Epic v. Apple: Florian Mueller takes a victory lap

From “FOSS Patents was right while others were wrong on scope of Epic Games v. Apple injunction as court order denying stay clarifies: NO IAP ALTERNATIVES ALLOWED, period” posted Wednesday:

See I told ya so. Under the Epic v. Apple injunction as it stands, Apple still does not have to tolerate alternatives to its own In-App Purchasing (IAP) system. What some others told you–which was the opposite–did not age well. I don’t even blame The Verge’s Nilay Patel and others as much for having been wrong initially as I criticize them now for not having recognized their error after I pointed it out.

The original problem was that they just didn’t care to read the relevant parts of the underlying judgment, which is amateurish but can happen, and that they failed to see the implausibility of their interpretation, as Epic’s “hotfix” that gave rise to last year’s court filings would have been allowed under that reading of the injunction.

We all make mistakes, but there’s what I find irresponsible: by refusing to backtrack and apologize, they were being bull-headed at best and cynical at worst–cynical in the sense of reiterating a clear legal error that could lead others to make costly mistakes (developing program code that Apple was sure to reject), only to avoid that a wider audience would become aware of some people’s failure to digest a court order.

My take: Unlike Nilay Patel, we had this right the first time. Nonetheless, Mueller’s victory lap goes on for 1,700 more words. TL;DR.

See also: What’s eating Florian Mueller?


  1. Robert Paul Leitao said:
    This is really much ado about nothing. Yesterday’s ruling on Apple’s request has absolutely nothing to do with implementing alternative payment systems. Florian Mueller was correct in his analysis of the original outcome of the case. The District Court’s original rulings were overwhelmingly in Apple’s favor. Let’s all move on… Nothing has changed.

    November 10, 2021
  2. Gregg Thurman said:
    Where, oh where to put this?

    Apple announces BUSINESS ESSENTIALS, an Apple device support product for small (up to 500 employees) as a subscription service. $2.99 to $12.99 per month per employee, dependent on number of managed devices. Later may include 4 hour repair service.

    Looks like an initial assault on the enterprise.

    How long before Apple buys IBM, and modifies IBM’s business model? In my opinion it’s that or every Apple Store in the US is going to expand dramatically over the next 10 years.

    That thing you see writhing in the corner is MSFT’s PC component.

    November 10, 2021
    • Gregg Thurman said:
      Remember the Geek Squad?

      How long before we see Apple logo electric vehicles touting on-site small business Apple support and repairs zipping around town?

      November 10, 2021
    • David Emery said:
      I sure would NOT want Apple to buy IBM, assuming (a) corporate culture, (b) pension obligations!

      And I suspect my friend who worked with my wife at IBM who now works for Apple could agree. Yup: “Oh, God, no. IBM should be left to die a slow painful death.”

      November 10, 2021
    • Fred Stein said:
      I like the thought, but no. (You were facetious eh?)

      One more button Tim won’t push, “buy” for large obsolete businesses.

      Look at Apple and ATT and VZ. Like IBM, these bloated old nags provide lousy service but Apple lets them sell iPhones and other stuff (and give us super trade-in deals). Apple will continue it’s partnership with IBM, while it nibbles away, building brand loyalty and high margin services.

      November 10, 2021
    • Jerry Doyle said:
      This news announcement of Apple launching a subscription service aimed at small-business users also blew me away this morning when I first saw it. It puzzles me why the news media didn’t give the announcement more attention and it didn’t seem to phase those on WS.

      Small businesses are the anchor to the U.S. economy. Statistics show that small business accounts for about ½ of GDP. About ½ of all US workers are employed by small businesses. That means about 60 million employees in the U.S. work at a small business. There are over 30 million small businesses in the U.S. Small businesses comprise 99.9% of all U.S. businesses. There is gold in them ther’ hills, as the cliché goes.

      It is clear that Apple is going after this segment of the America’s vast enterprise sector. During my government career I ran small businesses on-the-side and know unequivocally that this move by Apple is needed in this vast market area by small business owners from the Mom & Pops to the maximum small businesses employing upwards to 500 workers.

      So, Apple launching this business subscription service targeted at this business sector excites me immensely. Considering Tim Cook’s close ties with IBM and IBM’s need for establishing an appropriate linkage with a powerful and influential network of resources to match their own to pump adrenaline into that company, I say Brother Gregg Thurman may be own to something, although I want go as far as to say Apple acquires IBM. It could happen, but IBM’s own deep DNA culture would not fit well with Apple’s deep DNA culture; but, I can see the two working closely together on this enterprise thrust as they already do in some areas.

      November 10, 2021
  3. Gregg Thurman said:
    When I started my business buying/selling surplus/out of service communications equipment way back in 1987, the field was loaded with firms doing the same thing.

    When warranties were 90 days I offered one year at no extra cost.

    When everyone else offered warranties I offered advance warranty replacement.

    When you bought an item from me you got free technical support until the problem was identified, everybody else charged for tech support, or limited time on phone to 10 minutes.

    I charged a bit more for my repaired/refurbished product and grew from $0 to $6,000,000 per year in 10 years.

    That’s when the lack of managerial skills and an over inflated ego (I undertook a software development program I was unqualified to manage) buried me.

    Except for the managerial skills I see some parallels between my customer support efforts and Apple’s.

    November 10, 2021
    • David Emery said:
      As a business philosophy, “Under promise and over deliver.”

      November 10, 2021
  4. Kirk DeBernardi said:

    Here is the article that you’re referring to Gregg. Interesting little tidbit. There are a lot of small businesses out there, eh?

    Apple + Enterprise (large & small) + Apple silicon + AppleCare.

    Certainly looks like a sprout for an eventual harvest to me.

    Consider the possibilities.

    November 10, 2021

Leave a Reply