3 ms·
Here's the actual decision: http://law.justia.com/cases/federal/appellate-courts/ca9/14-15000/14-15000-2017-01-12.html http://law.justia.com/cases/federal/appel
by btown 10y ago
Here's the actual decision: http://law.justia.com/cases/federal/appellate-courts/ca9/14-15000/14-15000-2017-01-12.html http://law.justia.com/cases/federal/appellate-courts/ca9/14-...
Most of the document is about the complex procedural history of the case. The meat of the new decision is on page 20 onwards:
> Apple argues that it does not sell apps but rather sells
“software distribution services to developers.” In Apple’s
view, because it sells distribution services to app developers,
it cannot simultaneously be a distributor of apps to app
purchasers. Apple analogizes its role to the role of an owner
of a shopping mall that “leases physical space to various
stores.” Apple’s analogy is unconvincing. In the case before
us, third-party developers of iPhone apps do not have their
own “stores.” Indeed, part of the anti-competitive behavior
alleged by Plaintiffs is that, far from allowing iPhone app
developers to sell through their own “stores,” Apple
specifically forbids them to do so, instead requiring them to
sell iPhone apps only through Apple’s App Store.
...
> [W]e rest our analysis, as compelled by Hanover
Shoe, Illinois Brick, UtiliCorp, and Delaware Valley, on the
fundamental distinction between a manufacturer or producer,
on the one hand, and a distributor, on the other. Apple is a
distributor of the iPhone apps, selling them directly to
purchasers through its App Store. Because Apple is a
distributor, Plaintiffs have standing under Illinois Brick to sue
Apple for allegedly monopolizing and attempting to
monopolize the sale of iPhone apps.
(IANAL)
- Steeeve 10y ago> In Apple’s view, because it sells distribution services to app developers, it cannot simultaneously be a distributor of apps to app purchasers. What?!? It's the _only_ distributor of apps to app purchasers.
- k1t 10y agoIt seems to be Apple's view that it is the app developers who are distributing the apps (using Apple's distribution service). Seems akin to FedEx saying they do not distribute packages, they merely sell distribution services to shippers.
- baldfat 10y ago> Apple analogizes its role to the role of an owner of a shopping mall that “leases physical space to various stores.” Sounds like a company store in a mining town. The company pays your pay checks, charges you high rent and high prices at the company store (Which is also the only store) https://en.wikipedia.org/wiki/Company_town#Paternalism https://en.wikipedia.org/wiki/Company_town#Paternalism