This is a misrepresentation or misunderstanding of the matter at hand. Mainly floated around by Sweeny as he practices his best Pikachu face.
> So apple responded by allowing developers to apply to place exactly one text-only (non-hyperlink), static, reference to an outside payment source on one page in an app
They allow an actual button that links directly to a website[0].
I mean the article by Apple that describes the terms and options literally is titled “Distributing apps in the U.S. that provide an external purchase link” and there a plenty of examples provided.
> and further added a new term that developers must also pay Apple 27% of all revenue from these off-site purchases.
Both the district court[1] as well as the appellate court that later affirmed the ruling[2] spelled out in clear plain language that developers would still owe Apple the commission, that Apple would be able to audit developers and that it’s all legal because its payment for the use of Apple’s IP.
Only difference is that the courts assumed Apple would simply charge 30% instead of the discounted 27%.
Some examples:
> In essence, Apple uses the DPLA to license its IP to developers in exchange for a $99 fee and an ongoing 30% commission on developers' iOS revenue.
> As the district court noted, in a world where Apple maintains its distribution restriction but payment processing is opened up, Apple would still be contractually entitled to its 30% commission on in-app purchasers. Apart from any argument by Epic, the district court "presume[d]" that Apple could "utilize[e] a contractual right to audit developers ... to ensure compliance with its commissions."
> Because the court upheld the app-distribution restriction, Apple would still be entitled to its 30% commission on in-app purchases within apps downloaded from the App Store. On its own initiative, the district court floated the idea of Apple permitting multiple in-app payment processors while reserving a right to audit developers to ensure compliance with the 30% commission.
> Suffice it to say, IAP is not merely a payment processing system, as Epic Games suggests, but a comprehensive system to collect commission and manage in-app payments.
> First, and most significant, as discussed in the findings of facts, IAP is the method by which Apple collects its licensing fee from developers for the use of Apple's intellectual property. Even in the absence of IAP, Apple could still charge a commission on developers. It would simply be more difficult for Apple to collect that commission.
> So apple responded by allowing developers to apply to place exactly one text-only (non-hyperlink), static, reference to an outside payment source on one page in an app
They allow an actual button that links directly to a website[0]. I mean the article by Apple that describes the terms and options literally is titled “Distributing apps in the U.S. that provide an external purchase link” and there a plenty of examples provided.
> and further added a new term that developers must also pay Apple 27% of all revenue from these off-site purchases.
Both the district court[1] as well as the appellate court that later affirmed the ruling[2] spelled out in clear plain language that developers would still owe Apple the commission, that Apple would be able to audit developers and that it’s all legal because its payment for the use of Apple’s IP. Only difference is that the courts assumed Apple would simply charge 30% instead of the discounted 27%.
Some examples:
> In essence, Apple uses the DPLA to license its IP to developers in exchange for a $99 fee and an ongoing 30% commission on developers' iOS revenue.
> As the district court noted, in a world where Apple maintains its distribution restriction but payment processing is opened up, Apple would still be contractually entitled to its 30% commission on in-app purchasers. Apart from any argument by Epic, the district court "presume[d]" that Apple could "utilize[e] a contractual right to audit developers ... to ensure compliance with its commissions."
> Because the court upheld the app-distribution restriction, Apple would still be entitled to its 30% commission on in-app purchases within apps downloaded from the App Store. On its own initiative, the district court floated the idea of Apple permitting multiple in-app payment processors while reserving a right to audit developers to ensure compliance with the 30% commission.
> Suffice it to say, IAP is not merely a payment processing system, as Epic Games suggests, but a comprehensive system to collect commission and manage in-app payments.
> First, and most significant, as discussed in the findings of facts, IAP is the method by which Apple collects its licensing fee from developers for the use of Apple's intellectual property. Even in the absence of IAP, Apple could still charge a commission on developers. It would simply be more difficult for Apple to collect that commission.
0: https://developer.apple.com/support/storekit-external-entitl...
1: https://storage.courtlistener.com/recap/gov.uscourts.cand.36...
2: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/24/2...