[HN Gopher] Facebook reportedly prepping antitrust lawsuit again...
       ___________________________________________________________________
        
       Facebook reportedly prepping antitrust lawsuit against Apple on App
       Store rules
        
       Author : PieUser
       Score  : 145 points
       Date   : 2021-01-29 19:10 UTC (3 hours ago)
        
 (HTM) web link (www.businessinsider.com)
 (TXT) w3m dump (www.businessinsider.com)
        
       | wayneftw wrote:
       | I just want to be able to build an app and put it on my phone,
       | which I supposedly own, without having to jump through any of
       | Apple's hoops.
       | 
       | Is this lawsuit going to help me in any way?
        
       | utiac wrote:
       | Please don't link to paywall information.
        
       | outside1234 wrote:
       | Sounds great. Let's break up Facebook AND unbundle the iOS app
       | store.
        
       | woah wrote:
       | So refreshing to see Facebook fight for the little guy for once
        
       | rtx wrote:
       | Yes, this is great for my specific use case.
        
       | mrkramer wrote:
       | I still don't understand is Apple conservative about AppStore
       | because of security reasons or like Zuck said they prefer their
       | own apps and services. I mean if Google open sourced Android why
       | wouldn't Apple ease their AppStore policies?
        
         | sjwright wrote:
         | Apple sees privacy as a marketable point of differentiation to
         | its competitors. I for one appreciate that Apple's approach is
         | a choice available to me as a consumer.
         | 
         | Meanwhile, the arc of Google's Android platform has been
         | steadily bending away from open source, not towards it.
        
           | mrkramer wrote:
           | I understand that privacy is point of differentiation but on
           | Android you can still load any .apk file on any Android
           | device on iOS devices not so much.
        
             | sjwright wrote:
             | Effective privacy protection means that app developers need
             | strong incentives to follow strict rules. I for one
             | appreciate that Apple's approach of enforcing strict rules
             | is a choice available to me as a consumer.
        
       | ogre_codes wrote:
       | I think Facebook has 2 or 3 targets here.
       | 
       | They want to force Apple to open up the restriction on the App
       | Store. Apple has been slowly turning the screws making it more
       | and more difficult to get information out of the phone. I'm not
       | sure Facebook is going to be able to get that, but I suspect they
       | have a plan B which is iMessage.
       | 
       | iMessage is Apple's secret "Social Network". When I quit
       | Facebook, it's what I turned to, and I know a lot of people who
       | rely on it as their primary way of keeping in touch with friends/
       | family and the increasing functionality of iMessage is becoming
       | more of a threat to FB.
       | 
       | While Facebook, Instagram, WhatsApp and all the other messaging
       | apps have to beg to get access to Photos, Location, ApplePay,
       | cameras, FaceId, etc, with iMessage everything is permitted out
       | of the box. Apple has a whole mini-App Store for iMessage which
       | isn't really possible with Facebook.
       | 
       | Finally, I'm sure Facebook would absolutely love to open up their
       | own Ad-supported App Store which tracks everyone to their hearts
       | content. Piles of money building an App Store, particularly when
       | someone else is building the whole tool-chain to make it work and
       | you just have to serve up the content.
        
       | mercurialshark wrote:
       | It is entirely appropriate to consider Apple's conduct as anti-
       | competitive and/or acting as part of a cartel, without asserting
       | that the appropriate remedy is an injunction allowing Facebook to
       | utilize user's unique device ID's to the benefit of Facebook's
       | ads systems for ad targeting.
       | 
       | In other words, this particular case may help elucidate Apple's
       | dominance/influence on the market, but that does not necessarily
       | mean that the privacy changes in and of themselves are the
       | foundational antitrust issue.
        
         | sjwright wrote:
         | That makes no sense. Apple is guilty for doing the right thing?
         | 
         | If you want to demonstrate market dominance, write a clear
         | definition into the law and enact it.
        
           | mercurialshark wrote:
           | I'm not addressing guilt, but to your point, it may be but
           | one way to demonstrate their market dominance (even if the
           | consequences are beneficial for consumers).
           | 
           | If you spent illicit funds on a good cause, it can still be
           | used as proof of your control over the funds.
           | 
           | So Apple's position and influence over the market may raise
           | antitrust concerns, but that doesn't mean I don't want
           | privacy protections (I do!).
           | 
           | As an example, a drug dealer can give money to their
           | community and while it's going towards a good cause, that
           | doesn't change who/how they are donating. Companies can have
           | similar conduct in hopes that an enforcement action would be
           | perceived as harming the consumer/retail investors.
        
       | jswizzy wrote:
       | The pot calling the kettle black
        
       | [deleted]
        
       | newbie578 wrote:
       | While I might not like Facebook, I am supporting them on this
       | decision. It is dire time to get rid of the App Stores, Google's
       | and Apple's, they are a net negative for everyone except them.
       | 
       | If you are a small developer, you can get review bombed and your
       | app download rate can take a drastic hit, while if you are cozy
       | with the big players ( _wink wink_ RobbingHood) Google will take
       | down your 100k negative reviews.
       | 
       | They keep reaping the rewards for doing absolutely nothing,
       | except having the app be searchable.
       | 
       | You do your own marketing, you develop your own app, you design
       | your own app, you have nothing from Apple except that you need to
       | ask for their permission to push your product on their walled
       | garden.
       | 
       | Of course I would love not to push it on the App Store, but they
       | do not allow competition on iOS, which is the prime case for
       | anti-trust.
       | 
       | iOS does not make the smartphone experience, the apps make the
       | smartphone experience. The order of priority should not be
       | forgotten.
       | 
       | If Spotify, Facebook, Google, Netflix and Amazon disappeared
       | overnight from the App Store, I would love to see how willing
       | would people be for their "eco-system" (walled garden)??
        
         | birdyrooster wrote:
         | There is a symbiosis between Apple and its developers, both are
         | responsible for the experience and Apple reviews apps and
         | maintains submission standards for that reason.
        
       | Mc_Big_G wrote:
       | Makes sense that Facebook would fight anything that helps people
       | realize how many ways they track and manipulate users.
        
       | chairmanwow1 wrote:
       | Wow. I didn't realize that all we needed to bat back the absurd
       | monopolistic practices of the tech giants was a big tech civil
       | war.
       | 
       | The absurdity is compounded by the fact regulators never had the
       | gumption to hunt the tigers themselves.
        
       | benrapscallion wrote:
       | As if we needed further proof of exactly what kind of a company
       | Facebook is and what their core business is.
        
       | eznzt wrote:
       | >the iPhone-maker abused its power in the smartphone market by
       | forcing app developers to abide by App Store rules that Apple's
       | own apps don't have to follow
       | 
       | Yeah... So?
        
         | damagednoob wrote:
         | That could be seen as abusing their monopoly. Judges tend to
         | take a dim view of that.
        
           | dleslie wrote:
           | Apple does not have a monopoly any more than Ford or Toyota
           | do.
        
             | damagednoob wrote:
             | Using your analogy, Ford/Toyota would own the roads. IANAL
             | but this strikes me a lot like the lawsuits Microsoft was
             | being slapped with in the 90s/2000s[1].
             | 
             | [1] https://en.m.wikipedia.org/wiki/Microsoft_Corp._v._Comm
             | issio...
        
               | dleslie wrote:
               | Er, no. Using my analogy T-Mobile et al own the roads.
        
               | threeseed wrote:
               | Microsoft had a dominant market share within the
               | computing industry.
               | 
               | At one point it was as high as 95%. Apple is not remotely
               | close to that.
        
           | roywiggins wrote:
           | First Apple needs to be found to have a monopoly.
        
             | izacus wrote:
             | Didn't Apple fans happily report that Apple collects 120%
             | of all mobile profits?
             | 
             | That majority of phones sold in US are iPhones? That Apple
             | market share became majority last year in US?
        
               | roywiggins wrote:
               | I'm not saying it is or isn't, just that arguing Apple
               | really is a monopoly is going to be a large part of
               | Facebook's case.
        
             | viscanti wrote:
             | Second, consumer harm needs to be proven.
        
               | eznzt wrote:
               | Where is the consumer harm in not allowing Facebook to
               | track users between apps?
        
       | jandrese wrote:
       | Facebook is fighting the good fight for evil reasons. They
       | complain that Apple's restrictions on apps are not applied to
       | their own apps, given them an unfair advantage and also
       | preventing people from developing real QoL improving apps for
       | iPhones. That sounds reasonable. But then the stated reason is
       | that Facebook wants to be able to better track what people are
       | doing with their phones, so now I want both sides to lose.
        
         | zpeti wrote:
         | Shame on people for downvoting you. You are 100% correct
         | factually, and imo morally too.
        
         | sjwright wrote:
         | Apple apps don't do what Apple is restricting other developers
         | from doing here, so any claim that these restrictions aren't
         | applied to their own apps is moot.
        
         | lmilcin wrote:
         | Let's not forget, that Facebook also owns its own platform. And
         | Facebook has long tradition of doing basically the hell they
         | want with it including whatever they want with user data,
         | offering products aimed at influencing election results,
         | building products to compete with existing businesses on their
         | platform and then deplatforming competitors, etc.
        
           | jandrese wrote:
           | Yes, it would be deliciously ironic if Facebook won the case
           | and was then forced to abide by the same mandate of openness.
        
       | mrtksn wrote:
       | Any chances of having juicy revelations like those we had with
       | Apple v.s. Samsung? I loved the early prototypes and Samsung
       | "Apple did this, we did this, fix it to make ours the way Apple
       | is" documents that came out as evidence in the court.
        
       | davzie wrote:
       | Apple are a private company and can do whatever they want...
        
         | ziftface wrote:
         | Why is hacker news full to the brim with this exact comment?
         | This is a flawed worldview. Private companies cannot do
         | whatever they want. When they are as big and their reach is as
         | far as Apple's they have a further responsibility to society.
         | What that is exactly can be decided in court, but the limit to
         | their power isn't "whatever they want".
        
           | Nasrudith wrote:
           | Well established legal principles - ones old enough to be in
           | Latin. "Nullum crimen sine lege" or "no punishment without
           | law". Despite prevalent feelings of how it should be there
           | needs to be an actual law broken to say they can't do that.
           | Being a jerk isn't a crime.
           | 
           | Anything isn't literally correct - if Apple decided and
           | openly "we don't serve Jews" they would rightfully get in big
           | legal trouble from several fronts from Civil Rights to
           | shareholder lawsuits angry about the needless illegal mess
           | they just made. But if there is no law it really is against
           | them.
           | 
           | Responsibility to society is a dangerously vague term and not
           | backed by force of law for reason. Laws may fall under that
           | as a label such as legally defined minimum of taxes but so do
           | any number of potentially mutually exclusive opinions.
           | 
           | I have yet to see a coherent proposal for defining a remotely
           | popular new law to restrict undesired behaviors - let alone
           | one that would be constitutional as well.
        
           | zepto wrote:
           | I'd like to see Facebook's 'responsibility to society'
           | examined first.
        
             | davzie wrote:
             | I was being contrarian hoping that someone posted the gold
             | that was the person you replied to. The irony in that
             | comment is incredible!
        
               | ziftface wrote:
               | I aim to please. Now tell me: what about my comment is
               | wrong?
        
         | whoisjuan wrote:
         | A very original take on this situation.
        
         | barneygale wrote:
         | The rallying cry of the apocalypse
        
       | akmarinov wrote:
       | Facebook: "Your honor, Apple implemented a prompt to ask people
       | whether they want 3rd parties to track them, using their own
       | data."
       | 
       | Judge: "Case closed."
        
         | izacus wrote:
         | Well, it can be more like "Your honor, Apple demanded that all
         | their competitors implement a prompt to ask people whether they
         | want tracking, but their own tracking is hidden under "System
         | services" [macOS] or under another separate, by default
         | enabled, switch [iOS].
         | 
         | They also demand that our Messenger discloses list of collected
         | data, while apple's iMessage messenger does not disclose the
         | data collected by Apple corporation as part of their iCloud
         | service suite."
         | 
         | Facebook is a scummy company. But Apple is hiding their own
         | tracking under default opt-in switches and using double
         | standards as well. It's funny that their own apps don't
         | disclose all the data that iCloud collects and uses for basic
         | functionality like messaging.
         | 
         | Having BOTH corporations honestly disclose what they collect
         | would be the biggest win for us.
        
           | Dirlewanger wrote:
           | I get FB's argument, but I have little sympathy. Apple
           | doesn't sell user data unlike FB.
        
           | viscanti wrote:
           | This feels like false equivalency. Sure, it would be great if
           | consumers had better visibility into how data is used, but
           | one company is an ads company where the users are the product
           | and the other sells hardware and services.
        
             | izacus wrote:
             | When it comes to antitrust for platforms, equivalency is
             | exactly what's being tested. That is: are 3rd party
             | applications treated the same as 1st party ones?
        
               | viscanti wrote:
               | No it doesn't. Antitrust comes down to if there's harm to
               | the consumer from the behavior of the company. If Apple's
               | tracking is sufficiently different than Facebooks
               | (because one is a hardware and services company
               | collecting data to improve the hardware and services and
               | the other is selling the data for ads), then it's a false
               | equivalency to group them together.
        
           | quickthrowman wrote:
           | Apple doesn't sell user data, totally different than
           | Facebook.
        
             | justapassenger wrote:
             | They "sell" user data in exactly the same way, just on
             | smaller scale. They have ads in appstore, that are based on
             | your behavior.
        
           | zepto wrote:
           | "But Apple is hiding their own tracking under default opt-in
           | switches and using double standards as well."
           | 
           | This is, as far as I can tell, completely false.
           | 
           | Apple has been asking for explicit opt-ins for years, and is
           | only now requiring apps to follow suit.
        
             | izacus wrote:
             | That's not the case on my macOS MacBook or my iPad.
        
               | threeseed wrote:
               | You were asked on every single OS update whether or not
               | you wanted to share usage and crash data with Apple and
               | third party developers.
               | 
               | And it is opt-in.
        
               | zepto wrote:
               | If you do a clean install, you'll find that you are asked
               | to opt-in to all the services that collect personal data.
               | 
               | You may not remember it, and I think that some of the
               | opt-ins persist across device restores, but all the data
               | collection is through explicit opt-ins.
        
             | bilbo0s wrote:
             | This is the difference. Apple is explicitly opt-in. (In
             | fact, a very large number of people opt-out of Apple's as
             | soon as they get the prompt.) The non-Apple ones are
             | completely opaque to the user.
             | 
             | They should _all_ be opt-in.
        
           | krrrh wrote:
           | Except Apple does provide very detailed information about the
           | sorts of data it collects, why it collects it, and how it
           | uses it.
           | 
           | https://www.apple.com/privacy/
           | 
           | It's bundled apps do not track users across the internet,
           | which is the crux of Facebook's issue.
           | 
           | Just because Apple's bundled apps aren't on the App Store and
           | don't have the same nutrition facts scorecard it doesn't mean
           | that they aren't communicating their approach to privacy
           | loudly and in detail elsewhere.
        
             | izacus wrote:
             | The question is - is that shown next to iMessage with the
             | exactly same dialog and messaging as for all their
             | competing apps? Same UI location? Are Apple's first party
             | apps treated the same as their competitors?
             | 
             | Because there's a difference between a big in-your-face
             | popup and a website far away from the device actually
             | running iMessage.
        
           | threeseed wrote:
           | Apple specifically details what data is collected under the
           | "About iMessage and FaceTime & Privacy" link within the
           | Messages preferences.
           | 
           | And their description listed under the Privacy section, "The
           | Apple advertising platform does not track you" couldn't be
           | more clear.
           | 
           | Maybe you can outline exactly how Apple is tracking you ?
        
             | izacus wrote:
             | > Apple specifically details what data is collected under
             | the "About iMessage and FaceTime & Privacy" link within the
             | Messages preferences.
             | 
             | So does Facebook. But Apple then demanded that everyone
             | except them shows a big disclosure popup in AppStore which
             | doesn't appear for their apps since they're preinstalled.
             | 
             | > And their description listed under the Privacy section,
             | "The Apple advertising platform does not track you"
             | couldn't be more clear.
             | 
             | Note the weasel phrase "Advertising platform". Remember,
             | Apple keeps all of our private data, messages and even
             | locations stored on their servers. Well, at least from most
             | of us that use iCloud.
        
               | threeseed wrote:
               | The world doesn't revolve around Facebook.
               | 
               | Almost every single app on the store doesn't have a
               | comprehensive Privacy section. And so enforcing this on
               | behalf of users is a very positive and important step.
               | 
               | And yes in order to offer backups, have a cloud-based
               | Messages service and offer features like Find My they
               | will need to collect data.
               | 
               | But all of that can be switched off and Location Services
               | for example is opt-in by default.
        
               | kinkrtyavimoodh wrote:
               | > The world doesn't revolve around Facebook.
               | 
               | Well said. However, if you are a business owner today who
               | wants to be able to put out their app to half their
               | customer base, your world does revolve around Apple,
               | which is what those of us who don't agree with the way
               | Apple runs its App Store hegemony don't want to happen.
        
               | tyfon wrote:
               | > Note the weasel phrase "Advertising platform".
               | Remember, Apple keeps all of our private data, messages
               | and even locations stored on their servers. Well, at
               | least from most of us that use iCloud.
               | 
               | Isn't all this private data encrypted with the user keys?
               | 
               | That's the impression I have gotten at least and I hope
               | I'm not wrong.
        
         | ardit33 wrote:
         | if apple does similar tracking themselves, but don't allow
         | third parties, then FB might actually have a case there...
        
           | zepto wrote:
           | They don't
        
             | m00x wrote:
             | Source?
        
               | zepto wrote:
               | It's widely known that Apple asks for an opt-in
               | explicitly for user data collection.
               | 
               | It doesn't require a 'source' to check this.
               | 
               | If you have a source showing that they are doing tracking
               | without consent, _that_ would be relevant, and would
               | indeed favor facebook's case.
        
               | shuckles wrote:
               | None of their apps use data for tracking according to
               | their nutrition labels.
        
       | loceng wrote:
       | Let Facebook and Apple fight to educate the masses on their
       | bullshit - while hopefully one or more strong competitors start
       | scaling?
        
       | ve55 wrote:
       | Note that it _is_ possible for these accusations to have some
       | merit even if the accuser has engaged in similar things on their
       | own.
       | 
       | There's no need to group every interaction into political
       | dichotomies.
        
         | lmilcin wrote:
         | Up to some point.
         | 
         | But once you are well known for abusing power your own cries
         | when you are on receiving end of abuse kinda loose their power
         | to get me motivated to defend you.
         | 
         | For me it is rather clear case of wrestling between large
         | corporations to see how much they can push the balance of
         | power.
         | 
         | FB was quite happy to be pre installed on many an Android phone
         | and enjoy preferential treatment. I don't remember them crying
         | for equal treatment then and if not being able to uninstall FB
         | from a phone is not a preferential treatment then I don't know
         | what is.
         | 
         | https://time.com/5497200/samsung-facebook-app-delete/
        
         | zepto wrote:
         | Yes, but in this case it's obvious that the only reason they
         | are doing this is because of Apple's requirement for people to
         | consent to tracking.
         | 
         | There is every reason to believe that this case is being shaped
         | either a shakedown or to shape the market to facebook's wishes,
         | and not to serve an idealistic public good.
         | 
         | Pretending this is not the case would be willful ignorance that
         | nobody should engage in.
        
           | ve55 wrote:
           | It may be in FB's best interest, but I would prefer we
           | approach it by asking "Will this help consumers, users, and
           | independent developers?", instead of "Will this help FB?
           | Because if so, count me out".
        
             | zepto wrote:
             | It's not going to help consumers and independent
             | developers.
             | 
             | Facebook and a preparing the case and does not care at all
             | about either group, except perhaps to be able to take a
             | slice of the action themselves.
             | 
             | If the Facebook app was also an App Store, we'd be in a
             | much worse situation than we are now.
             | 
             |  _Some_ kind of intervention in the market might help those
             | groups.
             | 
             | This has absolutely nothing to do with that. It's just
             | dressed up in that language to mislead people about what
             | it's intent is.
        
               | dhnajsjdnd wrote:
               | One can just as easily say "Apple doesn't care about the
               | users, they're just trying to make money selling phones
               | and getting a bigger cut of transactions that happen on
               | the phone". These sorts of statements are somewhat true,
               | but ultimately not relevant to law or public policy. In
               | reality you'd find that companies are composed of
               | individuals with a diverse range of motivations.
               | 
               | If you find yourself unable to contemplate that the
               | thousands of people at company X as something other than
               | a unified blob of evil, it might be a useful exercise to
               | seek other perspectives and practice some empathy. It'll
               | make the world easier to understand.
        
               | zepto wrote:
               | 'One can just as easily say "Apple doesn't care about the
               | users, they're just trying to make money selling phones
               | and getting a bigger cut of transactions that happen on
               | the phone".'
               | 
               | Yes one can, and one can make a case for that based on
               | the aggregate of the companies behavior and statements of
               | their executives.
               | 
               | If you don't look at the actual companies, it's easy to
               | make a false equivalence like this.
               | 
               | In this case actually looking at Facebook's behavior,
               | incentive structure, and the statements of its executives
               | support the position I have taken.
        
               | dhnajsjdnd wrote:
               | Looking at the company's behavior and incentive structure
               | is definitely more relevant than trying to read the tea
               | leaves of motivations.
               | 
               | Facebook's business is getting paid by companies to help
               | them sell goods and services to consumers. Facebook is
               | claiming that Apple's changes make it harder for them to
               | do that. Don't Facebook's claims match its incentives
               | here?
        
               | zepto wrote:
               | Your description of Facebook's business is incomplete.
               | 
               | Facebook's business is getting paid by companies to help
               | them sell goods and services to consumers _by tracking
               | user behavior without consent so that they. can sell
               | targeted ads, and by keeping users engaged with the ad
               | delivery platform by presenting content algorithmically
               | selected to provoke emotional reactions._
               | 
               | Those are the incentives.
        
       | zepto wrote:
       | Each time the issue of action to force Apple to open the App
       | Store comes up, I usually mention that Facebook will be the first
       | to open a store.
       | 
       | If Facebook prevails, at the very least every developer and every
       | user will have to deal with both Apple's store _and_ Facebook's
       | store.
       | 
       | We know that Facebook will permit apps which do tracking without
       | consent.
       | 
       | This situation is objectively worse for both consumers _and_
       | developers than what we have now.
       | 
       | It's also worth pointing out that Facebook would be unaffected,
       | or indeed May even benefit if the overall app marketplace
       | contracted due to erosion of user trust.
        
         | chairmanwow1 wrote:
         | Dev's taking a 30% slice of revenue is abject absurdity and
         | multiple stores would force competition on this front.
        
           | zepto wrote:
           | That may be true, but this remedy would still harm both
           | developers and users much more than the 30% does.
           | 
           | Having to support multiple stores will cost small developers
           | much more than it does large ones.
           | 
           | And having to deal with more scammy apps, and the loss of any
           | tracking prevention will be a pure step backwards for users.
           | 
           | Nobody should support this move by Facebook, even if you
           | believe the app market needs reform.
           | 
           | A Facebook App Store is obviously not the solution.
           | 
           | There is actually no reason why the 30% couldn't just be
           | regulated directly, e.g. in the way that music performance
           | royalties are regulated.
        
         | dylan604 wrote:
         | Even if FB does open a store, the apps released on it will
         | still be controlled by the OS of the device. So if iOS still
         | says you can't track, you must get permissions for specific
         | access, then that's how it will be. FB has no control over
         | that.
        
           | zepto wrote:
           | This is just not how it works.
           | 
           | Apple's rules relies on both controlling the API _and_ the
           | App Store rules, to prevent tracking and other kinds of
           | misuse.
           | 
           | Facebook's store simply wouldn't have rules against
           | fingerprinting etc, and of course the Facebook store app
           | itself could issue and manage tracking identifiers.
        
             | dylan604 wrote:
             | So you're saying that even if a developer doesn't want to
             | bother with the tracking, the FB store will demand you put
             | stuff in to feed their beast? Again, I still say that the
             | device itself will need to grant an app access to things
             | like GPS, etc. If the user says OK to that request, then
             | whatevs, but the OS will still force the app to request
             | permission.
        
               | zepto wrote:
               | > So you're saying that even if a developer doesn't want
               | to bother with the tracking, the FB store will demand you
               | put stuff in to feed their beast?
               | 
               | No - why would this conversation have anything to do with
               | developers _who don't want to do tracking_?
               | 
               | I'm saying that developers who _do_ want to track users
               | across apps (including anyone who used the Facebook api)
               | would be able to do so without getting user consent. If
               | they couldn't get an identifier from the OS, they would
               | be able to get one from the store app, _so OS based
               | permissions would be irrelevant_.
               | 
               | > Again, I still say that the device itself will need to
               | grant an app access to things like GPS, etc. If the user
               | says OK to that request, then whatevs, but the OS will
               | still force the app to request permission.
               | 
               | This is irrelevant to preventing tracking of user
               | behavior across apps without consent _which is what
               | Facebook is arguing for_.
               | 
               | However you raise a good additional point. An app which
               | asks for GPS to provide a local feature would _also_ be
               | able to sell that data behind the scenes without consent,
               | if the app was sold on a store other than Apple's.
               | 
               | None of this is good.
        
         | paxys wrote:
         | A Facebook store would be an instant flop because it adds
         | nothing of value to the ecosystem. By your logic why aren't
         | they running a successful store on Android?
        
           | zepto wrote:
           | Facebook makes a bunch of profit right now from selling app
           | install ads.
           | 
           | They would instantly start selling those apps themselves.
           | 
           | They would also instantly start selling apps that collect
           | user data without consent.
           | 
           | Tell me again how that would be a flop?
        
       | shuckles wrote:
       | Facebook is more popular than iOS, and they maintain a developer
       | platform as well. What kinds of distinctions could they draw
       | which force Apple to open up its platform without also having to
       | open up the Facebook SDK? Should courts force Facebook to allow
       | apps that populate newsfeed?
        
         | axlee wrote:
         | This is a bad faith argument: an operating system is
         | fundamentally different from an application.
        
           | ogre_codes wrote:
           | Not at all.
           | 
           | What is Apple's monopoly? It is not in Smartphones, they
           | barely have 50% share. Their monopoly is on access to iOS
           | users.
           | 
           | You cannot claim iOS is a monopoly without saying the same
           | thing about Facebook. Facebook has a monopoly on Facebook
           | users.
        
             | mhh__ wrote:
             | Monopoly != Trust
        
           | shuckles wrote:
           | Web browsers are applications where similar arguments apply.
           | Facebook once had thousands of 3rd party applications running
           | on their platform and has steadily removed support for most
           | of them. I'm not asking on behalf of a random weather app;
           | I'm asking on behalf of an application with more users than
           | iOS. I don't think there's a universe where Apple removes
           | Facebook from the App Store. At that point, why are you a
           | mere app developer or why should you be treated as such?
           | 
           | As an aside, I'm asking the question very sincerely. I'm
           | always open to more developer platforms - it's in my
           | professional interest.
        
         | dleslie wrote:
         | Indeed. Where is my ability to run my own ad service, payment
         | processor, et cetera through Facebook's servers?
        
           | shuckles wrote:
           | I'm sure Google would love to let users choose whose ad
           | network delivers them ads on Facebook properties. There might
           | even be room for innovation here.
        
         | ogre_codes wrote:
         | Facebook is more prevalent/ ubiquitous than iOS.
         | 
         | I'm not sure I'd agree it's more popular.
        
           | shuckles wrote:
           | Sure. My question still stands with your framing.
        
             | ogre_codes wrote:
             | It's a neat question, I wish I had a good answer.
        
       | msoad wrote:
       | I think this is going to _protect_ Apple from antitrust lawsuits.
       | Nobody like Facebook in the current government. They certainly
       | won 't help Facebook in this case. This is all on top of how
       | absurd and unpopular this lawsuit is to begin with.
        
       | ralmidani wrote:
       | I try to evaluate these BigCo vs. BigCo battles individually
       | rather than always dissing one company or being a fanboy for
       | another. In that vein, I support Apple in its attempts to clamp
       | down on FB's egregious tracking and data collection. At the same
       | time, I support Epic's attempts to break up Apple's stranglehold
       | on in-app payments. On that last issue specifically, I am even
       | sympathetic to FB's claim against Apple.
        
         | root_axis wrote:
         | I appreciate your appeal to nuance.
        
       | fossuser wrote:
       | The best analysis of this is from Stratechery:
       | https://stratechery.com/2020/privacy-labels-and-lookalike-au...
       | 
       | --
       | 
       | "Amazon, meanwhile, is increasingly where shopping searches
       | start, particularly for Prime customers, and the company's ad
       | business is exploding. Needless to say, Amazon doesn't need to
       | request special permission for IDFAs or to share emails with 3rd
       | parties to finely target its ads: everything is self-contained,
       | and to the extent the company advertises on platforms like
       | Google, it can still keep information about customer interests
       | and conversions to itself. That means that in the long run,
       | independent merchants who wish to actually find their customers
       | will have no choice but to be an Amazon third-party merchant
       | instead of setting up an independent shop on a platform like
       | Shopify.
       | 
       | This decision, to be clear, will not be because Amazon was acting
       | anticompetitively; the biggest driver -- which, by the way, will
       | also benefit Facebook's on-platform commerce efforts -- will be
       | Apple, which, in the pursuit of privacy, is systematically
       | destroying the ability of platform-driven small businesses to
       | compete with the Internet giants."
       | 
       | --
       | 
       | FB has a point here, but I'm still hoping Apple wins - I'd rather
       | the tracking model not be viable.
        
         | saltedonion wrote:
         | This is true but the solution should be anti trust action
         | against amazon as well, as opposed to let fb be monopolistic
         | and "give small business a chance"
        
         | dalbasal wrote:
         | There is the "technically true" way of looking at this, and
         | there's the non-legalistic, subjective judgement of these
         | companies.
         | 
         | FB, their business model and modus operandi is filthy. They
         | really moved the overton window on what is morally normative in
         | terms of advertising... and then applied those norms to
         | everything... content, not just advertising.
         | 
         | Apple do stuff you might disagree on. They normalised demoting
         | applications to "apps," which exist inside a walled garden, pay
         | rent and play by Apple's rules. This might not be a good vibe.
         | But, the app store isn't their product.
         | 
         | Monopoly, by and large, is not Apple's business model. Apple
         | are big enough that they do monopolize markets, like the app
         | store. But the app store isn't the product or business model.
         | Selling phones is. They don't generally pursue dominant market
         | shares, prefering to cream the high end.
         | 
         | A business model that isn't inherently monopoly seeking at its
         | core, isn't mostly about data, advertising or somesuch... that
         | basically makes Apple a shining example. Everything is
         | relative.
         | 
         | That said, despite hoping FB lose generally, I do hope that
         | antitrust builds up to something meaningful. I'll be hoping for
         | a guilty.
        
         | walrus01 wrote:
         | > FB has a point here, but I'm still hoping Apple wins - I'd
         | rather than tracking model not be viable.
         | 
         | I think it's possible for two things to be true simultaneously:
         | 
         | a) it's bad and wrong for apple to demand 30%, or whatever it
         | is, as a cut of any payment made inside an app distributed
         | through their app store
         | 
         | b) apple blocking tracking and advertising networks at the
         | operating system level (API calls between the app running on a
         | phone or tablet, and the underlying OS) is a net benefit for
         | the consumer end user. obviously apple has a very different
         | perspective on this since they are not facebook, or google, and
         | not dependent upon advertising revenue.
        
           | pradn wrote:
           | b) Apple blocking tracking is only a net benefit if you value
           | privacy enough to overweigh the drop in customers for niche
           | businesses well served by targeted ads.
        
           | Forge36 wrote:
           | What's up stop b) from being "goodbye api" and completely
           | removing it? I'd assume at some point any App could be
           | expected to make required updates for a variety of reasons.
           | Like any other tool: what obligations does a manufacturer
           | have to continue creating replacement parts?
        
             | dylan604 wrote:
             | If it is truly a manufacturer making replacement parts,
             | then they have to have enough stock to fulfill warranty
             | requests for the life of the warranty. Otherwise, they have
             | to replace the entire thing.
        
         | m-ee wrote:
         | This presupposes that this tracking heavy targeted advertising
         | has positive ROI for these small businesses. Is there any
         | evidence this is actually true?
        
           | llbeansandrice wrote:
           | Yes. I know someone who runs a blog that shows ads. Since
           | Google adwords/sense and modern targeted ads became a thing
           | their revenue from the business has basically doubled if not
           | more.
        
           | manigandham wrote:
           | Yes. This question seems to come up constantly as if
           | advertising is still some arcane art. Facebook and Google are
           | incredibly good at this and have the valuations to show for
           | it.
           | 
           | Highly targeted advertising can produce great results and
           | there was a time where Facebook was basically a money-
           | printing machine for affiliate and ecommerce because it was
           | so good at finding and reaching the perfect customer. This
           | has become saturated and results have dissipated somewhat but
           | it's still very strong.
        
             | newfeatureok wrote:
             | I'd love to see some research about this from an unbiased
             | source showing that targeted advertising produces great
             | results in small businesses (<100 employees, or <5M revenue
             | yearly).
        
               | aardvarkr wrote:
               | Anecdotal but I've always heard from marketing friends
               | that Facebook ads are hands down the best ads and yield
               | many multiples of the cost of the ads
        
               | manigandham wrote:
               | What about all the actual small businesses that have
               | positive ROAS? There are millions of them on Facebook's
               | platform. What kind of other research are you looking
               | for?
        
               | ta1234567890 wrote:
               | It would also be important to know, not if ads can
               | produce great results, but how many companies do they
               | provide great results for? Even better, what percentage
               | of all business that run online ads get a positive return
               | on their investment, and what is the average of that
               | return.
               | 
               | My personal experience is that it is pretty hard to get
               | consistently good performance running campaigns on FB or
               | Google. It requires a lot of learning and a lot of trial
               | and error. On top of that, they constantly push you to
               | spend more by giving you dubious recommendations on how
               | to "improve" your campaigns. Very hard to believe that
               | the average small business is actually capable of running
               | good campaigns and consistently make money from them.
        
             | Retric wrote:
             | Small business are well known for making very poor
             | decisions on average. Just look at Groupon and Food
             | Delivery App XYZ. Moving lots of inventory at negative
             | margins is much easier than doing so profitability, which
             | is one of the reasons they so frequently fail.
        
               | manigandham wrote:
               | Sure, nothing prevents a business from making poor
               | decisions that puts them out of business. Why is that
               | specific to ads?
        
             | mattkrause wrote:
             | I'm not sure that answers the question.
             | 
             | It's not impossible that Facebook and Google capture all of
             | the value--or more--that their clients generate by running
             | ads: Bob's Burgers runs $500/mo worth of ads, only
             | generates $400 in (new) profit from them, but is afraid to
             | stop because Paul's Pizza is also running ads and they
             | might lose even more marketshare.
        
               | jamiequint wrote:
               | That's theoretically true but not true in reality, ask
               | one of any of the thousands of new (in the last ~8 years,
               | since FB launched lookalike targeting) businesses that
               | grew to millions of dollars of revenue off of FB ads. I
               | personally know at least 10 whose primary early growth
               | mechanism was Facebook ads. They work.
        
         | mrtksn wrote:
         | So to break Amazon monopoly, the users must be tracked all day
         | long, have complete profile of every living person and these
         | people should not be asked first?
         | 
         | Why not break Amazon through regulatory power instead of total
         | population tracking?
         | 
         | I alo don't buy the small local business argument. If a local
         | bakery wants to reach me, they can put a sign or do a promotion
         | like giving a free cookie with the coffee on my way to work. It
         | will also benefit the local community instead of a soulless
         | corporation in SV.
         | 
         | When there's no Facebook, there's no FB for all of these
         | bakeries. I don't die out of hunger because I failed to see
         | targeted ad, instead I look at the maps or walk around and find
         | the shops or ask a friend for a recommendation. The bakeries
         | can excel in quality, have amazing prices etc. to reach me,
         | like the old days.
         | 
         | An optimised version of FB's business is one where all the 3
         | bakeries in my neighbourhood give all their margin to FB in
         | attempt to sell me cookies. Even better for FB if they optimize
         | their cookies for lowest possible quality, just enough that the
         | ads can drive me to buy one.
        
         | dereg wrote:
         | I do not agree with the quoted train of logic in the context of
         | an antitrust suit. It leads to the conclusion that X (Facebook)
         | should wage an antitrust lawsuit against Y (Apple) in order to
         | achieve an outcome that would help tame the growth of Z's
         | (Amazon) market position.
         | 
         | If the United States feels that Amazon is an anticompetitive
         | company, then that position should be litigated in and of
         | itself.
         | 
         | It's understandable that Facebook feels righteous in filing a
         | proxy lawsuit for its advertisers. They've had their hand in
         | the cookie jar of so many internet transactions for so long
         | that they cannot imagine the horror of not knowing about any of
         | them.
        
           | fossuser wrote:
           | It's worth reading the entire blog post I linked - it's good
           | and provides more context.
           | 
           | I only quoted a relevant subsection because I know otherwise
           | 99% of people won't click through to read any of it.
        
             | [deleted]
        
         | echelon wrote:
         | The solution is this:
         | 
         | 1. Apple iPhone needs to be an open platform. Users can install
         | apps from wherever and don't have to go through Apple
         | distribution. (But Apple can still provide this for convenience
         | and discovery, and still charge a fee.)
         | 
         | 2. Installing apps includes a strong permissions API. The
         | filesystem, sensor access, GPS, etc. can be cordoned off and
         | requires user intervention. Heuristics and isolation can
         | prevent apps from sharing data for tracking/identification.
         | 
         | The reality is that Apple outgrew their platform and it can't
         | continue to exist as a walled garden without being a monopoly.
         | They can't have their cake and eat it too. Otherwise Facebook
         | has a case. Epic has a case. Etc.
        
           | design-material wrote:
           | Isn't this essentially saying:
           | 
           | 1. Make Apple build a strong permissions API that covers the
           | filesystem, sensors, GPS, isolation, privacy, tracking
           | protection etc.
           | 
           | 2. Force Apple to provide this for free to all developers
           | (allowing them to charge for access to list on the App Store)
           | 
           | ?
        
             | Rumudiez wrote:
             | They already do. It's called Safari
        
           | fossuser wrote:
           | I don't agree with this or want this.
           | 
           | I like that Apple has leverage to tell app developers to
           | adhere to their platform rules in ways that benefit Apple's
           | users.
           | 
           | If Apple was wielding this to harm users that'd be one thing,
           | but they're not, they wield it to prevent spammy crap, to
           | make it easy to subscribe and unsubscribe, to prevent spying
           | and tracking, etc.
           | 
           | That's why I value and buy Apple products, if someone wants
           | an open platform they can buy something else. They're not a
           | monopoly and they don't act in a way that harms their users.
        
             | Barrin92 wrote:
             | >if Apple was wielding this to harm users that'd be one
             | thing
             | 
             | walled gardens harm users by definition because they reduce
             | competition. Forcing an open API would immediately create
             | the opportunity for people to offer competing clients for
             | any Apple (or Facebook etc) service, drive down costs,
             | produce new ways to interact with the services of large
             | companies and so on, it would immediately unlock the
             | ability of countless of independent creators to produce new
             | products.
             | 
             | In fact if you were to open up Facebook, Apple's apis and
             | so on and turned them into open protocols you would not
             | even necessarily need invasive privacy regulation, people
             | could just build a privacy respecting Facebook client that
             | lets people interact with the service in a way _they_ want,
             | getting an algorithm free news feed if they want, stripping
             | out baggage they don 't need. It would solve a large
             | majority of the exact issues that we have with large tech
             | companies.
             | 
             | Apple does hold a monopoly over all Apple users, which
             | gives them market power the same way a monopolistic company
             | in a larger market exercises power. It's actually straight
             | up depressing for someone to say "well I benefit from the
             | walled garden". It's no different than someone saying "I
             | like the oligarch because he treats _me_ nicely "
        
               | spideymans wrote:
               | Sure, but consumers should be free to make that decision
               | themselves. The government shouldn't force it upon them.
               | 
               | Apple has not deceived consumers with regards to their
               | App Store practices. On the contrary, they've been quite
               | boastful about it. There are (and were) plenty of open
               | computing platforms, allowing consumers to experience
               | their benefits and tradeoffs. If consumers prefer to use
               | a more locked down platform, then so be it.
        
               | Mindwipe wrote:
               | > Sure, but consumers should be free to make that
               | decision themselves.
               | 
               | Why? The state makes a variety of judgements that
               | corporations cannot leave things up to user choice
               | because that's too dangerous to wider society.
               | 
               | Apple can't sell an iPhone that occasionally electrocutes
               | users and out it down to "user choice." We rightly ban
               | that.
        
               | spideymans wrote:
               | >Apple can't sell an iPhone that occasionally
               | electrocutes users and out it down to "user choice." We
               | rightly ban that.
               | 
               | That is indeed not banned. You can find many such toys on
               | Amazon.
        
               | Barrin92 wrote:
               | Most people don't even know what a world would look like
               | in which power was taken away from large companies and a
               | genuine market of services would exists that gives power
               | back to the users and developers rather than platform
               | owners. The hold that Apple has on its billion users and
               | that Facebook has on its 2 billion is too strong to be
               | solved by some magical third party. None of the large
               | firms which control our digital infrastructure provides
               | an actual protocols.
               | 
               | The government should absolutely force it on Facebook and
               | Apple and Google the same way the American government
               | forced it on railroad barons a hundred years ago, when
               | they were forced to make their networks interoperable.
               | 
               | Imagine if Volkswagen owned the streets and you could
               | only drive your car on 30% of all roads. Sure you can go
               | to Toyota, you just have to drive in circles. We'd laugh
               | anyone out of the room who actually defended this. Yet
               | this is literally how the internet is structured right
               | now. We live in little fiefdoms where Android users can't
               | talk to imessage users because feudal lords have decided
               | to draw a line across the territory.
        
               | spideymans wrote:
               | >Most people don't even know what a world would look like
               | in which power was taken away from large companies and a
               | genuine market of services would exists that gives power
               | back to the users and developers rather than platform
               | owners.
               | 
               | Consumers knew exactly what more open computing was like
               | prior to the App Store. There were no App Store for
               | Windows or OS X back in 2005, and you could largely
               | install whatever applications you like onto the
               | smartphone operating systems of the day. Evidently, a
               | pretty large chunk of users decided the preferred the
               | more restricted operating system with the "curated"
               | store.
        
             | Mindwipe wrote:
             | > If Apple was wielding this to harm users that'd be one
             | thing,
             | 
             | The ones who have been killed in Hong Kong by Apple
             | throwing protestors under a bus might disagree with this.
             | 
             | Or a variety of sexual subcultures, or sex workers, who
             | Apple relentlessly attack.
        
               | fossuser wrote:
               | You won't find any disagreement from me on this. Western
               | company deference to China is wrong:
               | https://zalberico.com/essay/2020/06/13/zoom-in-china.html
        
           | fiddlerwoaroof wrote:
           | I dunno, hasn't Apple always been the choice for people who
           | want a walled garden? Whether it was the old Macs, iPod or
           | iPhone, Apple's value proposition has always been a curated
           | experience. Given the availability of Android, I have very
           | little sympathy for claims that Apple is doing something
           | wrong by setting the terms of access to its user-base.
        
       | dleslie wrote:
       | Besides payments, this is essentially over Apple's privacy
       | demands isn't it?
       | 
       | If so, I sincerely hope that Facebook loses.
        
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