stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

Apple got fined $2B for its illegal pre-DMA conduct on this issue, and still thinks it can withhold 'following the law’ until you sign up for an entitlement, a 27% Apple tax, and give Apple audit rights to your company. Which is all completely illegal under the DMA.

lol

The fines can't come quick enough or heavy enough.
https://mastodon.social/@macrumors/112328353754517763

pixelscience,
@pixelscience@mastodon.social avatar

@stroughtonsmith @macrumors You seem so sure. What if the DMA is a poorly written law?

stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

@pixelscience @macrumors the DMA will be policed on the spirit of the law, even if that were true (which it's not — the people who have seeded such an idea are the ones with close Apple PR ties; just because Apple doesn't like the law doesn't mean it's poorly written. It is the most tech-savvy set of laws I've ever seen, which is why it has had an immediate impact on Apple's products)

pixelscience,
@pixelscience@mastodon.social avatar

@stroughtonsmith Strong opinions. I’m not convinced.

The crux of the DMA is what’s considered “fair” and “reasonable”.

DMA requires companies to provide transparency and open access to customer data. Apple, “Let’s have that for third parties.” Fair?

Is it reasonable for Apple to charge third parties for using their software and APIs — UIKit, Foundation, the drivers for the hardware, the boot loader?

I want to hear the EC’s courtroom argument for imminent domain of 40+ years of Apple IP.

dmitriid,
@dmitriid@mastodon.nu avatar

@pixelscience @stroughtonsmith

Apple doesn't charge for using the OS.

Apple charges 30% of every transaction, and wants to charge 27% for every transaction it's not even involved in.

If they want to charge for the OS, they should charge a flat fee for the OS.

pixelscience,
@pixelscience@mastodon.social avatar

@dmitriid @stroughtonsmith Some type of “core technology fee”? An intriguing idea.

Could be a small amount plus some fair and reasonable percentage of every transaction. Or it could be a large amount you have to pay upfront before you even have customers.

dmitriid,
@dmitriid@mastodon.nu avatar

@pixelscience @stroughtonsmith

> ome type of “core technology fee”?

Core Technology Fee isn't a flat fee. And it is specifically designed to be prohibitively expensive.

> Could be a small amount plus some fair and reasonable percentage of every transaction

What does Apple have to do with transactions it has no part in?

pixelscience,
@pixelscience@mastodon.social avatar

@dmitriid @stroughtonsmith I can’t avoid using Apple’s software.

Even if my app embedded my own UI framework, text rendering, networking stack, software language runtime…

… I’d still need to use Apple’s hardware drivers to run on an iPhone.

Apple has a right to license its software at a profit. EC can require “fair” and “reasonable” access to software.

If EC says “it’s unfair to ask for similar licensing terms from 3rd parties as it offers 1st parties” then that’s a court case to hear.

stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

@pixelscience @dmitriid in a perfect world, maybe. But Apple forwent the benefit of the doubt with the years of actively illegal conduct, conduct we all knew was bad and 'something should be done about this’ and now have an answer for. Everything Apple built and made bank on, undeserved, because of its illegal conduct (including its platform, and its grasp on the software ecosystem) is now suspect. They might end up 'paying that back' for the next decade, not profiting from it freely

pixelscience,
@pixelscience@mastodon.social avatar

@stroughtonsmith @dmitriid So I understand you properly, your argument is, “Apple Bad. So, I get to be bad to Apple”?

stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

@pixelscience @dmitriid ‘I' doesn't enter the picture here. Apple walked itself into a situation where it will be legislated heavily and harshly, and is facing down record-breaking fines. All of this was optional; they could have changed their conduct years ago. They chose not to. There is no argument, this is fact. Do I think they deserve the consequences? Absolutely. While you're arguing in their defense, they are simultaneously telling the world that third party developers are leeches. Gg

pixelscience,
@pixelscience@mastodon.social avatar

@stroughtonsmith That’s a lot of words to say, “yes”

pixelscience,
@pixelscience@mastodon.social avatar

@dmitriid @stroughtonsmith Honestly, I’m surprised that anyone thought things would play out differently. “EU says Apple has to allow alt stores… free SDKs, everyone!”

I don’t think anyone is that dumb. I wonder why this is a debate.

dmitriid,
@dmitriid@mastodon.nu avatar

@pixelscience @stroughtonsmith

This still doesn't answer the questions of why is Apple entitled to transactions that Apple has no part of?

Also, Apple doesn't license software at a profit. There are no licensing terms. There are "you pay us 30% of all of your transactions, and we want you to pay 27% for all transactions anywhere in the world on any platform".

As for hardware... People have already paid Apple for the hardware.

pixelscience,
@pixelscience@mastodon.social avatar

@dmitriid @stroughtonsmith > This still doesn't answer…Apple entitled to transactions…

I think you’re being deliberately dense. I can’t take this seriously.

> There are no licensing terms.

Someone go tell Apple to delete this. https://developer.apple.com/support/terms/

> As for hardware... People have already paid Apple for the hardware.

Great. If you want alt stores then a suitable solution is to erase the boot loader from iPhone.

This isn’t an argument I’m going to continue until you demonstrate reason.

dmitriid,
@dmitriid@mastodon.nu avatar

@pixelscience @stroughtonsmith

> I think you’re being deliberately dense. I can’t take this seriously

I honestly cannot see the answer to that.

> Someone go tell Apple to delete this.

You got me there :)

> Great. If you want alt stores then a suitable solution is to erase the boot loader from iPhone.

Why? I, as a user, have paid Apple for hardware. Why are you saying that Apple is entitled for more money because "the app is running on this hardware"?

dmitriid,
@dmitriid@mastodon.nu avatar

@pixelscience @stroughtonsmith

Riddle me this: why doesn't the same logic apply to MacOS? Or Windows?

pixelscience,
@pixelscience@mastodon.social avatar

@dmitriid @stroughtonsmith Because of the developer license agreement I signed to have access to Apple’s SDK.

Is this too complex?

This has reached the point where there’s no difference if you’re actually as naive as you seem or being a troll.

stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

@pixelscience @dmitriid (that same developer license has been ruled illegal in the EU, and has a $2B fine attached and open, EU-backed liability for others to sue about it)

pasavito,
@pasavito@twit.social avatar

@stroughtonsmith @macrumors
Devils advocate. “Spotify does not currently pay Apple any money, and it does not want to.”. Do you think it’s fair for Spotify to get a platform to make money on for free?

stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

@pasavito @macrumors first Apple can follow the law, and then we can debate who deserves what. Apple’s platform in Europe is nothing without the European citizens, developers, networks, suppliers, distribution mechanisms underneath. Part of getting access to our citizens (et al) is following our laws. Apple thinks it owns its users, and can do whatever it wants to/for/with them; not so

Mayanja,

@stroughtonsmith @pasavito @macrumors For those who think apple is in its right - let's also increase all Uber fares by 27% and all Amazon shopping by 27% when done through the apps. They use the platform just the same way as Spotify does. Uber benefited just as much from the rise of mobile phones.

Somehow only digital good are subjected to the Apple tax.

Also if we didn't have Spotify, we'd still be buying iTunes tracks.

Starfia,
@Starfia@mastodon.social avatar

@stroughtonsmith

(As with China.)

dbarros,
@dbarros@mastodon.social avatar

@stroughtonsmith “So if Spotify puts a link in its app and a user clicks it and subscribes, Spotify would owe Apple a 27 percent commission”

Does that mean that if someone tapped that link and subscribed to Spotify, Apple gets 27% every month of the subscription period?

stroughtonsmith,
@stroughtonsmith@mastodon.social avatar

@dbarros you'd have to get deep into the weeds to figure that one out; I think Apple demands 27% of all revenue generated from the user that clicked the link for 7 days, and for each subsequent renewal of a subscription?

dbarros,
@dbarros@mastodon.social avatar

@stroughtonsmith Apple is acting more like the mobster that comes to your business to demand monthly protection money.

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