3 ms·

Depends. If we’re talking about the details of the implementation, maybe. If it’s about the commission that still needs to be paid, then no. That’s directly m

Depends. If we’re talking about the details of the implementation, maybe. If it’s about the commission that still needs to be paid, then no. That’s directly mentioned in the original ruling by the district court, a commission is due regardless.

radley 3y ago
I think the real problem is unlimited access to accounting books for any business that has an iOS app. This will affect free apps too, since they now have the potential to offer purchases outside the app store. (Obviously, strategic partners and FAANG are exempt.)
- slaymaker1907 3y ago
  I don’t think so. This entitlement is something devs have to explicitly opt in for.
- turquoisevar 3y ago
  In theory, perhaps, in practice Apple will only audit the developers that use the special entitlement. Ironically, this is something that is bothering the appellate court as well if you read between the lines of their judgment[0]. They gently criticize the district court for both saying that developers should be able to link and sell outside the app while simultaneously saying that it’s undesirable for Apple to audit developers because it’s too cumbersome. But the appellate court isn’t meant for do overs, just for when courts have erred in a significant way, so they only gently lament this, instead of doing something about it. 0: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/24/21-16506.pdf https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/24/2...
- jonhohle 3y ago
  The difference between the Apple and Google lawsuits (from what I can tell), is that Apple didn’t exempt FANG and held them to the same terms as everyone else while Google made private deals with special terms for individual businesses (Spotify was one, IIRC) that were not available to all customers.
- nodamage 3y ago
  This is not particularly unusual for royalty licensing scenarios. As a matter of fact Epic's Unreal Engine EULA has a similar clause: You agree to keep accurate books and records related to your development, manufacture, Distribution, and sale of Royalty Products and related revenue. Epic may conduct reasonable audits of those books and records. Audits will be conducted during business hours on reasonable prior notice to you. Epic will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited, in which case you will be responsible for the cost of the audit.

radley 3y ago

I think the real problem is unlimited access to accounting books for any business that has an iOS app. This will affect free apps too, since they now have the potential to offer purchases outside the app store. (Obviously, strategic partners and FAANG are exempt.)

slaymaker1907 3y ago
I don’t think so. This entitlement is something devs have to explicitly opt in for.
turquoisevar 3y ago
In theory, perhaps, in practice Apple will only audit the developers that use the special entitlement. Ironically, this is something that is bothering the appellate court as well if you read between the lines of their judgment[0]. They gently criticize the district court for both saying that developers should be able to link and sell outside the app while simultaneously saying that it’s undesirable for Apple to audit developers because it’s too cumbersome. But the appellate court isn’t meant for do overs, just for when courts have erred in a significant way, so they only gently lament this, instead of doing something about it. 0: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/24/21-16506.pdf https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/24/2...
jonhohle 3y ago
The difference between the Apple and Google lawsuits (from what I can tell), is that Apple didn’t exempt FANG and held them to the same terms as everyone else while Google made private deals with special terms for individual businesses (Spotify was one, IIRC) that were not available to all customers.
nodamage 3y ago
This is not particularly unusual for royalty licensing scenarios. As a matter of fact Epic's Unreal Engine EULA has a similar clause: You agree to keep accurate books and records related to your development, manufacture, Distribution, and sale of Royalty Products and related revenue. Epic may conduct reasonable audits of those books and records. Audits will be conducted during business hours on reasonable prior notice to you. Epic will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited, in which case you will be responsible for the cost of the audit.