Comment Re:[sigh] (Score 5, Insightful) 457
Most (not all) antitrust legislation is aimed at preventing monopoly exploitation of alternate markets. There is little evidence that Apple has any sort of monopoly unless the category is defined so narrowly as to be useless.
Well, there is some prior case history on this. Back in the late 90's, MS was found guilty of exploiting a monopoly with Windows with regards to Netscape and Internet Explorer. They used their market position with Windows to push IE onto Windows Users. Never mind the fact that alternative operating systems existed. Never mind the fact that people COULD install other browsers once they installed Windows. They looked at the market space that was defined by Windows programs, and looked to see if MS was abusing that space. It's not a far fetched idea to translate that to the iPhone issue. Apple is locking off their internal market space by using what is a monopolistic hold on their operating system. The difference here, is that people CANNOT install competing software from another source than Apple. So in a sense, it is a clearer case than MS lost.
Users are free to choose another device if they feel that strongly about the situation.
And people were free to chose a different OS from Windows. Yet they still found the MS exploited a monopolistic hold on the OS to push IE. Apple clearly does have a monopolistic hold on the iPhone OS (Even stronger of one than MS did). The question is not are people free to choose another device, but are those with the device free to choose another avenue of operation (away from Apple). The average user isn't told that their phone won't run non-Apple approved apps before hand. The average user isn't told "If you don't like these policies, don't buy this phone". They are told "Check out what this phone can do!", and "Look at all these apps it can run!". Not to mention that once they buy the phone, they are locked into a multi-year contract which will cost them money to terminate. So at absolute least, if this is not an abuse of monopolistic power, it is a case of deceptive advertising. They are not presenting users with a fair and complete choice. They are showing one side of it, and then locking down the other. So yes, users are free to choose another device, but they aren't given enough information (without going out and knowing what to look for) to make that choice intelligently.
I still don't see why Apple aren't allowed to set the terms of participation in their program. If you sign up as an iphone/ipod/ipad developer, you know what you're getting into, and you know they can change their rules at any time.
Well, it's quite simple. They are allowed to set the terms of participation. However, I don't think they should be able to change their rules at any time (And/Or enforce them retroactively). If I signed up and agreed to their terms 6 months ago, I would be abiding by their rules to develop in {insert language x here} and convert to ObjC for submission. So I spend 6 months working on my application, only to be told today when I submit that it's no good because they "changed their rules". In my mind, there are few clearer examples of abuse of market position than that. It's an arbitrary rule set out do nothing but exact control (They have reasons why they did it, presumably to stick another knife in Adobe). But it does have significant collateral damage (being the developers who now have lost time because they were following the rules a month ago). And those interests do need to be protected.
Just my $0.02...