3 ms·

Why? If an app scams users, is Apple going to be liable for that?

arp242 6y ago
If they don't take reasonable action on complaints, then yes, of course. Why do you think YouTube etc. are so trigger-happy with DMCA complaints? Exactly to avoid these kind of liability issues.
- perryizgr8 6y ago
  DMCA is a special case for copyright infringement. I don't think such obligations are there for most other scammy activities.
  - arp242 6y ago
    The obligation is to take reasonable steps to ensure that a platform isn't used for illegal activities. This isn't something you can 100% exclude, of course, and what "reasonable steps" are differ per platform, but in the case of an app store "take action against malicious scam apps when notified of their existence" seems quite reasonable to me. The only difference is that copyright/DMCA has a huge industry pursuing this, and there is no one with deep pockets and free time pursuing this.
    - perryizgr8 6y ago
      > The obligation is to take reasonable steps to ensure that a platform isn't used for illegal activities. No, I do not think there is such a general obligation. DMCA is an exception for copyright infringement where the platform is obligated to act pre-emptively. Otherwise Apple is free to wait for a court order before removing anything.
mnd999 6y ago
Well, they’re benefitting from the fraud with their 30% cut. So yeah.
- valuearb 6y ago
  Apple doesn’t benefit from scam apps, the 30% doesn’t remotely make up for the brand damage. And in this case it’s unlikely the scammers are making more than a few hundred a month.
  - mnd999 6y ago
    That's not how the law works. Generally in the US it's illegal to engage in virtually any financial transaction if you know that funds were the proceeds of criminal activity.
    - valuearb 6y ago
      Ok lawyer. That is immaterial and off topic. Apple doesn’t know these are scam apps until reported, and after Apple can verify the allegations. And then Apple typically refunds all customers.
  - mtnGoat 6y ago
    they do in fact financially benefit from any scam transaction that is not reversed, at the rate of 30%. a profit/benefit is exactly that, regardless of size. just because it's not a major line item does not give us excuse to ignore it. brand damage, hard to prove. are any of these people leaving the walled garden entirely? if not, there was no damage to the brand and apple profited 30%.
    - valuearb 6y ago
      The only reason Apple spends huge sums on app review is because they believe it’s important to maintaining brand value. Do you think they believe so without any substantial marketing research?

If they don't take reasonable action on complaints, then yes, of course. Why do you think YouTube etc. are so trigger-happy with DMCA complaints? Exactly to avoid these kind of liability issues.

perryizgr8 6y ago
DMCA is a special case for copyright infringement. I don't think such obligations are there for most other scammy activities.
- arp242 6y ago
  The obligation is to take reasonable steps to ensure that a platform isn't used for illegal activities. This isn't something you can 100% exclude, of course, and what "reasonable steps" are differ per platform, but in the case of an app store "take action against malicious scam apps when notified of their existence" seems quite reasonable to me. The only difference is that copyright/DMCA has a huge industry pursuing this, and there is no one with deep pockets and free time pursuing this.
  - perryizgr8 6y ago
    > The obligation is to take reasonable steps to ensure that a platform isn't used for illegal activities. No, I do not think there is such a general obligation. DMCA is an exception for copyright infringement where the platform is obligated to act pre-emptively. Otherwise Apple is free to wait for a court order before removing anything.

mnd999 6y ago

Well, they’re benefitting from the fraud with their 30% cut. So yeah.

valuearb 6y ago
Apple doesn’t benefit from scam apps, the 30% doesn’t remotely make up for the brand damage. And in this case it’s unlikely the scammers are making more than a few hundred a month.
- mnd999 6y ago
  That's not how the law works. Generally in the US it's illegal to engage in virtually any financial transaction if you know that funds were the proceeds of criminal activity.
  - valuearb 6y ago
    Ok lawyer. That is immaterial and off topic. Apple doesn’t know these are scam apps until reported, and after Apple can verify the allegations. And then Apple typically refunds all customers.
- mtnGoat 6y ago
  they do in fact financially benefit from any scam transaction that is not reversed, at the rate of 30%. a profit/benefit is exactly that, regardless of size. just because it's not a major line item does not give us excuse to ignore it. brand damage, hard to prove. are any of these people leaving the walled garden entirely? if not, there was no damage to the brand and apple profited 30%.
  - valuearb 6y ago
    The only reason Apple spends huge sums on app review is because they believe it’s important to maintaining brand value. Do you think they believe so without any substantial marketing research?