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Liberal Anti-Business Judge Kavanaugh?

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  • Liberal Anti-Business Judge Kavanaugh?

    Sorry. This is not about gays, Trump, the ACA, or abortion. Or guns.

    IPhone owners can sue Apple for monopolizing App Store, Supreme Court rules

    This is the relevant snippet that I enjoy because schadenfreude for the big business types, like the Chamber of Commerce, who might have supported Judge Kavanaugh for pro-business reasons:

    A group of iPhone owners accusing Apple of violating US antitrust rules because of its App Store monopoly can sue the company, the Supreme Court ruled Monday.

    Justice Brett Kavanaugh, in the majority opinion, said that when "retailers engage in unlawful anticompetitive conduct that harms consumers," people buying those companies' products have the right to hold the businesses to account.

    "That is why we have antitrust law," Kavanaugh wrote. The court's four liberal justices joined Kavanaugh in the 5-4 decision.


    My head is spinning. It just goes to show that people don't always stay in the box you want them in.

    There's a thousand questions that come out of this:

    1. How does Apple guarantee that iphones be uncorrupted by malware if they have to allow other platforms for software distribution?
    2. What does this do to Google?
    3. How is it that Apple constitutes a monopoly if Google exists as an alternative?
    4. Was this kind of thinking not evident in K's earlier rulings?


    love,
    Guacamole
    "Down in the lowlands, where the water is deep,
    Hear my cry, hear my shout,
    Save me, save me"

  • #2
    Apple could say that they will allow software to be installed from other "stores" but that it voids the warranty. Or they could have a user switch that says "only allow apple approved software" that you can turn off.

    But Apple does allow third party software in their store already. It just has to pass their testing and rules.

    Comment


    • #3
      Originally posted by guacamole View Post
      1. How does Apple guarantee that iphones be uncorrupted by malware if they have to allow other platforms for software distribution?
      I just read an exploit today in WhatsApp that even effects iOS so their guarantee is useless (full disclosure, I despise Apple's OS, and only use their products because my kids school insists they have an apple device)
      Originally posted by guacamole View Post
      2. What does this do to Google?
      Nothing. I can install apps from other sources and install other market places on my Android phone.
      Originally posted by guacamole View Post
      3. How is it that Apple constitutes a monopoly if Google exists as an alternative?
      Because Apple has a monopoly over anyone locked into the Apple ecosystem. If you have spend hundreds (or even thousands) of dollars on software on iOS, you can't change to a different phone OS without losing them.
      Originally posted by guacamole View Post
      4. Was this kind of thinking not evident in K's earlier rulings?
      It looks like he made a decision based on his understanding of the Law, which is what a Supreme Court Justice is meant to do. The idea that Judges should make their rulings based on the ideology of the President who appointed them is wrong.
      Last edited by Raphael; 05-13-2019, 10:37 PM.
      Be watchful, stand firm in the faith, act like men, be strong.
      1 Corinthians 16:13

      "...he [Doherty] is no historian and he is not even conversant with the historical discussions of the very matters he wants to pontificate on."
      -Ben Witherington III

      Comment


      • #4
        Originally posted by raphael View Post
        nothing. I can install apps from other sources and install other market places on my android phone.
        Because apple has a monopoly over anyone locked into the apple ecosystem. If you have spend hundreds (or even thousands) of dollars on software on ios, you can't change to a different phone os without losing them.
        *this*
        Watch your links! http://www.theologyweb.com/campus/fa...corumetiquette

        Comment


        • #5
          Originally posted by Raphael View Post
          Because Apple has a monopoly over anyone locked into the Apple ecosystem. If you have spend hundreds (or even thousands) of dollars on software on iOS, you can't change to a different phone OS without losing them.
          Um... it's the same with Android. Android apps only work on the Android operating system (well, ok, some will work on Chrome OS, but that's owned by Google, too). If you change the OS, you can no longer run the software.

          But anyway, I don't think this ruling outright declares that the Apple app store is a monopoly, it just says that consumers can go ahead and sue Apple based on anti-competition laws. It's those cases that will make the determination. This simply gives the plaintiffs the opportunity to make their case and allows the courts decide rather than Apple.
          Last edited by Mountain Man; 05-14-2019, 06:20 AM.
          Some may call me foolish, and some may call me odd
          But I'd rather be a fool in the eyes of man
          Than a fool in the eyes of God


          From "Fools Gold" by Petra

          Comment


          • #6
            Originally posted by Raphael View Post
            Because Apple has a monopoly over anyone locked into the Apple ecosystem. If you have spend hundreds (or even thousands) of dollars on software on iOS, you can't change to a different phone OS without losing them.
            wait, people actually PAY for software?

            All the apps on my iphone are free.

            I can't stand Apple products, EXCEPT for the iphone. I like the OS on the iphone and the phone itself. I had an android table once and hated it. Each manufacturer customizes the Android OS for their devices, and then never updates the software past one or two updates, which makes your android device obsolete in a year or two. My android tablet became useless after a year or two. but on iphone, they will keep updating the IOS on all of the old devices. I had an iphone 6+ until last year, and it was still running the latest IOS. The only reason I got a new phone was that I dropped the 6+ and it was flaky ever since.

            I actually like the apple store and the fact that they curate the software available. It makes it less likely that some malicious software will get through and destroy my phone.

            Comment


            • #7
              Originally posted by Raphael View Post
              It looks like he made a decision based on his understanding of the Law, which is what a Supreme Court Justice is meant to do. The idea that Judges should make their rulings based on the ideology of the President who appointed them is wrong.
              In an ideal world, yes. It seems like we've all grown accustomed to the idea that judges make policy.
              "Down in the lowlands, where the water is deep,
              Hear my cry, hear my shout,
              Save me, save me"

              Comment


              • #8
                Originally posted by Sparko View Post
                I actually like the apple store and the fact that they curate the software available. It makes it less likely that some malicious software will get through and destroy my phone.
                That was the root of my question about "what happens...". The iPhone is the most popular phone in the world1. What happens when there is no longer the careful curation of software? I think part of the whole reason behind the reliability and safety is the security of the App store. This is a case where the antitrust lawsuit could actually harm millions of users.


                1Guacamole's completely not made up statistics.
                "Down in the lowlands, where the water is deep,
                Hear my cry, hear my shout,
                Save me, save me"

                Comment


                • #9
                  Originally posted by guacamole View Post
                  That was the root of my question about "what happens...". The iPhone is the most popular phone in the world1. What happens when there is no longer the careful curation of software? I think part of the whole reason behind the reliability and safety is the security of the App store. This is a case where the antitrust lawsuit could actually harm millions of users.


                  1Guacamole's completely not made up statistics.
                  This is one of those "True but misleading" statistics. iPhone is the most popular single brand only because there is a huge variety of phones sold with Android, making it almost impossible for any single hardware manufacturer to dominate the Android market. However, Android is by far the world's most popular OS on smartphones by a huge margin.

                  http://techland.time.com/2013/04/16/ios-vs-android/

                  As for security risks to iPhone users if iOS were ever opened to other app sources, Apple could always leverage their considerable marketing expertise to educate customers that the Apple app store is the safest and only method guaranteed by Apple for installing software.
                  Some may call me foolish, and some may call me odd
                  But I'd rather be a fool in the eyes of man
                  Than a fool in the eyes of God


                  From "Fools Gold" by Petra

                  Comment


                  • #10
                    Originally posted by Mountain Man View Post
                    This is one of those "True but misleading" statistics. iPhone is the most popular single brand only because there is a huge variety of phones sold with Android, making it almost impossible for any single hardware manufacturer to dominate the Android market. However, Android is by far the world's most popular OS on smartphones by a huge margin.

                    http://techland.time.com/2013/04/16/ios-vs-android/

                    As for security risks to iPhone users if iOS were ever opened to other app sources, Apple could always leverage their considerable marketing expertise to educate customers that the Apple app store is the safest and only method guaranteed by Apple for installing software.
                    I think my source disagrees with your source.
                    "Down in the lowlands, where the water is deep,
                    Hear my cry, hear my shout,
                    Save me, save me"

                    Comment


                    • #11
                      Originally posted by Mountain Man View Post
                      This is one of those "True but misleading" statistics. iPhone is the most popular single brand only because there is a huge variety of phones sold with Android, making it almost impossible for any single hardware manufacturer to dominate the Android market. However, Android is by far the world's most popular OS on smartphones by a huge margin.

                      http://techland.time.com/2013/04/16/ios-vs-android/

                      As for security risks to iPhone users if iOS were ever opened to other app sources, Apple could always leverage their considerable marketing expertise to educate customers that the Apple app store is the safest and only method guaranteed by Apple for installing software.
                      You can already install third party software on your iphone by jailbreaking it. But it voids the warranty. That's all Apple has to do, is say fine, install what you want, but don't come crying to us if your phone gets malware or ransomware.

                      Comment


                      • #12
                        Originally posted by Raphael View Post
                        I just read an exploit today in WhatsApp that even effects iOS so their guarantee is useless (full disclosure, I despise Apple's OS, and only use their products because my kids school insists they have an apple device)
                        Nothing. I can install apps from other sources and install other market places on my Android phone.
                        Because Apple has a monopoly over anyone locked into the Apple ecosystem. If you have spend hundreds (or even thousands) of dollars on software on iOS, you can't change to a different phone OS without losing them.
                        It looks like he made a decision based on his understanding of the Law, which is what a Supreme Court Justice is meant to do. The idea that Judges should make their rulings based on the ideology of the President who appointed them is wrong.
                        and since there are other options for, computers, smart phones, and tablets then Apple it is not considered a monopoly

                        Comment


                        • #13
                          How does Apple make such a guarantee anyway? A lot of malware is created by "legitimate" developers and disgruntled ex-employees, in addition to the many other means of exploiting security weaknesses in smart phones. The more people using a product, the more interest there will be in infiltrating that product.

                          Comment


                          • #14
                            Originally posted by LeaC View Post
                            How does Apple make such a guarantee anyway? A lot of malware is created by "legitimate" developers and disgruntled ex-employees, in addition to the many other means of exploiting security weaknesses in smart phones. The more people using a product, the more interest there will be in infiltrating that product.
                            They don't make any guarantees. I think there have been some bad software that has gotten through. But it is pretty rare.

                            Comment


                            • #15
                              Originally posted by Sparko View Post
                              You can already install third party software on your iphone by jailbreaking it. But it voids the warranty. That's all Apple has to do, is say fine, install what you want, but don't come crying to us if your phone gets malware or ransomware.
                              Android has a simple software switch that allows you to install apps from 3rd party sources, but it pops up all sorts of dire warnings when you use it. If Apple does that then they'll be fine, at least legally. From a consumer standpoint, though, they have done years of marketing/deception suggesting that their products "just work" and are impervious to viruses and other exploits, and their most faithful customers (that is to say people who think computers are magic and can't find the power button without detailed instructions) might ignore similar warnings thinking, "It's Apple! What could go wrong?"
                              Some may call me foolish, and some may call me odd
                              But I'd rather be a fool in the eyes of man
                              Than a fool in the eyes of God


                              From "Fools Gold" by Petra

                              Comment

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