Kavanaugh sides with liberal justices against Apple, deals blow to tech giant in App Store challenge

[mystery-ak]

Kavanaugh sides with liberal justices against Apple, deals blow to tech giant in App Store challenge
By Ronn Blitzer | Fox News

Justice Brett Kavanaugh sided with the liberal wing of the Supreme Court on Monday, penning an opinion against Apple that ruled the tech company can be sued over high prices in their App Store.

The case, Apple v. Pepper, was brought by iPhone users who complained that the App Store is the only place where iPhone apps are available and that, as a result, Apple has a monopoly on “the iPhone apps aftermarket.” They claim prices are consequently high stemming from the charges Apple imposes on app developers.

A district court decision had said that the iPhone users did not have standing to bring their antitrust claim because the developers -- not Apple -- are the ones selling the apps. Court precedent says that indirect purchasers who are at least two steps removed in a distribution chain cannot sue. Apple also claimed that because they don’t set the retail price of the apps on the store, iPhone users cannot sue them.

more
https://www.foxnews.com/politics/kavanaugh-sides-with-liberal-justices-against-apple-dealing-blow-to-tech-giant-in-app-store-challenge

[Elderberry]

I hope that doesn't make me a liberal as well because I side with Kavanaugh against Apple as well. But one may say I'm biased against Apple because I've never purchased an Apple product for myself.

https://casetext.com/case/apple-inc-v-pepper-2

[ABX]

But muh judges....

The U.S. Supreme Court ruled Monday that a major antitrust lawsuit against Apple over its App Store can move forward. The 5-to-4 ruling immediately plunged Apple's stock prices and opened the door to the possibility of enormous future damages against the company.
Justice Brett Kavanaugh, appointed by President Trump last year, wrote the decision for himself and the court's four liberal justices. In it, he stressed that the court majority was taking no position on the merits of the lawsuit but said that under long-standing precedent the suit could proceed to its next stages. ....

https://www.npr.org/2019/05/13/722831702/supreme-court-rules-against-apple-as-kavanaugh-sides-with-liberal-justices?fbclid=IwAR0JSoyi6L1saMkZGmbcFqjvGE2ZDpb-u0A0myvakiFjEaJz8qwhJjf_O7A

[Elderberry]

https://www.theverge.com/2019/5/13/18617727/apple-v-pepper-antitrust-illinois-brick-supreme-court-case-loss

If Apple does ultimately lose this case, it could have to repay anyone who was “overcharged” thanks to its App Store markup — or even open up the iOS walled garden. Apple has made other legal arguments to fight this outcome. It’s argued, for example, that customers are free to buy apps through other app stores on other mobile operating systems. But the Supreme Court explicitly isn’t addressing these arguments yet.

Apple responded with a statement defending its App Store ecosystem. “The App Store is not a monopoly by any metric,” a spokesperson says. “We’re proud to have created the safest, most secure and trusted platform for customers and a great business opportunity for all developers around the world.”

We’re proud to have created the safest, most secure and trusted platform for customers and a great business opportunity for all developers around the world. Developers set the price they want to charge for their app and Apple has no role in that. The vast majority of apps on the App Store are free and Apple gets nothing from them. The only instance where Apple shares in revenue is if the developer chooses to sell digital services through the App Store.

[aligncare]

SCOTUS ruled only that the plaintiffs did have standing and could therefore move forward in their case against Apple. The ruling did not establish that plaintiffs’ case had merit; that remains to be determined during an actual trial.

[txradioguy]

I seem to remember some people cautioning that Kavanaugh wasn't conservative.

He's showing now that he's more like John Roberts than Gorsuch or Thomas.

[Sanguine]

So don't buy an iPhone if you don't want to purchase Apple products.

[Elderberry]

So don't buy an iPhone if you don't want to purchase Apple products.

I don't. I've been happy with my Android phones. The last 3 were Samsung rugged phones. The Rugby, Rugby Smart and S6Active(my current phone). I ran my first Rugby thru the washing machine and other than the earpiece speaker taking about 10 minutes to dry out and work( the speaker worked fine), it showed no damage other than some swipes across the screen protector by the agitator. I like not being limited to where I get my apps. I just may have to root the phone to remove some of the factory installed apps. I stay away from the new phones, Too Expensive. I've been thinking of stepping up to the Samsung S7 next.

[Sanguine]

I don't. I've been happy with my Android phones. The last 3 were Samsung rugged phones. The Rugby, Rugby Smart and S6Active(my current phone). I ran my first Rugby thru the washing machine and other than the earpiece speaker taking about 10 minutes to dry out and work( the speaker worked fine), it showed no damage other than some swipes across the screen protector by the agitator. I like not being limited to where I get my apps. I just may have to root the phone to remove some of the factory installed apps. I stay away from the new phones, Too Expensive. I've been thinking of stepping up to the Samsung S7 next.

I love my Samsung phone.  And, I install what I damn well please.

[txradioguy]

So don't buy an iPhone if you don't want to purchase Apple products.

Amazing how simple a concept that is.

[Applewood]

So don't buy an iPhone if you don't want to purchase Apple products.

Well, I never have.  Actually, I never liked I-anything.  Seemed that some of their electronics were way too complicated for my pea brain.  My first phone was an HTC -- not bad for a beginning smartphone user.  The rest have all been Samsung Galaxies.  Right now I have a Galaxy S9 Edge and it's wonderful.  My only disappointment is that the battery seems to not hold a charge for long anymore.  Have to consult with a service center on that someday.  I didn't buy the current S10 because (a) it's too expensive and (b) the only major difference in the new phone is a supposedly better camera and I'm happy with the camera in my present phone.  Why buy a new phone just for maybe a slightly better camera? 

I do have some apps from Samsung's version of the Apple Store -- Google Play, but only ones that are free.  I don't buy games and such that cost an arm and a leg.  Seems to me these people whining about the cost of Apple apps should perhaps consider just not buying any.  I'll bet most of these pay apps really aren't needed.

[Rivergirl]

This president has been attacking Apple from the very first days in office.   I suspect Kav did Trump's bidding against this company.
JMO

[Sanguine]

This president has been attacking Apple from the very first days in office.   I suspect Kav did Trump's bidding against this company.
JMO

You are saying that Trump called Kavanaugh and told him to let this case move forward? 

[Elderberry]

Well, I never have.  Actually, I never liked I-anything.  Seemed that some of their electronics were way too complicated for my pea brain.  My first phone was an HTC -- not bad for a beginning smartphone user.  The rest have all been Samsung Galaxies.  Right now I have a Galaxy S9 Edge and it's wonderful.  My only disappointment is that the battery seems to not hold a charge for long anymore.  Have to consult with a service center on that someday.  I didn't buy the current S10 because (a) it's too expensive and (b) the only major difference in the new phone is a supposedly better camera and I'm happy with the camera in my present phone.  Why buy a new phone just for maybe a slightly better camera? 

I do have some apps from Samsung's version of the Apple Store -- Google Play, but only ones that are free.  I don't buy games and such that cost an arm and a leg.  Seems to me these people whining about the cost of Apple apps should perhaps consider just not buying any.  I'll bet most of these pay apps really aren't needed.

I sure miss having a phone with replaceable batteries. I even had a dual battery charger for one of my phones. I never had to wait on a phone being charged. Just swap batteries.

I don't have a problem with paying for apps, PC or Phone. Some apps are even free that suggest that if you like their product, why not tip them? Not many things in life are free. I just want the freedom to decide what, who and where I'll purchase.