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Developers Looking to Set Up Alternatives To Apple's App Store

TechDirt is reporting that in response to the frustrations with Apple's app store dictatorship, a few developers are looking to set up their own alternative app stores. Alternate app stores would only work on jailbroken phones, making their adoption scope limited, so the question is whether Apple will go after these start ups on the legal battlefield. "Apple, which collects a 30% commission from sellers on its store, doesn't break out the site's revenue. Brokerage firm Piper Jaffray estimates the site generated about $150 million in sales last year and projects total sales will grow to $800 million this year. Apple did not respond to requests for comment. But it has said in the past that with the iPhone it was trying to strike a balance between a closed device like the iPod and an open device like the PC."

35 of 192 comments (clear)

  1. Legal Issues by nurb432 · · Score: 2, Informative

    Well, of course Apple will go after them. They don't have a history of laying down.

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    ---- Booth was a patriot ----
    1. Re:Legal Issues by TubeSteak · · Score: 3, Interesting

      Well, of course Apple will go after them.

      On what basis?
      It isn't illegal to sell or offer gratis software for a platform.
      It isn't illegal to setup a website.

      Apple can claim whatever they want about jailbreaking, but the only people they can sue over it are the people developing jailbreak tools and the people using them. What does this online store have to do with either of those groups?

      --
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      o0t!
    2. Re:Legal Issues by Vectronic · · Score: 2

      At least until someone posts a link, or the jailbreaking application itself.

      Sure, they can delete those posts/users... but that pisses off the users and frustrates the n00bs "how do i do this???"... the store dies, a new one opens, community withers, ideas lose momentum, people go back to the 'Apple' store because "it's always there"... open-stores fail.

    3. Re:Legal Issues by risk+one · · Score: 4, Interesting

      Actually, if these stores can be set up as legitimate for-profit businesses, I wouldn't be surprised if this could lead to an antitrust case, forcing Apple to open up the iPhone.

      Or rather, another antitrust case.

    4. Re:Legal Issues by Anonymous Coward · · Score: 2, Interesting

      All that may be true but it doesn't matter if what you are doing is legal. Apple will destroy them financially by tying everything up in court.

      It will definitely attract Apple's attention. As the OP said, Apple has a long history of getting in people's faces about the silliest things.

      I would love for someone to stand up and smack them down but it's going to take a bunch of money.

    5. Re:Legal Issues by 99BottlesOfBeerInMyF · · Score: 2, Informative

      Well, of course Apple will go after them.

      On what basis?

      Actually, they could go after them for contributory copyright infringement. They just have to prove the Website operator knew about the infringement of Apple's copyright, contributed to it in any way including facilitating it or motivating it, and profited from it. I don't like said laws, but they do exist and are enforced.

      Apple can claim whatever they want about jailbreaking, but the only people they can sue over it are the people developing jailbreak tools and the people using them. What does this online store have to do with either of those groups?

      We heard very similar things during the commercial P2P cases. Don't listen to me or 'TubeSteak' though, Slashdot isn't the place to get your legal advice.

    6. Re:Legal Issues by mjwx · · Score: 4, Insightful

      On what basis?
      It isn't illegal to sell or offer gratis software for a platform.
      It isn't illegal to setup a website.

      Dont worry, they'll find one. Copyright and Intellectual Property are two of the leading contenders. Remember the "look and feel" lawsuits.

      If there really is as much money as they say in this, Apple wants all of it.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  2. Anti-competitive behavior? by ta+bu+shi+da+yu · · Score: 4, Insightful

    Surely a case could be made against Apple's anti-competitive behaviour?

    In Australia, what Apple is doing is against the law, under our anti-third-line forcing legislation.

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    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:Anti-competitive behavior? by falcon5768 · · Score: 3, Informative

      nope, because you dont have to buy a iPhone, same argument as always. If the iPhone where the ONLY phone on the market, yes a case can be made, but its not nor is it the only phone to offer apps, and Apple doesnt do anything to prevent other players from having the same Apps AS the iPhone has, and thus doesnt do anything all that monopolistic.

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    2. Re:Anti-competitive behavior? by ta+bu+shi+da+yu · · Score: 4, Informative

      That argument doesn't work. eBay was not the only online auction system on the Internet, but they got done like a dinner for third-line forcing when they tried to make everyone in Australia only use PayPal.

      --
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    3. Re:Anti-competitive behavior? by Darkness404 · · Score: 2, Informative

      Well, arguably Ebay is the most popular auction site. The iPhone is by far not the most popular phone. I think I have seen more Samsung Propels in use then iPhones. Sure, most everyone wants an iPhone and it is rather popular for its limitations (one carrier, expensive plan, etc), but compare the iPhone's marketshare in phones to Ebay's in online auctions and you will see that Ebay is very, very, popular, the iPhone... Not so much.

      --
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    4. Re:Anti-competitive behavior? by fooslacker · · Score: 2, Interesting

      A fairer comparison would be the iPhone's market share for smartphones. Not all phones play in this space. Your point could still hold, I have no idea what these numbers are but to equate the market for mobile talking with the market for all mobile computing because the iPhone is also a phone is a bit over simplistic.

    5. Re:Anti-competitive behavior? by dgatwood · · Score: 2, Interesting

      That argument doesn't work. eBay was not the only online auction system on the Internet, but they got done like a dinner for third-line forcing when they tried to make everyone in Australia only use PayPal.

      As I understand it, third-line forcing is when you refuse to sell one good or service unless the customer agrees to buy another good or service. In the case of eBay and PayPal, by not allowing you to pay using another service, they were making your ability to purchase a product on eBay contingent upon you paying for a second product (PayPal's payment service). You couldn't buy the first product (used junk) without buying the second one (PayPal tax).

      By contrast, you can clearly buy an iPhone without being forced to buy applications from the app store, so unless I'm misunderstanding something, I don't see how that could be third-line forcing. That said, IANAL.

      --

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  3. Striking a balance by dmoen · · Score: 5, Insightful

    "the iPhone ... was trying to strike a balance between a closed device like the iPod and an open device like the PC"

    The correct "balance" between open and closed is *open*.

    --
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    1. Re:Striking a balance by icebike · · Score: 5, Insightful

      Mr BadAnalogyGuy, is that you?

      You can buy any truck you want.

      But if you buy a Ford, you have to by Exxon Gas only, and you can only carry people and things in your truck which have been approved by Ford, and you can only use Ford parts, and you can only use Ford windshield washer fluid, and the radio will only tune in the Ford Station.

      If you put any item not approved by Ford and sold by Ford in the truckbed your warranty is void and you committed a DCMA violation.

      --
      Sig Battery depleted. Reverting to safe mode.
    2. Re:Striking a balance by wish+bot · · Score: 2, Interesting

      The problem I have is that they can write/develop anything they want, and they can even sell it for any price they want, they just can't do it through Apple's store.

      So who the hell cares? Just because you write a great book doesn't oblige Dymocks to sell it. You may have trouble getting anyone to sell it. You might - gasp - have to resort to selling it on the Internet.

      Just like the guys in the article are doing. Big deal, grow up, and stop waiting for the world to solve you problems for you.

      --
      lemonade was a popular drink and it still is
    3. Re:Striking a balance by icebike · · Score: 4, Informative

      Apple is not UP Front with their application denial policy. It has never been explicitly publicized, and it is enforced with whimsy and capacious inconsistency. They disallow one app but allow another that does the exact same thing. They disallow competent email apps because they would "compete" with the built in Email app. Compete? (They mean "show up".)

      Some apps they refuse to give because Steve Jobs says NO. No other reason. The Iphone Camera can take movies. (Most cell cameras can). Steve says NO. If you jailbreak you can take movies.

      If you live in Apple's world, have a Mac at home, you probably think this is just the way it is. But if you come from a Linux or Windows environment you can not conceive of why one Fart app is denied while another is approved. Why you can't send MMS on the device.

      And because you are from the Mac world this is ok by you, you are so used to being told exactly what you can and can't do by Apple you know no other way.

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      Sig Battery depleted. Reverting to safe mode.
    4. Re:Striking a balance by binarybum · · Score: 3, Insightful

      I call bullshit. There are plenty of apps available from the appstore that I think most people would agree are of extremely low quality. Apple wants to profit off of every piece of software that is made for the iphone, hence the app-store etc. They will continue to do this until developers lose interest because of more flexible devices with higher market shares. Until then, they will stand behind this quality argument which is clearly a load of wet poop.

      you can peel my goofy Slashdotter ideals out of my cold dead hands.

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      ôó
    5. Re:Striking a balance by mcrbids · · Score: 3, Insightful

      The correct "balance" between open and closed is *open*.

      Except when it isn't. "Open" means diddly squat to most users. "Open" platforms that become suitably popular result in applications like punch-the-monkey downloads and pseudo-useful malware.

      Yes, *nix has an intrinsically better security model. Yes, OSX shares most of that security model. Yes, *nix derivatives are going to be more resistant to automated virus attacks and the like due to their open nature and simpler (read: understandable) security models.

      But all systems, Unix, OSX, Windows, and BeOS share a common vulnerability: the end user. PEBKAC*. No security model will insulate systems against their owners, though Microsoft shows signs of wanting to go that direction, so does Apple.

      Just like moderated forums (like Slashdot) work to filter out the crappola, so too can a pseudo-open environment such as Apple's app store - they want to weed out the stuff that's likely to piss anybody off, provide only good-quality softwares that won't hork their systems, and also BTW compete with them.

      All in all, it's not a bad idea. It's not for everyone, and if you want the freedom to install punch-the-monkey applications, you sure can. In a sense, my "open" Fedora laptop exists in a balance between closed and free: I basically don't install applications that aren't found in a yum repo that I trust. I don't install stuff from tarballs. I don't dicker with binary files. I could, but I won't. Even when the door is as open as possible, I still prefer the safety provided by a vendor, so for me, I've chosen a more "closed" route.

      Not everyone wants to be a computer weenie, and it's OK that Apple recognizes this fact!

      * Problem Exists Between Keyboard And Chair.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    6. Re:Striking a balance by icebike · · Score: 3, Funny

      Yes, spawn of Santa, mothered by Dyslexia.

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      Sig Battery depleted. Reverting to safe mode.
  4. Define for me please. by senorpoco · · Score: 2, Interesting

    How does creating a device tied to your store not meet the definition of an unfair monopoly?

  5. Why do companies always do this? by Wahesh · · Score: 2, Insightful

    Apple has a good product with a popular app store, and attempts to over control both. This is only going to inhibit the growth of the app store. If Apple allowed jail broken phones to use the app store, apple would make more money, the developers would be happier, and most importantly the users would be happier.

  6. Re:NO. NOT NOW. NOT EVER. I'M COMING FOR ALL OF YO by Anonymous Coward · · Score: 2, Insightful

    What part of "I'm carrying a unique serial number that's pinging its current GPS location to AT&T and Apple every few seconds" do you not understand? You break their contract, maybe they start going through your photos, call logs and other private information...

    How do you know that won't happen either way?

  7. Re:screw it by Kalriath · · Score: 5, Funny

    I can't find a real moderation for this, so I'll settle for a virtual moderation of "-1 Huh?"

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  8. Deep insight on iPhone app usage by earlymon · · Score: 2, Funny

    http://www.theonion.com/content/amvo/iphone_app_usage_drops_off

    Yeah, I stopped using the 'Dial Phone Numbers and Talk' application like two days after getting it.

    --
    Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
  9. Actually... by Jon.Laslow · · Score: 5, Informative

    "If Apple allowed jail broken phones to use the app store..." They do - I frequent the Apple App Store and Cydia on my jailbroken iPhone 3G. The issue is about developers being able to sell apps that aren't permitted on the Apple App Store because they use undocumented APIs, compete with Apple apps, etc...

  10. Write a web application by johnthuss · · Score: 3, Interesting

    I'm working on a GWT framework for the iphone that will allow you to write a web application that looks and behaves just look a native application. A web app can get surprisingly close to being indistinguishable for native thanks to a few features in MobileSafari like:

    1) Offline application support
    2) Hardware-accelerated animations
    3) Chrome-less UI
    4) Custom application icon

    Since it is a web app you avoid the stranglehold of the app store and the LONG processing time of applications (I know, I have applied and been accepted). You also get the freedom to update your app immediately at any time without needing apple's approval.

    1. Re:Write a web application by Bassman59 · · Score: 2, Funny

      I'm working on a GWT framework for the iphone ...

      GWT == Global War on Terror?

  11. Re:NO. NOT NOW. NOT EVER. I'M COMING FOR ALL OF YO by Darkness404 · · Score: 3, Informative

    You break their contract, maybe they start going through your photos, call logs and other private information...

    Well, this is AT&T we are talking about who illegally assisted the NSA with warrant-less wiretaps... So I imagine that they don't care how your contract status is, they might be doing it right now, all in the name of fighting "terrorists".

    --
    Taxation is legalized theft, no more, no less.
  12. Monopoly's in the Market Power by weston · · Score: 2, Insightful

    eBay was not the only online auction system on the Internet

    While this is true, there's a much stronger argument that eBay has monopoly-like market power when it comes to online auctions than exists for the iPhone.

    If you want a phone or PDA or convergence device, there's nothing about the *market* that would compel you to buy an iPhone. If you need to auction something online, there are definitely pretty powerful market reasons to go for eBay. It doesn't really matter much if Apple suddenly forbids all third-party apps of any kind and changes all their phones so you have to shake them in order to dial or something equally silly. There's enough competition that the market will route away from their products soon enough. eBay... not so much.

    There's really only one place Apple's had anything close to monopoly power, and that's if you wanted to buy or sell music online, which is why you heard labels complaining a few years ago when they realized the DRM they'd insisted on was accidentally giving Apple tremendous power as a retailer. Given that the barrier to entry into the online music marketplace is actually pretty low (dealing with the labels over ownership issues is probably the most difficult part) that's not even a particularly strong complaint.

    Apple's desire for control is sometimes a major pain, but it's not a monopoly.

  13. Old news.... move along... by diggitzz · · Score: 5, Insightful

    This is old news -- Cydia and associated apps have been available on jailbroken iPhones for at least a couple of years now! The most awesome apps I downloaded through Cydia and its Installer App were the BSD Subsystem, OpenSSH Server (0_o!), and Terminal! With those three in hand, the iPhone became just another node on my network, capable of scripted rsync backups and other automated shell customizations! I think that the realization that the iPhone is a fully functional handheld machine is the primary knowledge that Apple seeks to keep out of the hands/heads of the general public. Perhaps the goal is to sell more Macs... or maybe the goal is to soon "open up" the platform to all developers/apps and topple the monopolistic/racketeering practices of phone cos and rival closed-platform phone/handheld manufacturers, similar to what they did with iTunes and DRM? One can only hope...

    but in the meantime, one can just jailbreak the iPhone ;-)

    --
    -=[You cannot consistently judge this statement to be true.]=-
  14. Bundling does NOT automatically mean monopoly by hellfire · · Score: 5, Insightful

    In US law, for any company to be a monopoly, it has to be the only player in the market, or have a dominant market share in the US market. Microsoft owns 90% of the desktop operating system market. That's a monopoly. Apple isn't even the #1 phone manufacturer in the US yet. It's getting there, but not yet. It's far from dominant in the cell phone industry.

    If you are a monopoly, you can't "bundle" basically, because that means you are using your leverage in one market to take advantage of another. If you aren't a monopoly, then it's up to the market to decide if the bundle you created is a buoy for greater sales, or an anchor that sinks you to the bottom. Microsoft has tied IE to it's OS. It used it's OS dominance to edge out Netscape and not allow anyone to preinstall it on PCs, and edge AOL off PC desktops in preinstalls and forced them to put MSN installs on them instead. That's anticompetitive, because AOL and netscape (no matter how they sucked at the time) could not compete by going to a PC manufacture and offering a better deal. That's not the sole reason for their collapse, but by denying consumers choice, you damaged both these company's businesses.

    There are no US laws that explicitly state that bundling is across the board illegal. There are no US laws that state bundling itself is a monopoly practice. There are laws that state bundling is illegal for true monopolies. Once you lesser Slashdot peons who don't understand antitrust law get that thru your thick heads, the sooner the elite of this site will allow you to join our ranks, and be allowed to use the abbreviation /.er and be cool like us ;)

    --

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  15. They're not complaining (much) about Apple's cut. by Ungrounded+Lightning · · Score: 2, Interesting

    If they are really complaining about the 30% that apple is charging they they are just being greedy.

    As I read TFA they're not complaining about Apple's cut. They're complaining about the process of becoming a developer and releasing products being slowed to a crawl and/or stonewalled entirely by Apple's bureaucracy.

    Apple's cut has been mentioned mainly as the likely downside for itself of Apple's intransigence and a motivation for Apple to go after the alternative distributor(s) in the courts and otherwise.

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  16. Moreover why bother? by goombah99 · · Score: 4, Insightful

    One has to ask what the market sector is here since it is inconvenient for both developers and users. And it seems to me it is, perhaps obviously, only going to be people who have to have contracts with companies that don't use iphones.

    That is to say, as a user there is the problem that I can't update my iphone easily. Each time I try there's a high likelihood my jailbreak will bust. And it's also possible my non-apple approved applications will also break. So there's no assured path forward when there is a pressing need to update the phone comes along. even trivial issues could become strong motivations to update: for example perhaps I need a new verison of quiktime to view some new content I want to see.

    And for developers. Well why bother when there is the android market beckoning. Surely that market is going to swamp the jailbroken iphone market shortly.

    So my feeling is that this ecosystem is going to shrink not grow with time as android takes over and apple issues enough annoying needful updates.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  17. Now imagine... by tkrotchko · · Score: 2, Insightful

    "Apple will destroy them financially by tying everything up in court."

    Now imagine if they took those resources and used them to get in front of the developer requests for iPhone/iPod. They would build a better system for developers and users and would easily win competing on the merits of what they sell rather than an attempt to stifle what I think is legitimate competition.

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