               | 
               | Yes, that's exactly the situation. If people don't like
               | it, they go buy a Samsung, a Pixel, Xiaomi, a Huawei, a
               | Sony etc. There's no need for Apple be compelled do
               | anything, there are plenty of options when you don't like
               | the Apple offerings.
               | 
               | And those alternatives are not like Bing to Google, these
               | are very viable alternatives where Apple is actually a
               | small minority of the market. It's %50 in the US and
               | much, much less in the rest of the world.
        
         | maxsilver wrote:
         | The problem with this logic, is that Apple isn't really a
         | "business" in this case. Epic and Apple aren't really "business
         | partners". Apple is an unregulated privately-owned quasi-
         | government entity with none of the responsibilities or checks
         | on authority that a real government has.
         | 
         | You can sue the Post Office, lose your case, and know they
         | can't retaliate by stealing all your mail forever. You can sue
         | the Department of Labour, lose a case, and still have the right
         | to hire employees in the future. You can sue the Fire
         | Department, lose a case, and still reasonably trust they won't
         | burn down your house. You can sue your local Power Company,
         | lose your case, and still trust that they can't unilaterally
         | ban you from ever buying Electricity again.
         | 
         | But you _can 't_ ever sue Apple, over _anything_ , ever, no
         | matter how evil Apple is, no matter how heinous Apple's
         | activity may be. Because no matter how valid or correct your
         | complain is, no matter what happens, they'll just black-bag
         | your entire digital existence in retaliation.
         | 
         | Apple is acting like a Government, Apple is ruling like a
         | Government, but Apple has none of the oversight or
         | accountability we'd demand from any reasonable Government.
         | 
         | Folks are thinking of Apple like it's just a video game
         | console, when the more apt comparison is Comcast or AT&T. Apple
         | shouldn't be _allowed_ to control what does or does not live in
         | the App Store, for the same reason that Comcast shouldn 't even
         | be _allowed_ to decide what websites or services you do /don't
         | use.
        
           | sneak wrote:
           | This is patently false. Apple cannot "black-bag your entire
           | digital existence".
           | 
           | Just stop using Apple devices. They're not the government.
        
           | judge2020 wrote:
           | > for the same reason that Comcast shouldn't even be allowed
           | to decide what websites or services you do/don't use.
           | 
           | Internet is not regulated like this. ISPs can and do ban you
           | for torrenting or going to certain websites because they're
           | not a general utility.
        
           | judge2020 wrote:
           | Your post would hold up if the court didn't already decide
           | that Apple is not, in fact, a monopoly. The market in the
           | lawsuit was defined as "digital mobile game transactions"
           | 
           | https://regmedia.co.uk/2021/09/10/epic-v-apple.pdf
        
             | eldaisfish wrote:
             | the court then has a limited understanding of what a fine
             | line they are walking, both in legal and practical terms.
             | 
             | Many laws and tests - especially the one used to determine
             | monopolistic practices - are horribly outdated and based on
             | ideas and assumptions from before the internet age. That
             | the court failed to see how an app store where an
             | unregulated corporation makes rules without oversight,
             | repercussions or much legal precents - is indeed skirting
             | the line of what constitutes a monopoly is tragic.
             | 
             | Take a look at that judgement - not a single example exists
             | there for digital monopolies. The insidious part of a
             | digital monopoly - as already pointed out - is that there
             | is no precedent and apple are now the digital equivalent of
             | highwaymen.
             | 
             | Expect this to happen more often to the point where these
             | laws and tests are updated for the modern age. One that i
             | foresee is Amazon and their Basics line of products.
        
             | kllrnohj wrote:
             | The court made that decision under the existing legal
             | framework. That does not mean, nor even imply, that the
             | existing legal framework is fair & just nor that it has
             | kept up with modern structures.
        
               | judge2020 wrote:
               | This is because courts in the U.S. tend to not try to
               | 'legislate from the bench' - if you want laws changed you
               | have to get legislators to do it, a lawsuit won't.
        
           | abduhl wrote:
           | >> Apple is acting like a Government, Apple is ruling like a
           | Government, but Apple has none of the oversight or
           | accountability we'd demand from any reasonable Government.
           | 
           | You just listed how Apple is not acting like a government:
           | they're retaliating. I don't understand how you can say
           | "Apple's retaliatory and discriminatory practices in choosing
           | who to do business with is the touchstone of government" at
           | the same time you list four perfectly good examples of a
           | government entity not being able to do exactly what you say
           | is the touchstone of a government.
           | 
           | You're wrong. Apple is a private company. Doing business with
           | people you want to do business with, and not doing business
           | with people you don't want to do business with (barring
           | certain discriminatory practices), is literally what
           | distinguishes private companies from government entities. If
           | you want to argue that the App Store or iPhones or iMacs or
           | MacBooks are somehow critical public infrastructure that
           | should be governed by, apparently, common carrier laws then
           | you should do that directly.
        
             | Jensson wrote:
             | > You just listed how Apple is not acting like a
             | government: they're retaliating.
             | 
             | Responsible governments doesn't retaliate, oppressive
             | governments tend to retaliate a lot. So you are right,
             | Apple isn't acting like a responsible government, but the
             | argument was that it is acting like an oppressive one.
        
               | abduhl wrote:
               | Somehow acting like Not-X makes you X? If it walks like a
               | duck, quacks like a duck, is organized under state laws
               | explicitly as a duck, and sits on top of the water like a
               | duck, it's an eagle?
        
               | Jensson wrote:
               | No, the argument isn't "Apple is like a government since
               | Apple is retaliating". The argument is "Apple is like a
               | government and therefore shouldn't be allowed to
               | retaliate".
               | 
               | And no, saying "They are retaliating and therefore not a
               | government" is not a good defence to the argument "Apple
               | is like a government and therefore shouldn't be allowed
               | to retaliate".
        
               | abduhl wrote:
               | I understand the definitional argument that is being
               | made, but it still makes no sense. This was the
               | statement: " Apple is an unregulated privately-owned
               | quasi-government entity with none of the responsibilities
               | or checks on authority that a real government has."
               | 
               | A quasi government isn't a government. A privately owned
               | and unregulated entity isn't a government. That's the
               | whole point. If you beg the question by assuming Apple is
               | like a government then of course Apple should be treated
               | like a government. But on the face of the analysis,
               | they're not like a government. You need to support how
               | they're like a government. What about them is like a
               | government? Everything the GP talks about are ways that
               | Apple is NOT like a government. It does not support the
               | argument that they ARE a government.
               | 
               | It's like saying "Apple is a duck, but it isn't acting
               | like a duck because it's acting like an eagle!" and then
               | when someone says "but Apple is an eagle by law and has
               | always been thought of as an eagle, how did they become a
               | duck?" you responded with "you're missing the point, I
               | said they're a duck so they should act like one!"
        
               | judge2020 wrote:
               | The comment makes no arguments for this point, though -
               | it establishes an opinion (Apple acting like a
               | government) then starts listing off facts like they
               | support that argument.
        
           | _fat_santa wrote:
           | > The problem with this logic, is that Apple isn't really a
           | "business" in this case. Epic and Apple aren't really
           | "business partners". Apple is an unregulated privately-owned
           | quasi-government entity with none of the responsibilities or
           | checks on authority that a real government has.
           | 
           | Are there any parallels in history we can point to for stuff
           | like this? Maybe Standard Oil? I've been thinking alot about
           | these massive companies lately, they are so massive and so
           | intertwined in our society that maybe we should consider a
           | new class of laws and regulations for these companies.
           | 
           | I think we should have a new class of laws and regulation
           | called "for the common good" or something like that, and
           | apply it to companies that have more than say 100M users. The
           | libertarian in me hates this, but I think we also have to
           | consider that these companies are larger and more influential
           | then we ever though possible.
        
           | weixiyen wrote:
           | I agree with this, Epic is forcing Apple into a no-win
           | situation where they either do what Epic wants or come off
           | very poorly to regulators.
           | 
           | Epic doesn't need to win this specific court case to get what
           | they want, all they need is for this to stay top of mind for
           | lawmakers to change the rules in favor of developers.
        
           | Razengan wrote:
           | > _Apple is an unregulated privately-owned quasi-government
           | entity_
           | 
           | JFC
           | 
           | Apple allows 3rd-party shit on Macs. The App Store is a
           | store, just like Google Play and Steam etc. And iPhones and
           | iPads are a platform, just like the PlayStation, Xbox, or
           | Nintendo Switch etc.
           | 
           | Show us one instance where someone violated the T&C of any
           | other store or platform and were still allowed to continue to
           | do business there.
        
             | vibrato2 wrote:
             | United States federal interstate system
        
             | maxsilver wrote:
             | > iPhones and iPads are a platform, just like the
             | PlayStation, Xbox, or Nintendo Switch etc.
             | 
             | Thank you for perfectly illustrating my point. : Folks are
             | thinking of Apple like it's just a video game console, when
             | the more apt comparison is Comcast or AT&T.
        
               | UnpossibleJim wrote:
               | Even if you think of it as a gaming platform (which it
               | isn't)... there's Nintendo, Playstation, Xbox, PC, Mac,
               | Steam (also on PC and Mac, but separate to itself)... I
               | might have missed some niche platforms. As opposed to
               | mobile, which is Apple and Android.
        
         | 2OEH8eoCRo0 wrote:
         | It's complicated. Right now Apple makes $0 from Fortnite, if
         | they allow them back they will at least get something. Don't
         | let emotions get in the way of business- there is still money
         | to be made. This feels petty on Apple's part unless they are
         | using this to send a message to anyone else who wants to sue
         | them.
        
           | criddell wrote:
           | The landscape is changing so fast that Apple probably will
           | lose control of their app store in the not too distant
           | future.
           | 
           | Despite still being twice as large as iOS, the Android
           | ecosystem isn't doing very well. If Apple isn't a monopolist
           | today and trends continue, it's only a matter of time before
           | it unquestionably is. At that point they aren't going to be
           | able to dictate terms any longer.
        
             | 2OEH8eoCRo0 wrote:
             | > If Apple isn't a monopolist today and trends continue,
             | it's only a matter of time before it unquestionably is.
             | 
             | That's exactly what the judge said.
             | 
             | > In sum, given the totality of the record, and its
             | underdeveloped state, while the Court can conclude that
             | Apple exercises market power in the mobile gaming market,
             | the Court cannot conclude that Apple's market power reaches
             | the status of monopoly power in the mobile gaming market.
             | That said, _the evidence does suggest that Apple is near
             | the precipice of substantial market power, or monopoly
             | power_ , with its considerable market share. Apple is only
             | saved by the fact that its share is not higher, that
             | competitors from related submarkets are making inroads into
             | the mobile gaming submarket, and, perhaps, because
             | plaintiff did not focus on this topic.
        
           | isatty wrote:
           | I'm fairly certain this was calculated. Someone crunched the
           | numbers and included this into the equation and sticking it
           | to epic came on top. This isn't a purely emotional decision
           | even though it seems that way.
        
           | MarcoZavala wrote:
           | I have such a valuable reply and you'll never see it because
           | dang is a huge faggot who shadowbans people.
        
           | siva7 wrote:
           | I suspect it's the latter
        
         | onion2k wrote:
         | _Tell me again why would _you_ do business with anyone like
         | that?_
         | 
         |  _me looking at the massive pile of money fortnite generates_
         | Yes.
        
           | smiley1437 wrote:
           | > Tell me again why would _you_ do business with anyone like
           | that?
           | 
           | > me looking at the massive pile of money fortnite generates
           | Yes.
           | 
           | Even if it risks your future earnings of literally hundreds
           | of billions of dollars?
           | 
           | Apple made about 100 million (0.1 billion) from Fortnite. A
           | lot of money, to be sure.
           | 
           | https://fortune.com/2021/05/19/apple-fortnite-epic-
           | games-100...
           | 
           | But 2020 App store gross revenue was 72 billion, 30% of that
           | is 21 billion and it's growing rapidly.
           | 
           | https://www.statista.com/statistics/296226/annual-apple-
           | app-...
           | 
           | Making another 0.1 billion to risk losing hundreds of
           | billions in the future seems like a poor strategy.
        
             | jfoster wrote:
             | Your premise seems to be that Epic being back on the app
             | store increases the risk of change for Apple, but I would
             | argue that making some degree of peace with Epic definitely
             | decreases the risk of change for Apple. The only way I can
             | rationalise Apple not allowing them back on is that Apple
             | would like for that to be part of a settlement agreement.
        
               | smiley1437 wrote:
               | Apple was 'at peace' with Epic before, right up until
               | they got stabbed in the back with the hidden alternative
               | payment option snuck into the game.
               | 
               | Fool me once, shame on you.
        
           | turdnagel wrote:
           | I'm sure Fortnite IAP would generate good money for Apple,
           | but it's not enough to justify giving up the control they
           | want to keep, rightly or wrongly.
        
       | twirlock wrote:
       | It doesn't matter because within six months people will start
       | realizing that the game fucking sucks.
        
       | dirkg wrote:
       | Is anyone surprised? Apple is one of the most vengeful and anti-
       | competition companies ever and their goal is to lock consumers
       | into their ecosystem and rip them off, and god help any company
       | that tries to get in the way.
       | 
       | They are a bully and can act this way because Epic to them is
       | meaningless. Theres only a handful of companies who can actually
       | threaten Apple with their same medicine at this point, and
       | unfortunately this means consumers suffer.
        
       | Mikeb85 wrote:
       | And this is why I refuse to give Apple any money whatsoever (also
       | Microsoft for past shenanigans). User freedom matters. At least
       | on Android, you can sideload apps (very easily too these days) if
       | Google (or Samsung or Huawei or whichever app store you have)
       | decides to ban an app. And Linux of course is completely free.
        
         | stiltzkin wrote:
         | Good luck playing Fortnite on a Linux smartphone.
        
           | Mikeb85 wrote:
           | Anyhow, I referenced Linux as an example of a free OS since I
           | mentioned all Apple products and MS (ie. Windows) as examples
           | of non-free platforms.
           | 
           | And Fortnite does run on Android.
        
           | swebs wrote:
           | It would be a reasonable possibility if Tim Sweeny wasn't
           | such a raging hypocrite.
        
       | CalChris wrote:
       | The applicable legal maxim is _Justice delayed is justice
       | denied._
       | 
       | https://en.m.wikipedia.org/wiki/Justice_delayed_is_justice_d...
        
       | spzb wrote:
       | Starting to sound like Epic have bitten off more than they can
       | chew.
        
       ___________________________________________________________________
       (page generated 2021-09-23 23:02 UTC)