Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Apple does market the iPhone as a general-purpose communication and computing device. Not an appliance like a game console. Most iPhone users don't know what making an app is like, how asinine the app store review process is, and what kinds of bonkers rules developers have to follow.

Apple initially did that to protect the ecosystem from malware and make sure all apps meet their quality standards. Also to make distribution easy for indie developers. All commendable goals. But as the iOS market share grew, this turned into a very convenient revenue source that they can't let go now.



The Original iPhone didn’t have any apps and Apple later created their own ecosystem with an end user agreement which supersedes the ads.

The digital market should be regulated for sure but what’s happening is a bunch of companies who are in the digital market (and not regulated themselves) exploiting the public sentiment and the regulatory processes.

Spotify and others fail to mention that they were able to access billions of Apple customers without paying a single dime to Apple initially which is unheard of in business relationships.


> The Original iPhone didn’t have any apps and Apple later created their own ecosystem with an end user agreement which supersedes the ads.

The whole "user agreement" thing is one of the biggest problems, because it means Apple thinks you buying an iPhone doesn't inherently entitle you to the advertised functionality of it.

Which is, to out it mildly, highly misleading and potentially illegal. The "small print" shouldn't contradict the big picture. You can't pretend you're selling a device and then turn around and declare that those sales were only about raw hardware and not actual functionality. That's not how products work, and most importantly, not how consumer protection laws see it.

The reason why Apple is so adamant in this line of reasoning is clear once you factor in the App Store rationale. From that perspective, any time a third-party app runs on a user's device and calls iOS APIs in order to actually function, it's not part of what the user actually paid money for. Any execution of any software that uses those APIs is an additional transaction altogether, dealt with separately through the iOS EULA. In short, Apple's position is that any time iOS does anything, either by default or powering a third-party app, it's not actually part of the functionality that was paid for in full by the iPhone's owner, because the owner never paid for ANY functionality at all, only the hardware.


It's called EULA Roofie. I think Apple will eventually fade away and be replaced by another company that has a more free and open platform. My main concern throughout this discussion is how we're drifting from regulating the digital market place itself. Preventing things like EULA Roofies etc. where somebody can track your personal life and sell it to others to manipulate you.

According to the App Store policies, if I remember correctly, technically all the customers belong to Apple. Although, the developers are also correct to see it the other way around as well.

The ecosystem was built on the assumption that hardware would be sold with its own profit margin and software would have its own separate profit margin to sustain its own operations, tools, and libraries.

The DMA made the entire software branch unsustainable and everybody thinks that Apple earned enough and they should give the software for free. Well, it's their platform and they're entitled to profit from it as they're pleased. Even the European Commission admitted that as well, because saying otherwise is akin to confiscating their intellectual property. I wouldn't bet the house on it but I think Apple would give up the European market before the core technology fee.


> Well, it's their platform and they're entitled to profit from it as they're pleased. Even the European Commission admitted that as well, because saying otherwise is akin to confiscating their intellectual property.

It is not a violation of someone's IP for a 3rd-party dev to make an app that interacts with that someone's OS. Software interacting with (and being compatible with/depending on) another doesn't touch the IP domain at all.


I keep seeing that argument made but it doesn't make any sense.

Yes, Apple may deserve a cut when a user was acquired thanks to the app store alone. Like in that case when you're an indie developer and the app store putting your app listing in front of potential new users is genuinely helpful. However, to many developers, and especially large ones like Spotify that do their own marketing, the app store is a hindrance. It's an obstacle they need to clear. It provides no value to them.

Spotify is able to "access billions of Apple customers" because Spotify spends millions on ads and because statistically some people who would like to use Spotify on their phone happen to have an iPhone. Apple has no part in this at all. Simple as that.


I would like to explain it, if you're genuinely interested.

Apple designs and manufactures incredible hardware and software. The ecosystem they created is beautiful, secure, and intuitive to use. When it was first announced, many people started using it even before they allowed apps on it. Apple later launched the App Store and allowed 3rd party developers access to their platform in exchange for a percentage of the sale price.

And this is where most people trip, it's their platform, not an open ecosystem. Apple is granting Spotify access to billions of Apple's users in exchange for a cut of the sale price. It doesn't matter if one person bought a subscription or one million, the platform still belongs to Apple. And in exchange billions of Apple customers are likely to purchase a subscription from Spotify.

If a company builds a 50,000 people capacity football stadium, and I open a concession stand in there in exchange for a percentage of the sales, can I say I want to sell to all these people without paying my contractual obligations? Spotify is free to sell their subscriptions and install their applications wherever they like but that's not the contractual agreement they had with Apple.

Private ownership is essential to our economy, Apple created this platform and their own it. Forcibly taking it from them would give all the wrong signals to everyone else about what could happen to them next. Who knows, maybe someone says you voted for the wrong party.

---

Digital marketplace, not just Apple or gatekeepers or whatever, must be regulated from the first principles. A couple of rich software companies cozying up to regulators and trying to force changes that will increase only their profit margins is not the way to do it in my humble opinion.


> . Apple is granting Spotify access

No. Those users control themselves. They are not Apples users. They own their own device and they are free to do whatever they want with the hardware that they own.

> the platform still belongs to Apple

No actually. The device is owned by the user.

> billions of Apple customers

They aren't Apples. They own their own device.

> e but that's not the contractual agreement they had with Apple.

Or instead of that, they can completely ignore apple's copntract, and force Apple by law to allow them access to this market. If apple doesn't like it, then they can leave the EU entirely, or accept 10s of billions of dollars in fines.

> Forcibly taking it

Its not Apples. The device belongs to the user.

> must be regulated from the first principles.

Ok, and what about the first principle of "A user owns there own device and should be free to pay Apple exactly 0 dollars for the ability to install spotify on the device that they own".


Thank you for writing it all out for me :D


You must be thinking this is all wrong. I completely understand and agree with your sentiment, but we're talking about what the contract says.

I'm not allowed to install any software I want on my car's computer, the platform belongs to them. They don't provide the tools, libraries, the know-how, or even sue the people who share it online. And similarly, according to Apple's EULA the devices cannot run any app that is not approved by Apple and they can even revoke their approval or even disable the phone.

Those were the license conditions the hardware sold under, which sounds very user hostile. Regardless, nobody has to buy their products, they chose to buy it because the benefits it provided surpassed the limitations. When Spotify created their developer account they knew what the limitations were as well. This isn't an open platform. One can sue Toyota to get access to install Spotify to Corollas and get another 500 million customers, but that also wouldn't work either.

The only thing that can stop Apple is people not buying their products and developers not making apps therefore reducing the value of their ecosystem. Only then they will by themselves would open the ecosystem, which they should've done 5 years ago.

Regarding the EU forcibly taking stuff over. Well, if push comes to shove, do you think the US would allow a 3 trillion dollar American company to be bullied, go after European companies or would they react in a really unpredictable way?

Apple devices are successful because they provide a great value. They didn't just sell the hardware like Nokia did, they kept delivering software updates and spend billions of dollars sustaining the ecosystem. The limitations were put to improve user experience, for example they didn't allow apps to run continuously in the background so that users can have all day battery life. The high level of control they have allowed them to provide greater value than other ecosystems which brought more users and so on. This requires continuous work to keep it running and they're entitled to be paid for their work.

And again, nobody has to buy their products, you can buy other products and install whatever software you want on those, and do whatever you want there. Android has a bigger marketshare and some people still use Nokia or Blackberry.

---

A digital marketplace consists of everyone that participates in the digital economy not just Apple. All the websites, service providers, apps, hardware manufacturers, users, companies, and their interactions.


> The only thing that can stop Apple is people not buying their products

Actually, we are quite literally in a thread where there is another option. That other option being to use the law to protect a consumers right to do whatever they want with the device that they own.

If Apple doesn't like it, then they can leave the EU.

> Regarding the EU forcibly taking stuff over.

They aren't taking anything over. They are simply protecting a user's right to do what they want with their own device.


You keep comparing appliances to general-purpose devices. You also act like the "accept to continue" legalese actually matters to anyone but the legal department that wrote it. Please stop.

When someone buys a car, they usually don't expect to run third-party software on it. They use it to get to places. They expect to use the built-in entertainment system to listen to music and maybe use CarPlay or Android Auto, and that's it.

When someone buys a smartphone, they expect to be able to install apps on it. That's the smartphone thing, that's what sets it apart from dumbphones. Third-party apps are what sells smartphones.

> Apple devices are successful because they provide a great value.

Uh sorry??? It may have been true 10 years ago, but an iPhone costs around $1000 now. That's outrageously expensive for what it is. You can say that about midrange Android phones, but definitely not about iPhones. You pay this much and still don't get to actually own the damn thing.

> for example they didn't allow apps to run continuously in the background so that users can have all day battery life

How is that related to the app store? Android does that as well. An app only gets to run in the background if it starts a "foreground service" which shows a persistent notification.

Sandboxing apps and enforcing their behavior does not require limiting what the user can do with their own device.

> This requires continuous work to keep it running

It absolutely does not. If iOS stopped getting updated 5 years ago, no one would've noticed. It's been a finished, feature-complete product for a long time.


If you’re not happy with the Apple products or the value you’re getting from them, then simply stop buying them or making apps for them.

You don’t have to use an iPhone. You’re welcome to use any Android based phone you’d like and install anything Google allows on it.

Or use any European based phone operating system. Oh wait, there’s none, because any phone company that became successful in Europe had to run away.


> If you’re not happy with the Apple products or the value you’re getting from them, then simply stop buying them or making apps for them. You don’t have to use an iPhone. You’re welcome to use any Android based phone you’d like and install anything Google allows on it.

Leaving aside all the idealist "I own it" stuff that's been repeated here many times, there's another angle to this.

If you're a mobile app developer, you're effectively forced to develop for Android and iOS, it's a duopoly.

Would you accept a status quo where there were only two store brands for the entire US, and any seller of any product at all had to use one, the other or both? And all citizens had to shop in one or the other, and couldn't even switch because it carried many additional costs?


There is another alterative. People can use the EUs laws, and Apple can either follow the law, or be fined 10s of billions of dollars, or leave the EU.

Apple is the one who will have to get with the program and will no longer be able to force users to not have control of their own devices.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: