or Connect
AppleInsider › Forums › General › General Discussion › Antitrust suit alleging App Store monopoly tossed due to procedural blunder
New Posts  All Forums:Forum Nav:

Antitrust suit alleging App Store monopoly tossed due to procedural blunder

post #1 of 46
Thread Starter 
A lawsuit claiming Apple has a monopoly over apps sold through the iTunes App Store was thrown out on Thursday, with plaintiffs found to lack grounds for complaint as they had never purchased the apps in question.

App Store


The procedural misstep, which prompted U.S. District Court Judge Yvonne Gonzalez Rogers to grant Apple's motion to dismiss the case, will likely be only a brief respite as the complaint can simply be amended and refiled, reports Bloomberg.

Plaintiffs did not prove ?collective allegations that they have been deprived of lower cost alternatives, paid higher prices for Apple-approved applications, or had their iPhones disabled or destroyed," Judge Gonzales said in her order. "At a minimum, plaintiffs must allege facts showing that each named plaintiff has personally suffered an injury-in-fact based on Apple?s alleged conduct.?

The suit was first leveled against in 2011 and accuses Apple of conducting monopolistic practices by creating an ecosystem in which apps are only available through the App Store. Further, Apple's 30 percent cut of each sale inflates the price of apps, while the company disallows competition in the way of third-party alternatives.

In its March motion to dismiss, Apple pointed out that it does not set prices for apps sold through the App Store, nor are there laws against charging a percentage of proceeds for distribution.

Despite Thursday's setback, lawyer for the plaintiffs Alexander Schmidt said the judge's requirements are easily met, suggesting the group will refile in the near future.

post #2 of 46
These kind of lawsuits always make me angry. I make a product. I sell the product. You don't like it or how I chose to sell it? Fine. Just don't buy it.
Yeah, well, you know, that's just, like, my opinion, man.
Reply
Yeah, well, you know, that's just, like, my opinion, man.
Reply
post #3 of 46
More like plaintiffs are idiots.
post #4 of 46

I dont see how real customers could possibly waste time on that kind of lawsuit.  This has to be paid by Google, Samsung or Amazon...

 

otherwise, well, welcome to retarded land.

post #5 of 46

There are plenty of free apps on the App Store. If you think an app is too expensive, find one you can afford.

Life is too short to drink bad coffee.

Reply

Life is too short to drink bad coffee.

Reply
post #6 of 46
I'm filing a class action lawsuit against class action lawsuits.
Sign up at : STFU.com
post #7 of 46
Will blunders never cease?
post #8 of 46
Filing class action suits without errors... there's an app for that.
post #9 of 46
Apps for iOS devices are very low costing. Remember when an application for a Mac had a minimum cost in the $30-$40 range and we thought that was a great price. As for Apple being the only legal place to buy an iOS app, so what? It's Apple's product, why do they have to open it up to 3rd party vendors? Show me a law that says they have to allow this. When will the courts actually fine lawyers and plaintiffs for frivolous law suits?
post #10 of 46
I am glad there is only the Apple Store, it guarantees a level of quality. Can I launch a counter class action against the class action?
post #11 of 46
What a pathetic lawsuit...
post #12 of 46

The ios app store is the reason applications are so cheap. Are these idiot plaintiffs being injured by paying $0.99 for an app?

Help! I'm trapped in a white dungeon of amazing precision and impeccable tolerances!

Reply

Help! I'm trapped in a white dungeon of amazing precision and impeccable tolerances!

Reply
post #13 of 46
Can I sue Microsoft? I can only get Xbox apps through my Xbox.
post #14 of 46
Quote:
Originally Posted by starbird73 View Post

Can I sue Microsoft? I can only get Xbox apps through my Xbox.

Same with Sony, and Nintendo.
post #15 of 46
Quote:
Originally Posted by starbird73 View Post

Can I sue Microsoft? I can only get Xbox apps through my Xbox.

This 1smoking.gif

Help! I'm trapped in a white dungeon of amazing precision and impeccable tolerances!

Reply

Help! I'm trapped in a white dungeon of amazing precision and impeccable tolerances!

Reply
post #16 of 46
Quote:
Originally Posted by WonkoTheSane View Post

These kind of lawsuits always make me angry. I make a product. I sell the product. You don't like it or how I chose to sell it? Fine. Just don't buy it.

 

I would amend by saying unless you are a monopoly (ie, like Windows was) which you are leveraging in an inappropriate way. But that would require that the iPhone be declared a market onto itself, which it's not. It's part of the smartphone market, and Apple is nowhere near a monopoly in that market. So I think these guys can amend their lawsuit if they want, but it still isn't going anywhere because there are plenty of other smartphones with comparable options for apps (now settle down Fanboys...I said "comparable", not "on par with" LOL)

post #17 of 46
This is why people think lawyers are scum. You dont want the App Store, choice a different phone. Quit your bitching.
post #18 of 46

Oh dang.

 

I was going to sue Honda for having a monopoly on Honda Civics.

So much for that idea.

Sent from my iPhone Simulator

Reply

Sent from my iPhone Simulator

Reply
post #19 of 46

I am suing Appleinsider.com for only reporting Apple related news. 

post #20 of 46
Quote:
Originally Posted by lightstriker View Post

I am suing Appleinsider.com for only reporting Apple related news. 

 

Those days are long gone unfortunately. 1frown.gif

Where are we on the curve? We'll know once it goes asymptotic!
Reply
Where are we on the curve? We'll know once it goes asymptotic!
Reply
post #21 of 46
Quote:
Originally Posted by lightstriker View Post

I am suing Appleinsider.com for only reporting Apple related news. 

Do you see Apple when it reads Samsung or Android?
post #22 of 46
I hope Mr. Alexander Schmidt will be obligated to pay for all court costs.
post #23 of 46
Quote:
Originally Posted by lightstriker View Post

I am suing Appleinsider.com for only reporting Apple related news. 

 

I think you meant to say, "the Cupertino-based company"...

Proud AAPL stock owner.

 

GOA

Reply

Proud AAPL stock owner.

 

GOA

Reply
post #24 of 46
Why not sue Google for having contributed in creating a plethora of crap App Stores which confuses the hell out of every consumer in attempting to determine which app to download for their smartphone / tablet ???!!!
post #25 of 46
Quote:
Originally Posted by SpamSandwich View Post

I think you meant to say, "the Cupertino-based company"...

No, the iPhone seller
post #26 of 46
Quote:
Originally Posted by WonkoTheSane View Post

These kind of lawsuits always make me angry. I make a product. I sell the product. You don't like it or how I chose to sell it? Fine. Just don't buy it.

 

Consider the possibility that these kinds of lawsuits are pushed, behind the scene, by Apple competitors or those with a vested interest in seeing the most successful mobile ecosystem destroyed. We have already seen "anonymous" challenges to Apple patents. And we have also seen (failed so far) lawsuits claiming Apple has a monopoly on the Macintosh market. You just don't see this stuff being filed against Microsoft or Google or Samsung do you.

 

And of course there's always the idea that it's just lawyers trying to make a buck off Apple. Keep filing this crap until something hopefully sticks to the most valuable company on the planet and you can suck some money out them. Parasites you know.

post #27 of 46
Quote:
Originally Posted by srams123 View Post

Why not sue Google for having contributed in creating a plethora of crap App Stores which confuses the hell out of every consumer in attempting to determine which app to download for their smartphone / tablet ???!!!

Since when is 2 a plethora?
post #28 of 46
Quote:
Originally Posted by Wiggin View Post

 

I would amend by saying unless you are a monopoly (ie, like Windows was) which you are leveraging in an inappropriate way. But that would require that the iPhone be declared a market onto itself, which it's not. It's part of the smartphone market, and Apple is nowhere near a monopoly in that market. So I think these guys can amend their lawsuit if they want, but it still isn't going anywhere because there are plenty of other smartphones with comparable options for apps (now settle down Fanboys...I said "comparable", not "on par with" LOL)

That's right, all these monopoly things depend on how you define the market. I would say even Windows isn't a monopoly any more, because there are viable alternatives to using a PC now that weren't practical a few years ago.

post #29 of 46

Maybe a $500K non-refundable 'Filing Fee' might stop some of these court wasting suits.

The term here in Australia is.. Put Up.. Or Shut Up !!

post #30 of 46
This kind of a difficult argument to make when it was the App Store that first popularised the 99c price point for software.

I think we can all agree a 30% cut of sales is a small price to pay to ensure a curated experience free from malicious software and viruses.

Developers are vendors but they are also customers of Apple - the 30% commission they pay is the cost to access iOS users, an asset Apple has spent a lot of time, effort and money accruing.

Does a street hawker have the right to set up shop within a supermarket, at no cost, and leech off the foot traffic?
Edited by Dunks - 8/15/13 at 6:59pm
post #31 of 46
Quote:
Originally Posted by AppleInsider View Post

A lawsuit claiming Apple has a monopoly over apps sold through the iTunes App Store was thrown out on Thursday, with plaintiffs found to lack grounds for complaint as they had never purchased the apps in question.

Not to mention that it was a stupid complaint with no legal basis. They'll refile and it will be thrown out again for lack of legal grounds for the complaint. "I don't like it' isn't legal grounds.
Quote:
Originally Posted by lkrupp View Post

Consider the possibility that these kinds of lawsuits are pushed, behind the scene, by Apple competitors or those with a vested interest in seeing the most successful mobile ecosystem destroyed. We have already seen "anonymous" challenges to Apple patents. And we have also seen (failed so far) lawsuits claiming Apple has a monopoly on the Macintosh market. You just don't see this stuff being filed against Microsoft or Google or Samsung do you.

And of course there's always the idea that it's just lawyers trying to make a buck off Apple. Keep filing this crap until something hopefully sticks to the most valuable company on the planet and you can suck some money out them. Parasites you know.

I can't say for sure that Apple's competitors are behind it, but it wouldn't surprise me. After all, Amazon appears to have been behind the DOJ suit.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #32 of 46
Hmm.. remember there was an alternative to the App Store and that's no third party apps on the iPhone. How would these guys like it if Apple turned off the App Store?
post #33 of 46
So how many 70c Apps would you have to sell to cover the cost of hosting and selling 70c Apps?

Apple should be awarded costs, which may make the losing party rethink their resubmission.
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
Better than my Bose, better than my Skullcandy's, listening to Mozart through my LeBron James limited edition PowerBeats by Dre is almost as good as my Sennheisers.
Reply
post #34 of 46
How about web apps? If there were lots of people truly upset with Apple's cut on the App Store, I would think that there would be a healthy market for web apps. This is even what Apple originally proposed with the initial release of the iPhone.

Ah well, this isn't truly about choice, it's about the Benjamins.
post #35 of 46
Quote:
Originally Posted by jragosta View Post


Not to mention that it was a stupid complaint with no legal basis. They'll refile and it will be thrown out again for lack of legal grounds for the complaint. "I don't like it' isn't legal grounds.
I can't say for sure that Apple's competitors are behind it, but it wouldn't surprise me. After all, Amazon appears to have been behind the DOJ suit.

 

Google, mentioned in an earlier post, doesn't seem a likely culprit: the Play Store has the same features as the App Store (so far as the suit is concerned).

post #36 of 46
Quote:
Originally Posted by Dunks View Post

This kind of a difficult argument to make when it was the App Store that first popularised the 99c price point for software.

I think we can all agree a 30% cut of sales is a small price to pay to ensure a curated experience free from malicious software and viruses.

Developers are vendors but they are also customers of Apple - the 30% commission they pay is the cost to access iOS users, an asset Apple has spent a lot of time, effort and money accruing.

Does a street hawker have the right to set up shop within a supermarket, at no cost, and leech off the foot traffic?

It's not an unusual rate either. Places like Downtown Disney charge a similar fee to vendors.
post #37 of 46
Originally Posted by lightstriker View Post
I am suing Appleinsider.com for only reporting Apple related news. 

 

You've lost that suit alreadylol.gif1wink.gif

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

Reply

Originally Posted by Slurpy

There's just a TINY chance that Apple will also be able to figure out payments. Oh wait, they did already… …and you’re already fucked.

 

Reply
post #38 of 46

If they want freedom to shop, there is OS/X, Windows PC, Linux and Android.

 


The whole world is no monopoly.

post #39 of 46
Quote:
Originally Posted by lightstriker View Post

I am suing Appleinsider.com for only reporting Apple related news. 

 

You loose before you start...they have Android and, shhhhh...Scamsung articles. lol.gif

post #40 of 46
Quote:
Originally Posted by AppleInsider View Post

The suit was first leveled against in 2011 and accuses Apple of conducting monopolistic practices by creating an ecosystem in which apps are only available through the App Store. Further, Apple's 30 percent cut of each sale inflates the price of apps, while the company disallows competition in the way of third-party alternatives.

I could see it having some merit if 90% of devices shipped were iOS devices and if software was priced very high. Neither of those are the case. Apple is at over 500 million iOS devices, Android 900 million. It's about 1/3 of the market worst case. I could see developers having suffered if they have been blocked from selling apps but the same goes for indie game console development.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Discussion
AppleInsider › Forums › General › General Discussion › Antitrust suit alleging App Store monopoly tossed due to procedural blunder