

Apple’s App Store and Antitrust - lleger
http://loganleger.com/apple-app-store-antitrust

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rbarooah
The problem with this analysis is that Apple doesn't have a monopoly on
smartphones, mobile OS's or app stores, any more than Nieman Marcus has a
monopoly on department stores. If customers don't like the selection, they
have choice for all three. The same is true for developers.

If this ever does come to be investigated, it will be interesting to see what
Google's position is. Will they claim they can't compete?

~~~
gte910h
>Apple doesn't have a monopoly on smartphones, mobile OS's or app stores

[http://arstechnica.com/apple/news/2010/01/apple-
responsible-...](http://arstechnica.com/apple/news/2010/01/apple-responsible-
for-994-of-mobile-app-sales-in-2009.ars)

Really?

While there are alternatives, their usage is infinitesimal in comparison to
the % sold through apple.

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tptacek
Last I checked, Apple had something like a 20% share of the market for the
platforms on which those apps run. Their phone has a feature, which all other
app phones share, that happens to get used far more than its competition. That
doesn't make Apple a monopolist.

~~~
gte910h
They sell 20% of the phones.

They sell near 100% of all apps for all phones. The people who buy apps on
Android, Blackberry, Simbian and WinMo are vastly dwarfed on the sales of apps
for the Apple AppStore.

They do not have a monopoly in phones, but in App sales.

~~~
tptacek
Explain to me how you can have a monopoly in app sales when you own only 20%
of the app-running platforms (and you have competitors with a significantly
larger share). How can you distort the market from that vantage point? If you
abuse customers, they simply go to BlackBerry or Android.

~~~
gte910h
Most people who own android, blackberry and winmo, don't buy any apps. Most
people who have the iPhone, buy 27 (the actual number, the mean as of April
25, 2009).

That's how. A huge percentage of android apps are free, and many people don't
get you can install things on blackberry and winmo.

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extension
_Of course, this is hoping for democracy in a system that doesn’t yet require
such freedom_

Surely nobody expects "democracy" from a privately owned app store. Clarity
and good faith, yes. Agreements should be explicit and transparent between the
involved parties, and that is really the relationship developers have with the
app store, not democratic rule.

~~~
zmmmmm
Maybe not from a privately owned app store, but since Apple doesn't allow any
other way to put software onto the devices any argument about the app store
automatically translates to an argument about the whole iOS platform. I think
once you start talking about a "platform" expectations about equality, fair
treatment and freedom from persecution by the platform owner are very normal
expectations. I guess the question is whether iOS is actually worthy of being
called a "platform" in this sense - perhaps it is not.

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hsmyers
Clear and cogent. A little to trusting of the DOJ's getting it right, now or
at some point in the future. As memory serves, when they took on Microsoft,
Andrew Schulman had three 'Undocumented' books on the shelves, any one of
which would have done the job for them.

~~~
lleger
Thanks for the compliment. You're probably right about the DOJ, but I like to
stay optimistic when it comes to our system of justice.

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xenophanes
> For example, iBooks provides a slider UI element to control the brightness
> level. This puts Apple in an unfair competitive position because other apps
> — such as the Kindle or even non-competing apps such as Instapaper2 — can’t
> offer this functionality to their users.

GoodReader has a brightness control built in. Are they not supposed to? Why
not?

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lleger
The point is that the API Apple used to implement it isn't available to
developers. GoodReader likely implemented a workaround, such as the one
Instapaper has. It's not a native element, however.

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atom_robot
I think my Instapaper and Kindle iPad app are broken.. they both have
brightness sliders. Where can I buy the anti-competitive versions of these
apps?

~~~
lleger
The point wasn't that those apps _don't_ have this functionality builtin, but
rather that it's not an available API to developers. Marco had to implement a
workaround in order to offer the brightness slider in Instapaper. It works,
but it's not native functionality.

But those were just examples of a macro issue, so I really wouldn't focus on
that too much.

~~~
atom_robot
I understand what you're saying. I read your reply after I had already posted.
But Honestly iBooks is doing it wrong anyway.. It seems like it was put in as
a hack, because it changes the systems brightness permanently whereas
instapaper and kindle seem to be based on a percentage of the current system
brightness. Which would make sense if it's a layer that they're changing the
transparency of. I don't, however, think this is malicious in its intent,
though it is a bit unfair. Same with the lock screen stuff. It is probably
safe to say that this is something Apple will open to developers eventually...
after they're done playing.

Apple should just flag apps that use private API's and call them out for it
when the user upgrades the OS in an alert dialogue-like fashion when they
launch the app (or on the applications iTunes page). "This app is using
private API's and may not function properly with your current firmware."
Instead of rejection. But it's probably easier to reject than to publish a
"purchase at your own risk" disclaimer. All that's going to do is get a lot of
people to not purchase your application.

The AppStore acceptance and rejection policys, though, should get fully
investigated. I would like to get into iOS development, but trusting my
livelihood on such a seemingly fickle process makes me really nervous.

