davidw

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davidw
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  • Epic resubmits 'Fortnite' to the App Store for review, as its initial request seemingly ig...

    I hope Apple continues to ignore Epic, not because I have anything against Fortnite being on the App Store, but this brings more attention to Apple and its abuse of its platform. So Apple, please carry on! 

    FYI- This is what "...... abusing its platform" looks like.




    Apple (and Google) should ban Epic Games from their app stores,  for life ..... for abusing its platform.





    watto_cobra
  • Prepare for a scam gold rush with the App Store changes

    mike1 said:
    I said this in an earlier post, but I hope there will be an option in settings to choose the app store as the only place from which to download.

    Better yet, let Apple device users have a choice to install a version of their OS that do not allow for any installation of third party app stores. This way, there's no way they can be  "phished" into installing a third party app store or have malware installed by way of security bugs in the coding added to the OS, that allows for third party app stores and the installation of apps from them.  Apple can call this safer and more secure version  ......... iOS "Classic". And one can change their choice at any time in the software update settings.

    Apple can publish how many of their users are on the new version of the OS that allows for third party app stores and how many are choosing to use the "Classic" version. This way developers can get an idea of how many potential customers there are, when they put their apps in a third party app store. Plus any malware taking advantage of the OS coding needed to install third party app stores and the installation of apps from them, will only affect users of the new version of the OS. Users that chooses to install the "Classic" version will still be more safe and secure.

    If Apple device users are given a choice, my bet is that the percentage of users that chooses to install the version of the OS that allows for third party app stores, will about mirror the percentage of users that jail breaks their Apple devices. Probably less than 10% now of days. And is why it's no coincidence that the Google Play Store market share is in the 90% range. Only about 10% of users (on both platforms) cares to or have a need to, install their apps from third party app stores (or by side loading).  
    haluksJanNLmike1watto_cobra
  • App Store Freedom Act hopes to bring alternative app stores to US iPhones

    sirdir said:
    docbburk said:
    All without compensation? That's what they are trying to do to Apple. 
    I think they can still get compensation. But why, I thought they sell phones. Why shouldn’t the OWNER of the phone have a choice where he licenses his software??

    The EU DMA and any similar bills, couldn't care less about any perceive rights of a mobile phone OWNER, to have a choice of where they license their software. These bills are not about the consumers. The DMA is NOT a consumer rights bill. Consumer protection is NOT one of its main goal. Any benefit to consumers is purely a side affect and is not a requirement when the commission go fishing for violations based on made up BS criteria that has never been proven to be the threshold limit for anti-competitiveness.

    The DMA is billed as  a "fair" competition bill. It's goal to see the the 5 largest US tech companies competes on a level playing field by limiting their abilities to profit from their IP and by forcing them to give away their innovations to competitors, so they can better compete against the big 5 US tech companies. There is no requirement for companies that competes with the big 5 US tech companies, to invest in R&D, in order to better compete. Their R&D  consist of being able to leach off the big 5 US tech companies by crying loud enough to the government about how "unfair" it is for the big 5 US tech companies to have the money and resources to innovate and then not share those innovations for free, with its competitors. WAH WAH cry the CEO of Spotify and Epic Games.

    As a consumer and the OWNER of a mobile phone, your choice of where you want to license software is limited by where the developers offer their software for licensing. Not on any consumer rights you might think you have in choosing where you want to license software. If a developer only develops for Android, an IPhone owner has no inherent rights to force the developer or Apple, to make that app available on iOS. If developers only wants to have their apps available in the Apple App Store or Google Play Store, the phone OWNERS has no choice to demand that the developers make their apps available for sideloading, because sideloading is how they want to license software.

    The phone OWNERs rights to choose where to license their software takes third place behind the developers rights to choose where to offer their software for licensing, which is behind the rights of the IP owners of the phone OS, to control and profit from their IP. The EU DMA goal is to erode the IP owners rights to control and profit from their IP, in order to benefit the developers perceived rights to profit from using others IP for free, on some not need to be proven and not required, premise that the phone OWNERS might also benefit.
    ihatescreennamestiredskillsashsaturdaywatto_cobra
  • Apple to buy back $100 billion in stock, raise dividend by 4%

    Stock buy backs were rightly illegal up until the old nut Reagan made them okay. It is stock manipulation on the way into and out of the process. Here's hoping some day rational thought will prevail again since it did at one time.

    Buy backs are not "stock manipulation". The reason why buy backs were illegal before 1981 was because a company doing buy backs could easily manipulate the stock price, when doing their buy backs. Which is why the SEC came up with Rule 10b-18 in 1981. Rule 10b-18 set up some grounds rules on how buy backs must be done, so to limit the ability for companies to manipulate stock prices with their buy back trades. Rule 10b-18 is the reason why buy backs are no longer illegal as far as "stock manipulation" is concern.


    A company stock gong up after they announce a $100M buy back because of investors that likes the idea of buy backs and buying more shares, that is not "stock manipulation". That is no different than if a company announced that they will buy out an innovative company for $100M and investors liking that idea, driving the price up by buying more shares. It would be a form of "stock manipulation" if the company did not go through with the buy back, after announcing a $100M buy back.

    The reason why the SEC made buy backs illegal before 1981 was because a company would have been able to easily affect (manipulate) their stock prices during the trading day, by buying back some shares at every dip. Thus preventing the stock price from dropping any further. Or bidding up the price by asking above independent market prices and then buying back at that higher price. And they can do this with every buy back trade they make. But Rule 10b-18 changed all that. With buy backs, a company can only go through 1 broker and all the shares purchased back can not be higher than the highest independent bid. Plus there's a limit to how many shares they can buy back per trading day and trades can not be done toward the beginning or end of the trading day, where share prices are most affected by a large purchase. After market trades can not be higher than the day closing price.


    Now Rule 10b-18 only protects a company from being accused of "stock manipulation", so long as the buy back followed all the rules. There can be other irregularities with the buy backs that the SEC can look into, but "stock manipulation will not be one of them. Insider trading would be one of the common "irregularities". Using government tax relief funds for buybacks, incurring debt to fund buy backs and timing buybacks to align with executives selling vested shares, are others. But none of these constitute "stock manipulation" under SEC trading laws.

    Stock buy backs are one of the best ways for  publicly traded companies to return excess profits back to its rightful owners ..... its shareholders.

    muthuk_vanalingamtiredskillsdanoxfastasleepJanNL
  • Judge sanctions Apple for blatantly violating 'Fortnite' App Store order

    gatorguy said:
    davidw said:
    The solution for Apple seem quite simple. If a developer want to have an app in the Apple App Store where there are advertising and links in the app that allows for any IAP payments outside of Apple iTunes, then Apple will charge those developers $1 per app downloaded per month, with a deal for $10 per  app per year.  (or something to that nature). It will be up to the developers if they want to charge their customers for downloading the app. So a developer can weigh in on whether to have a free app where Apple will get a commission or paid for each downloaded app and hope the users makes enough IAP to bring the cost of having such an app, below what they would had paid in commission.

    This way the developers that are happy with the arrangement of having a free app and paying Apple a commission to handle IAP payments (along with refunds and updates) can still do so. And those that don't want to pay Apple a commission on IAP can do so by paying Apple upfront for having an app in the Apple App store from which they are profiting from using Apple IP.

    Isn't Apple already doing something like this in the EU, with downloads from third party app stores?
    Verbatim quote from the court:

    For the reasons set forth herein, the Court FINDS Apple in willful violation of this Court’s 2021 Injunction which issued to restrain and prohibit Apple’s anticompetitive conduct and anticompetitive pricing. Apple’s continued attempts to interfere with competition will not be tolerated...

    Apple’s response to the Injunction strains credulity. After two sets of evidentiary hearings, the truth emerged. Apple, despite knowing its obligations thereunder, thwarted the Injunction’s goals, and continued its anticompetitive conduct solely to maintain its revenue stream.

    Remarkably, Apple believed that this Court would not see through its obvious cover-up (the 2024 evidentiary hearing). To unveil Apple’s actual decision-making process, not the one tailor-made for litigation, the Court ordered production of real-time documents and ultimately held a second set of hearings in 2025.

    To summarize: One, after trial, the Court found that Apple’s 30 percent commission “allowed it to reap supracompetitive operating margins” and was not tied to the value of its intellectual property, and thus, was anticompetitive. Apple’s response: charge a 27 percent commission (again tied to nothing) on off-app purchases, where it had previously charged nothing, and extend the commission for a period of seven days after the consumer linked-out of the app.

    Apple’s goal: maintain its anticompetitive revenue stream.

    Two, the Court had prohibited Apple from denying developers the ability to communicate with, and direct consumers to, other purchasing mechanisms. Apple’s response: impose new barriers and new requirements to increase friction and increase breakage rates with full page “scare” screens, static URLs, and generic statements.

    Apple’s goal: to dissuade customer usage of alternative purchase opportunities and maintain its anticompetitive revenue stream.

    In the end, Apple sought to maintain a revenue stream worth billions in direct defiance of this Court’s Injunction.

    In stark contrast to Apple’s initial in-court testimony, contemporaneous business documents reveal that Apple knew exactly what it was doing and at every turn chose the most anticompetitive option. To hide the truth, Vice-President of Finance, Alex Roman, outright lied under oath. Internally, Phillip Schiller had advocated that Apple comply with the Injunction, but Tim Cook ignored Schiller and instead allowed Chief Financial Officer Luca Maestri and his finance team to convince him otherwise. Cook chose poorly.

    The real evidence, detailed herein, more than meets the clear and convincing standard to find a violation. The Court refers the matter to the United States Attorney for the Northern District of California to investigate whether criminal contempt proceedings are appropriate.

    This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order. Time is of the essence. The Court will not tolerate further delays. As previously ordered, Apple will not impede competition. The Court enjoins Apple from implementing its new anticompetitive acts to avoid compliance with the Injunction. Effective immediately Apple will no longer impede developers’ ability to communicate with users nor will they levy or impose a new commission on off-app purchases.


    The TLDR version? 

    "This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order."

    You don't have to shout. It doesn't make your statement any more correct. :)

    Who said that this has to happen immediately? Apple could implement the changes by the end of next year but meanwhile comply with the injunction immediately in the next week.

    Are you saying that the courts can dictate how Apple can run their business? We are not the EU. The courts can only dictate Apple what they can't do when running their business. Apple is not a public utility.  Apple can make changes to their business model in order to adapt to external changes, as they see fit, so long a those change do not violate any existing laws or court orders. The revenue from their commission pays for the 90% of free apps in the Apple App Store. As revenue from their commission decreases due to the changes made to comply with this ruling, Apple is allow to change their business model. The courts can not force Apple to operate their app store at a loss or dictate how much profit they are allow to have. In order for that to happen, the courts have to prove that Apple is a monopoly (under US anti-trust laws) and is abusing that monopoly. We don't go by the BS "gatekeeper" label. 

    But I have to ask this. If the courts find that a 30% commission is considered "supra-competitive operating margins", then what is it when Epic Games charges $10 (20 Fortnite Bucks) for a "cool" virtual outfit that cost no more to make and let the player have, than the virtual outfits the players gets to use for free. That margin got to be over 2X more than Apple 30% commission. And Epic have no competition with their Fortnite Store.

    If this case involved Google instead of Apple, then I can see Google not being able to or having a much harder time, making such changes. Why?  Because the courts determined that Google is a monopoly and that Google is abusing that monopoly.

    neoncatwatto_cobra