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I think that anno 2024 it’s well known that you own the physical device but you license the software it runs on in exchange for agreeing with the license agreem
by turquoisevar 3y ago
I think that anno 2024 it’s well known that you own the physical device but you license the software it runs on in exchange for agreeing with the license agreement. So I don’t think there’s much insight to be added there.
But you do bring up an interesting point by mentioning sideloading.
The courts have established in this case that Apple can charge their commission regardless on the premise that it’s a payment in exchange for the use of their IP.
All in all not a shocking decision really because it just continues on the standing law regarding property rights.
But it might have ramifications for sideload apps, unless you really want to get down and dirty those will be using Apple’s IP as well and in some cases there’s not even an alternative unless the iPhone is jailbroken.
Because the developers of those app will be using Apple’s IP, Apple can extract payment from them.
Perhaps not the full 30% because presumably they wouldn’t have agreed to Apple’s developer agreement, but it won’t be $0 either.
Similar legal gaps exist in the impending EU regulation. Believe it or not, they too have well established property rights surrounding IP and there too there are courts who will be the final arbiters in this.
Many seem to think that just because the EU says or does something it’s the law of the land, but like with legislation in the US it can be fought and I’d say even more so there because a lot of the regulations originate from the EU Commission, which is just the EU’s sparkling executive branch.
While the dust is starting to settle here in the US, we will more than likely see some cases starting in the EU.