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Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
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  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
Gonzalo San Gil, PhD.

The Short, Troubled History of Apple Music | Digital Music News - 0 views

    • Gonzalo San Gil, PhD.
       
      # ! #Music (#business) is NOT for Everyone. # ! Not even for the Recording Industry itself, # ! as actually crafted... # ! :)
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    "June 8th: Apple unveils Apple Music, while promoting an 'indie artist' that doesn't exist. The company confidently declares that Apple Music will reach 100 million paying subscribers."
Gonzalo San Gil, PhD.

Breaking: A2IM Advises Against Licensing Apple Music... - Digital Music NewsDigital Mus... - 0 views

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    "Yesterday, Digital Music News published a leaked Apple Music contract confirming that no royalties will be paid to rights owners during a three-month trial period. In response, highly-influential independent label organization A2IM offered this word if caution to its members."
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    "Yesterday, Digital Music News published a leaked Apple Music contract confirming that no royalties will be paid to rights owners during a three-month trial period. In response, highly-influential independent label organization A2IM offered this word if caution to its members."
Gonzalo San Gil, PhD.

Apple on trial: Company execs say DRM was forced on them by record labels | Ars Technic... - 1 views

Gonzalo San Gil, PhD.

This Is WAR: Spotify Tells Subscribers Not to Pay Apple's 30% Cut... - Digital Music Ne... - 0 views

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    "Want to enjoy Spotify on your iPhone, a platform that Apple built? Then you have to go through the App Store, where Apple takes 30 percent of the monthly subscription price. That is, unless you go around Apple and its terms of service regarding subscriptions. Here's an email that Spotify just sent to subscribers, telling them how to circumvent that and the extra charge Spotify added on to pay the 30% cut."
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    "Want to enjoy Spotify on your iPhone, a platform that Apple built? Then you have to go through the App Store, where Apple takes 30 percent of the monthly subscription price. That is, unless you go around Apple and its terms of service regarding subscriptions. Here's an email that Spotify just sent to subscribers, telling them how to circumvent that and the extra charge Spotify added on to pay the 30% cut."
Gonzalo San Gil, PhD.

Adele Boycotting Spotify and Apple Music On Her New ReleaseDigital Music News - 0 views

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    [This could be one of the biggest albums ever, in the history of the recording industry. But it won't be available on Spotify, Apple Music, or other streaming music platforms. ...]
Gonzalo San Gil, PhD.

Apple Music Didn't Kill Spotify. Amazon's New Streaming Service Won't, Either. | Katie ... - 0 views

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    "Amazon is working on a 'Spotify killer'. Sound familiar? Apple Music was hailed as such by basically everyone. Google's All Access was called the same, back in 2013. Even Tidal got the label. And now it's Amazon's turn. As first "
Gonzalo San Gil, PhD.

"Oprah" for indie bands: Apple once loved unknown acts-what changed? | Ars Technica - 0 views

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    "Why you've heard of Feist instead of Willy Moon, and why it's unlikely to change." [# ! ... 'Music #Industry' is #Killing #Music # ! and not anything else... [#Surprising Note: Bono promoting iTunes... as does with Monsanto... :/ http://www.activistpost.com/2012/05/u2-bono-celeb-partners-with-monsanto-g8.html]
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    "Why you've heard of Feist instead of Willy Moon, and why it's unlikely to change."
Paul Merrell

Press corner | European Commission - 0 views

  • The European Commission has opened formal antitrust investigations to assess whether Apple's rules for app developers on the distribution of apps via the App Store violate EU competition rules. The investigations concern in particular the mandatory use of Apple's own proprietary in-app purchase system and restrictions on the ability of developers to inform iPhone and iPad users of alternative cheaper purchasing possibilities outside of apps. The investigations concern the application of these rules to all apps, which compete with Apple's own apps and services in the European Economic Area (EEA). The investigations follow-up on separate complaints by Spotify and by an e-book/audiobook distributor on the impact of the App Store rules on competition in music streaming and e-books/audiobooks.
  • iPhone and iPad users can only download native (non web-based) apps via the App Store. The Commission will investigate in particular two restrictions imposed by Apple in its agreements with companies that wish to distribute apps to users of Apple devices: (i)   The mandatory use of Apple's own proprietary in-app purchase system “IAP” for the distribution of paid digital content. Apple charges app developers a 30% commission on all subscription fees through IAP. (ii)  Restrictions on the ability of developers to inform users of alternative purchasing possibilities outside of apps. While Apple allows users to consume content such as music, e-books and audiobooks purchased elsewhere (e.g. on the website of the app developer) also in the app, its rules prevent developers from informing users about such purchasing possibilities, which are usually cheaper.
Gonzalo San Gil, PhD.

Apple Patents Technology to Legalize P2P Sharing | TorrentFreak * - 1 views

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    "This means that transferring files between devices is only possible if these support Apple's licensing scheme. That's actually a step backwards from the DRM-free music that's sold in most stores today." [* What 'Apple's licensing scheme' -closed source- can hide?]
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    "This means that transferring files between devices is only possible if these support Apple's licensing scheme. That's actually a step backwards from the DRM-free music that's sold in most stores today." [* What 'Apple's licensing scheme' -closed source- can hide?]
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    A business method software patent combining old elements that are all prior art, including DRM. Yech! "... a patent that makes it possible to license P2P sharing" really puts a spin on reality. If the methods were in the public domain, anyone could use them without a license. That's equivalent to to saying "a government-granted monopoly with the power but no responsibility to collect money from anyone who wants to invade the monopoly's protected rights" and presenting that fact as some sort of tremendous philanthropic act by Apple. On software patent claims as prior art and obvious, see my legal memo on that topic here. http://goo.gl/5X8Kg9
Gonzalo San Gil, PhD.

Industria musical y plataformas colaborativas en 2015 - 0 views

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    "Inicio > Recursos > Management > Industria musical y plataformas colaborativas en 2015 1 día atrás José Luis López 2015 va a ser un año interesante como banco pruebas en la industria de la música; mientras esperamos que Apple lance su servicio de streaming y qué estrategia de vídeo adoptan los sellos en sus campañas de marketing, el streaming estará dando que hablar... Management, Marketing"
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    "Inicio > Recursos > Management > Industria musical y plataformas colaborativas en 2015 1 día atrás José Luis López Management, Marketing"
Paul Merrell

Facebook's Marketplace Faces Antitrust Probes in EU, U.K. - WSJ - 1 views

  • The European Union and the U.K. opened formal antitrust investigations into Facebook Inc.’s FB -0.86% classified-ads service Marketplace, ramping up regulatory scrutiny for the company in Europe. Both the European Commission—the EU’s top antitrust enforcer—and the U.K.’s Competition and Markets Authority said Friday they are investigating whether Facebook repurposes data it gathers from advertisers who buy ads in order to give illegal advantages to its own services, including its Marketplace online flea market. The U.K. added that it is also investigating whether Facebook uses advertiser data to give similar advantages to its online-dating service. The two competition watchdogs said they would coordinate their investigations.
  • Separately on Friday, Germany’s competition regulator announced that it is opening an investigation into Google’s News Showcase, in which the tech company pays to license certain content from news publishers. That probe, which is based on new powers Germany had granted the regulator, will look among other things at whether Google is imposing unfair conditions on publishers and how it selects participants, the Federal Cartel Office said.
  • The three newly opened cases are part of a new wave of antitrust enforcement in Europe. The European Commission filed formal charges last month against Apple Inc. for allegedly abusing its control over the distribution of music-streaming apps, including Spotify Technology SA . In November, it filed formal charges against Amazon.com Inc. for allegedly using nonpublic data it gathers from third-party sellers to unfairly compete against them. Both companies denied wrongdoing. At the same time, the U.K.’s CMA has opened investigations into Google’s announcement that it will retire third-party cookies, a technology advertisers use to track web users, and whether Apple imposes anticompetitive conditions on some app developers, including the use of Apple’s in-app payment system, which is also the subject of a lawsuit in the U.S. In the EU, the European Commission has been investigating Facebook for more than a year on multiple fronts. Facebook and the Commission have squabbled over access to internal documents as part of those investigations.
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  • New York State Attorney General Letitia James outlined in December a sweeping antitrust suit against Facebook by the Federal Trade Commission and a bipartisan group of 46 state attorneys general, targeting the company’s tactics against competitors. Photo: Saul Loeb/AFP via Getty Images (Video from 12/9/20)
Gonzalo San Gil, PhD.

Apple Stole My Music. No, Seriously. | vellumatlanta - 1 views

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    "May 4, 2016 / jamespinkstone "The software is functioning as intended," said Amber. "Wait," I asked, "so it's supposed to delete my personal files from my internal hard drive without asking my permission?" "Yes," she replied."
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    "May 4, 2016 / jamespinkstone "The software is functioning as intended," said Amber. "Wait," I asked, "so it's supposed to delete my personal files from my internal hard drive without asking my permission?" "Yes," she replied."
Paul Merrell

Internet users raise funds to buy lawmakers' browsing histories in protest | TheHill - 0 views

  • House passes bill undoing Obama internet privacy rule House passes bill undoing Obama internet privacy rule TheHill.com Mesmerizing Slow-Motion Lightning Celebrate #NationalPuppyDay with some adorable puppies on Instagram 5 plants to add to your garden this Spring House passes bill undoing Obama internet privacy rule Inform News. Coming Up... Ed Sheeran responds to his 'baby lookalike' margin: 0px; padding: 0px; borde
  • Great news! The House just voted to pass SJR34. We will finally be able to buy the browser history of all the Congresspeople who voted to sell our data and privacy without our consent!” he wrote on the fundraising page.Another activist from Tennessee has raised more than $152,000 from more than 9,800 people.A bill on its way to President Trump’s desk would allow internet service providers (ISPs) to sell users’ data and Web browsing history. It has not taken effect, which means there is no growing history data yet to purchase.A Washington Post reporter also wrote it would be possible to buy the data “in theory, but probably not in reality.”A former enforcement bureau chief at the Federal Communications Commission told the newspaper that most internet service providers would cover up this information, under their privacy policies. If they did sell any individual's personal data in violation of those policies, a state attorney general could take the ISPs to court.
Gonzalo San Gil, PhD.

Tidal Might Know Artists, But It Doesn't Get Listeners | WIRED - 0 views

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    "the company, tripling its paid subscriber base and increasing its valuation to $84 million. (Even at 3 million, though, its paid subscriber base is still dwarfed by Spotify's 30 million and Apple Music's 11 million.) The rollout was inconsistent "
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    "the company, tripling its paid subscriber base and increasing its valuation to $84 million. (Even at 3 million, though, its paid subscriber base is still dwarfed by Spotify's 30 million and Apple Music's 11 million.) The rollout was inconsistent "
Gonzalo San Gil, PhD.

Las autoridades antimonopolio de EEUU investigan a Apple por su nuevo servicio Music - 0 views

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    [Los nuevos acuerdos de Apple con los sellos discográficos están siendo analizados por las autoridades estatales estadounidenses cuyas investigaciones a la industria de los libros electrónicos terminaron hallando culpable al fabricante del iPhone de connivencia con las editoriales para fijar los precios. ...]
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