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Presumably, people misread the price (299 = 2.99) and Apple got tired of the credit card chargebacks. The App Store agreement is one of the most one-sided thin

by wrs 17y ago

Presumably, people misread the price (299 = 2.99) and Apple got tired of the credit card chargebacks. The App Store agreement is one of the most one-sided things I've ever seen. Pulling the app is one of the nicer things they could have done to punish this behavior. For example, on a return, the app store agreement allows Apple to take the full sale price from the developer's account, keeping the 30% commission. So for each return of a $300 app, the developer could take a $90 loss! I don't know if Apple actually takes advantage of this clause.

kevinh 17y ago
IANAL, but I doubt that part of the contract would hold up in court. When looking at contracts, the court tends to favor the little guy, and I'm certain that app developers could argue that Apple was unjustly enriched by the contract. Now, I'm hardly a source of reputable knowledge, as my only experience with law is only one quarter of Business Law in college, but I could see the case going either way.
- Frazzydee 17y ago
  I think practical concerns would prevail here. If Apple only exercises this clause for developers who insult the King, there won't be enough plantiffs for a class action, and it would be too expensive for Joe the Developer to take Apple to court himself. He might go to small claims court, but most will just take the loss.
alex_c 17y ago
299.99 = 2.99?
cubicle67 17y ago
> For example, on a return, the app store agreement allows Apple to take the full sale price from the developer's account, keeping the 30% commission. So for each return of a $300 app, the developer could take a $90 loss! This is incorrect. I know it came up a few months ago and caused a lot of fuss, but it's still incorrect. What is correct is that Apple may take the full amount they paid the developer. for example, if a customer requested a refund for a $300 app, this would cost the developer $210 and Apple $90.
- wrs 17y ago
  OK, can you explain how I'm misinterpreting this? 6.3 In the event that Apple receives any notice or claim from any end-user that: (i) the end-user wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that end-user; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the end-user the full amount of the price paid by the end-user for that Licensed Application. In the event that Apple refunds any such price to an end-user, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. Apple will have the right to retain its commission on the sale of that Licensed Application, notwithstanding the refund of the price to the end-user. (emphasis mine)

by wrs 17y ago

kevinh 17y ago

IANAL, but I doubt that part of the contract would hold up in court. When looking at contracts, the court tends to favor the little guy, and I'm certain that app developers could argue that Apple was unjustly enriched by the contract. Now, I'm hardly a source of reputable knowledge, as my only experience with law is only one quarter of Business Law in college, but I could see the case going either way.

Frazzydee 17y ago
I think practical concerns would prevail here. If Apple only exercises this clause for developers who insult the King, there won't be enough plantiffs for a class action, and it would be too expensive for Joe the Developer to take Apple to court himself. He might go to small claims court, but most will just take the loss.

alex_c 17y ago

299.99 = 2.99?

cubicle67 17y ago

> For example, on a return, the app store agreement allows Apple to take the full sale price from the developer's account, keeping the 30% commission. So for each return of a $300 app, the developer could take a $90 loss! This is incorrect. I know it came up a few months ago and caused a lot of fuss, but it's still incorrect. What is correct is that Apple may take the full amount they paid the developer. for example, if a customer requested a refund for a $300 app, this would cost the developer $210 and Apple $90.

wrs 17y ago
OK, can you explain how I'm misinterpreting this? 6.3 In the event that Apple receives any notice or claim from any end-user that: (i) the end-user wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that end-user; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the end-user the full amount of the price paid by the end-user for that Licensed Application. In the event that Apple refunds any such price to an end-user, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. Apple will have the right to retain its commission on the sale of that Licensed Application, notwithstanding the refund of the price to the end-user. (emphasis mine)