“You get points in politics for pointing out a problem that we are concerned with, or especially one that we can be made to think is particularly bad. You then get more points for proposing a solution, because we would all like to think there are answers to problems,” William Gallagher and Andrew O’Hara write for AppleInsider. “And then if you, as a politician, can move the burden of doing something about the problem on to someone else, you win the jackpot.”

“Just for political expediency, the one big technology company that is championing user security would then get the same treatment as the firms that are repeatedly and intentionally profiting from breaking our privacy,” Gallagher and O’Hara write. “When your aim is to get votes, you can keep it simple. When you get the votes and you are in power, then you have to deal with the realities. Senator Warren wants to avoid talking about those now, unless pressed to do so, because reality is complicated.”

U.S. Senator Elizabeth Warren (D-Mass.) (photo: SAUL LOEB/AFP/Getty Images)

U.S. Senator Elizabeth Warren (D-Mass.) (photo: SAUL LOEB/AFP/Getty Images)

“Consequently she has made no comment — because no one’s really pressed her on it yet — about how Apple makes iOS and macOS, how it runs the myriad iCloud services, and how it locks users into all of those. Just as Google locks you into its own walled garden of services and apps,” Gallagher and O’Hara write. “Instead, and again only when pushed to say it, she gives up the App Store. Break Apple away from its App Store and apparently, everything is fine. That is, everything is fine except for the loss of security that users will get hit with as a result. Take Apple out of its own store, and you end up with the same kind of mess that the Google Play store is. ”

Read more in the full article here.

MacDailyNews Take: In Apple’s case, there is no monopoly (which is legal by the way), much less monopoly abuse (which is explicitly impossible given the nonexistence of a monopoly). You cannot abuse a monopoly and therefore face antitrust action when you do not have a monopoly. Duh.

Worldwide smartphone OS market share, February 2019:

• Android: 74.15%
• iOS: 23.28%

Again, it’ll be very interesting to see the breakdown of political donations out of Silicon Valley this cycle.

As for the App Store “antitrust” case in the U.S. Supreme Court: The U.S. Supreme Court should uphold existing legal precedent by finding in favor of Apple which is not a distributor that sells iPhone apps directly to consumers. App developers sell iPhone apps directly to consumers.

Setting aside the security implications, the Ninth Circuit decision should be overturned simply because Apple’s App Store customers are the app developers, not the app consumers.

Apple owns the shopping mall. The developers pay Apple for space within. The end customer buys their apps from the developers. Indirect purchasers of goods or services along a supply chain cannot seek remedies over antitrust claims.

See Illinois Brick Co. v. Illinois. — MacDailyNews, October 31, 2018

Senator Elizabeth Warren wants to break up Apple, too – March 11, 2019
Trump administration backs Apple in U.S. Supreme Court over App Store antitrust suit – November 26, 2018
Apple defends App Store fees in U.S. Supreme Court – November 26, 2018
Apple defends App Store fees as U.S. Supreme Court weighs consumer suit – November 23, 2018
Apple wants U.S. Supreme Court to undo previous decision regarding an antitrust suit – October 31, 2018
U.S. Supreme Court will decide if Apple’s App Store is an anti-competitive monopoly – June 19, 2018
U.S. Supreme Court to consider Apple appeal in antitrust suit over App Store prices – June 18, 2018
US DOJ sides with Apple over App Store antitrust allegations in Supreme Court brief – May 10, 2018
Harris Poll: Corporate reputations can become politically polarized – February 9, 2017
9th U.S. Circuit Court of Appeals revives antitrust lawsuit against Apple – January 13, 2017
Silicon Valley donated 60 times more to Clinton than to Trump – November 7, 2016
99% of Silicon Valley’s political dollars are going to Hillary Clinton – October 25, 2016
Apple’s politics may be hurting its brand – June 29, 2016
Apple refuses to aid 2016 GOP presidential convention over Trump comments – June 18, 2016
Apple and Silicon Valley employees love Bernie Sanders. Donald Trump? Not so much – May 6, 2016
Apple among top employers of Bernie Sanders donors – April 20, 2016
Apple App Store antitrust complaint dismissed on procedural grounds by U.S. judge – August 16, 2013
Apple employees donate $15 to Obama for every $1 to Romney – July 27, 2012
Apple, other tech firm employees’ contributions favor Democrats over Republicans, Obama over Clinton – April 14, 2008
Apple CEO Steve Jobs: ‘I’m going to just stay away from all that political stuff’ – August 25, 2004