“The class suing believe Apple has engaged in anti-competitive behaviors in taking a cut from developers sale proceeds,” Silver reports. “Also at issue is whether companies like Apple can be sued under antitrust law over App Stores, with the plaintiffs potentially awarded treble damages because of the behavior.”
“The Ninth Circuit Court of Appeals — which includes Apple’s headquarters area of Northern California — had ruled for the plaintiffs last year, leading Apple to appeal to the U.S Supreme Court,” Silver reports. “In the amicus brief, written by a group of lawyers led by Solicitor General Noel J. Francisco, the DOJ argues that the appeals court misapplied previous precedent.”
Read more in the full article here.
MacDailyNews Take: The Department of Justice is right to support Apple in this case.
First: One would assume that a large corporation such as Apple would have had competent legal advice when they set up their App Store, in order that it be set up in legal fashion.
Second: On every iPhone, iPod touch, iPad, and iPad mini box, the potential buyer is informed of requirements, including “iTunes X.x or later required for some features” and also that an “iTunes Store account” is required. The plaintiffs were informed of the requirements prior to purchase. If the plaintiffs didn’t like the terms that came along with Apple devices, they should have opted for a pretend iPhone from any one of a dime-a-dozen handset assemblers. Then they could blissfully infest their fake iPhones with malware from a variety of sources.
Third: Apple doesn’t set the prices for paid apps.
Fourth: The amount by which Apple Inc. has driven down software prices across the board, on every major computing platform, makes legal actions such as this eminently laughable.
9th U.S. Circuit Court of Appeals revives antitrust lawsuit against Apple – January 13, 2017
Apple App Store antitrust complaint dismissed on procedural grounds by U.S. judge – August 16, 2013