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Class action by Android users over Apple forced programmer exclusivity?

slow down there partner. head and shoulders includes MMS and video recording. yes its touch screen was nice, but relax a tad or u might need ANOTHER change of shorts

also:
Gimped BlueTooth
Gimped Outlook support
No Cut and Paste
Crap camera
No voice dialing

Come on now. When the iPhone first came out it was much, much better than anything else on the market. That's a fact. There was nothing you could really compare it to. Now there are at least half a dozen or more phones on the market that are legitimate competitors.
 
is there are a big black market with stolen phones? is cell phone stealing common in Europe?

Why would anyone over here bother stealing a phone, when the operators give most of them away free (or for peanuts) under contract, which one can then unlock (thanks to the SIM) at the end of the contract period, to use on any other network?

Short enough?
 
But that stomps all over competition.

As I wrote before, competition is good, necessary and perfectly ethical, but exclusion contracts are tantamount to racketeering.

If you still don't understand the moral implications, then let me simplify it for you:

In an open-air market there is a stall-holder selling apples. He has a complete monopoly because there are no other apple sellers in that market. This is not good for consumers, since the lack of competition causes vendor apathy, who then lacks the motivation to improve his products or reduce his prices. However, there is nothing unethical about this monopoly, since it's simply the natural product of an emerging market (this marketplace was only recently opened).

Then one day another apple seller sets up a stall in the same market, and the two vendors compete on both the quality and price of their goods. The market is now more balanced and healthy, and consumers now have more choice of better products at lower prices. Again this is perfectly ethical, since the two vendors are competing purely on the merit of their products and prices.

But then a third apple seller enters the market, who has no interest in competing fairly with the other two, either on quality or price or any other criteria. Instead, he contacts a friend who owns the local supermarket, and conspires with him to exclude the other apple sellers from volume discounts of grade A apples from the supplier, as a condition of that supermarket's continued contract with the supplier (blackmail). The result is the other vendors can no longer compete on either quality or price, and so go bankrupt. The market is now back to being controlled by a monopoly, but this time it is not due to natural market conditions, it's due to unethical (and most likely criminal) business practices. And since this sole vendor has already demonstrated his willingness and power to enforce a monopoly, it's unlikely that any competition will emerge in the near future. Consumers now have fewer choices, lower quality products, and higher prices.

This is what exclusion contracts do to the "free" market.

Now you may argue that the victims can simply source new suppliers, or target new demographics, or switch products, or jump through any number of other hoops to avoid this racketeering ... but why should they, or anyone, have to tolerate unethical or criminal business practices? And what guarantee is there that these racketeers wouldn't simply squeeze them out again and again, using the same criminal methods, no matter where they went or what business they were engaged in?

Fair competition involves only the merit of one's products and services relative to others', nothing more. Anything else is not competition, it's gangsterism. If a product or service truly has any merit, then the producer or vendor should not need to stoop to sinister methods to try to sell it. If they do then they should be prosecuted.

Surely this is obvious.
 
Why would anyone over here bother stealing a phone, when the operators give most of them away free (or for peanuts) under contract, which one can then unlock (thanks to the SIM) at the end of the contract period, to use on any other network?

Short enough?

um no, you didnt answer my question.
 
I'm greatly relieved the EU does in fact have such strong regulation of the market, without which we would be subjected to such things as Deep Packet Inspection intercepting our private communications, without any legal recourse.

Brussels to sue UK over Phorm failures ? The Register

But then the US is not entirely powerless to regulate corporate abuse either, as demonstrated by the FCC's intervention when Comcast abused traffic shaping to inhibit customers using BitTorrent, although a later court decision seems to have partially undermined their efforts.

The only dangers I have personally identified with government regulation of business, are those incepted by industry lobbyists seeking to implement Draconian restrictions on their customers, usually as a form of protectionism against failed and archaic business models (e.g. ACTA).

Do you even know whats going on around you? Over regulation is a BAD thing, leads to totalitarianism, and ultimately communism. If thats what you want, go live in China. Government needs to stay out of business as much as possible.


Come on now. When the iPhone first came out it was much, much better than anything else on the market. That's a fact. There was nothing you could really compare it to. Now there are at least half a dozen or more phones on the market that are legitimate competitors.

I can't even begin to describe how wrong that post is. When you do some research, you then have the privilege of getting smashed in a real debate.
 
... Government needs to stay out of business as much as possible.

...

I couldn't agree more. IMO, the biggest problem with government regulation is they have a nasty habit of passing laws on technical matters that they have absolutely no knowledge about. At best they pass laws that can't possibly be followed because they're based on wishful thinking about technical advances. At worst they pass laws that actually keep better technologies out of the hands of consumers. Just look at all the cases of lawmakers actually working to ban dihydrogen monoxide. They catch wind of something that they can take a high-profile stand on, and make it their pet cause to ban/require it, never mind what the real-world consequences might be...
 
I couldn't agree more. IMO, the biggest problem with government regulation is they have a nasty habit of passing laws on technical matters that they have absolutely no knowledge about. At best they pass laws that can't possibly be followed because they're based on wishful thinking about technical advances. At worst they pass laws that actually keep better technologies out of the hands of consumers. Just look at all the cases of lawmakers actually working to ban dihydrogen monoxide. They catch wind of something that they can take a high-profile stand on, and make it their pet cause to ban/require it, never mind what the real-world consequences might be...

Exactly.
 
I couldn't agree more. IMO, the biggest problem with government regulation is they have a nasty habit of passing laws on technical matters that they have absolutely no knowledge about. At best they pass laws that can't possibly be followed because they're based on wishful thinking about technical advances. At worst they pass laws that actually keep better technologies out of the hands of consumers. Just look at all the cases of lawmakers actually working to ban dihydrogen monoxide. They catch wind of something that they can take a high-profile stand on, and make it their pet cause to ban/require it, never mind what the real-world consequences might be...
Hmmmmm, the current housing crisis was caused by government deregulation and government staying out of businesses.

There needs to be oversight because businesses will do unscrupulous things without oversight. And government needs to tread carefully to make sure it's not harming the businesses with too much oversight. It's a very delicate balance.
 
Hmmmmm, the current housing crisis was caused by government deregulation and government staying out of businesses.

There needs to be oversight because businesses will do unscrupulous things without oversight. And government needs to tread carefully to make sure it's not harming the businesses with too much oversight. It's a very delicate balance.

No, the current housing crisis (in the USA) was causing by Bill Clintons push for "equal housing", twisting the arms of banks to give loans to people who should never have gotten them.
 
Hmmmmm, the current housing crisis was caused by government deregulation and government staying out of businesses.

...

Depending on what you read, it was actually worsened (if not caused outright) by the government actively encouraging lenders to loosen lending standards...

EDIT: Beat to the punch by IOWA... :p
 
Do you even know whats going on around you?

Yes, in fact I spend a great deal of time researching current affairs, particularly as they relate to matters of civil liberties.

Over regulation is a BAD thing

That depends on exactly who or what is being regulated, and the motives of those who are doing the regulating. Is it over-regulation to keep a murderer in prison? No. Is China's censorship of the Internet over-regulation? Yes. There's quite a bit of grey area in between. Then again, some areas are very clear indeed, such as the SEC's investigation of Enron, and the DOJ's and EC's investigations of Microsoft.

Corporations, like the people who run them, have the capacity to do wrong, and as long as that's true we'll need laws and regulations to moderate their behaviour. The alternative is anarchy, and even a relaxation of regulation will still have dire consequences, as the ill-motivated elements of society capitalise on that deregulation to unethically exploit others, and engage in sinister behaviour.

leads to totalitarianism, and ultimately communism. If thats what you want, go live in China.

Sorry, but that just sounds like hysterical McCarthyism. Is the American justice system communist too, because it regulates criminal behaviour? Law is not communism. In fact "communism" is not communism, since there are a multitude of radically different socialist ideologies, most of which are utterly ridiculous, and only some of which are actually totalitarian. For example, the purest form of communism, and the one many communist regimes aspire to eventually embrace, Marxism, is actually a form of anarchy, since the ultimate goal of Marxism is the dissolution of the state. I despise Marxism for exactly the same reason I despise anarchy, because it is (in essence) the ultimate form of deregulation ... deregulation which you apparently favour. Consider the irony.

Government needs to stay out of business as much as possible.

Conversely, businesses need to stay out of government as much as possible. Deregulation will do nothing to solve that problem, and indeed will only exacerbate it to the point where democracy will be in danger of being supplanted by corporatism, a form of totalitarianism far more likely to threaten a predominantly right-wing country like America than communism.

I can't even begin to describe how wrong that post is.

The post praising the iPhone was written by A.Nonymous, not me.
 
Come on now. When the iPhone first came out it was much, much better than anything else on the market. That's a fact. There was nothing you could really compare it to. Now there are at least half a dozen or more phones on the market that are legitimate competitors.

You have GOT to be kidding? You obviously were not aware of the smartphone market at the time. I was using Windows Mobile at the time and it was waaaay more powerful than the iPhone OS. All the iPhone did was make the UI more shiny.
 
Conversely, businesses need to stay out of government as much as possible. Deregulation will do nothing to solve that problem, and indeed will only exacerbate it to the point where democracy will be in danger of being supplanted by corporatism, a form of totalitarianism far more likely to threaten a predominantly right-wing country like America than communism

I agree with that.
 
um no, you didnt answer my question.

That's because I don't have any statistics on stolen phones, nor for that matter any other stolen goods. I don't personally know anyone with a stolen phone either (that I'm aware of), and indeed I'm not even aware of any particular trend towards stealing phones in the UK, for the aforementioned reason (because they're generally free anyway).

Do you mean to imply that a phone shouldn't have a SIM, because that will encourage people to steal it?

Should car manufacturers weld the hoods down to make cars less desirable to thieves?

Personally, I don't relish the prospect of scrapping my car every time the fan-belt snaps.
 
You have GOT to be kidding? You obviously were not aware of the smartphone market at the time. I was using Windows Mobile at the time and it was waaaay more powerful than the iPhone OS. All the iPhone did was make the UI more shiny.

Which, along with the powerful app store it developed, led it to become the premier smartphone on the market. I know there are people on here who hate Apple and hate the iPhone, but I find it difficult to see how you can deny the commercial success of the device. you can claim it's crap all you want, but that doesn't change the fact that when it came out, it was a huge, gigantic commercial success. They presented a slick product that was better, visually at the least, than what was out there on the market. This inspired other vendors to try to do the same and now, as I said earlier, you've got several different phones on the market that are legitimate competitors with the iPhone. Could you have said that a year ago? Two years ago? Could you have said that three years ago when it was released?

Unregulated competition is a good thing for consumers. Ultimately, natural monopolies can benefit consumers because they promote competition. As I said earlier, if the iPhone wasn't exclusive to ATT would we see all the various iPhone competitors we see now? If you could take your iPhone and go to any other carrier, these competitors would've never emerged because you would have no demand for them.

Look at the seller in the market selling apples again. Let's say I'm the supplier of the apples and I sign an exclusivity contract with one apple vendor. My apples are better quality and better tasting than the apples the competition is selling. You're saying the feds should step in and force me to sell my apples to everyone? That's not a true free market. In a true free market, my competition would have to either go to another vendor for a similar or better quality product (like VZW is doing with Android) or go belly up. I don't think this is bad for consumers.

Wal-mart is famous for moving into towns and putting mom and pop stores out of business. They sell products that are usually poorer quality than what you find in a mom and pop store, but they sell them much, much cheaper. People patronize the store that has the lower prices. Mom and Pop can't compete with the lower prices and go out of business. Is this a bad thing? For mom and pop it is, but not necessarily for the consumers who, for the most part, like the lower prices. A more regulated economy however would demand that suppliers sell to mom and pop at the same prices they sell to Wal-mart or demand that Wal-mart sell it's products for the same price as Mom and Pop. Of course the former can cause the supplier to suffer a loss and go out of business and the latter still gives Wal-mart the edge as it is making a bigger profit margin on it's goods.
 
You have GOT to be kidding? You obviously were not aware of the smartphone market at the time. I was using Windows Mobile at the time and it was waaaay more powerful than the iPhone OS. All the iPhone did was make the UI more shiny.

The iPhone's biggest feature is its marketing.

Overall, there just isn't much to say about it. It's a handheld "device", and just an average one at that (perhaps below average in certain respects).

But IME people don't buy the iPhone because of what it is, they buy it because of what it represents. They're buying an icon that identifies the purchaser as a "member" of the fantasy extolled by Apple. They're cool techno-revolutionists riding Apple's shiny wagon to suburban utopia, in a polo-neck and flannels.

Whatever.
 
Which, along with the powerful app store it developed, led it to become the premier smartphone on the market. I know there are people on here who hate Apple and hate the iPhone, but I find it difficult to see how you can deny the commercial success of the device. you can claim it's crap all you want, but that doesn't change the fact that when it came out, it was a huge, gigantic commercial success. They presented a slick product that was better, visually at the least, than what was out there on the market. This inspired other vendors to try to do the same and now, as I said earlier, you've got several different phones on the market that are legitimate competitors with the iPhone. Could you have said that a year ago? Two years ago? Could you have said that three years ago when it was released?

Unregulated competition is a good thing for consumers. Ultimately, natural monopolies can benefit consumers because they promote competition. As I said earlier, if the iPhone wasn't exclusive to ATT would we see all the various iPhone competitors we see now? If you could take your iPhone and go to any other carrier, these competitors would've never emerged because you would have no demand for them.

Look at the seller in the market selling apples again. Let's say I'm the supplier of the apples and I sign an exclusivity contract with one apple vendor. My apples are better quality and better tasting than the apples the competition is selling. You're saying the feds should step in and force me to sell my apples to everyone? That's not a true free market. In a true free market, my competition would have to either go to another vendor for a similar or better quality product (like VZW is doing with Android) or go belly up. I don't think this is bad for consumers.

Wal-mart is famous for moving into towns and putting mom and pop stores out of business. They sell products that are usually poorer quality than what you find in a mom and pop store, but they sell them much, much cheaper. People patronize the store that has the lower prices. Mom and Pop can't compete with the lower prices and go out of business. Is this a bad thing? For mom and pop it is, but not necessarily for the consumers who, for the most part, like the lower prices. A more regulated economy however would demand that suppliers sell to mom and pop at the same prices they sell to Wal-mart or demand that Wal-mart sell it's products for the same price as Mom and Pop. Of course the former can cause the supplier to suffer a loss and go out of business and the latter still gives Wal-mart the edge as it is making a bigger profit margin on it's goods.

(points) Bahahaha.. haaha. ha. baha.. ha...
 
you can claim it's crap all you want, but that doesn't change the fact that when it came out, it was a huge, gigantic commercial success.

Personally, I don't think "crap" is a fair characterisation. The iPhone has particular flaws which makes it of no interest to me, but I wouldn't exactly describe it as "crap".

But Apple's "success" is a point of contention, given that much of their success may be attributable to some rather questionable business practises, although I think the iPhone's success is largely a result of clever marketing, rather than anything more sinister.

Unregulated competition is a good thing for consumers.

Regulation pertains to businesses, not competition per se, and an unregulated market actually tends towards monopolisation (the complete lack of competition), specifically due to a lack of regulation to prevent collusion to exclude competition (which you later extol the virtues of). Deregulation is not, in and of itself, indicative of "freeing" the market. The term was hijacked in the 80s to refer to a period during which governments relinquished control of state-owned monopolies to the private sector (i.e. privatisation or de-nationalisation), which certainly was a good thing (with certain notable exceptions, such as the disastrous semi-privatisation of the NHS into "trusts", and the equally disastrous privatisation of British Rail, which actually resulted in bankruptcy).

But the sort of deregulation we're seeing today (or proposed for the future) is an entirely different animal, and one which poses a considerable threat to the very core of our respective democracies, since unregulated businesses have free reign to do pretty much whatever they wish, including the "freedom" to monopolise through collusion to exclude competition, thus essentially destroying the free market, and potentially undermining our civil liberties in the process (corporatism). This is certainly not good for consumers, or citizens in general.

Ultimately, natural monopolies can benefit consumers because they promote competition.

Monopolies never promote competition, since they may present a difficult (or occasionally impenetrable) barrier to entering the market, depending on whether or not that monopoly is the result of an emerging market. IOW one should never actually encourage or wish for a monopoly, but should hope for a balanced market filled with many players, which then offer consumers the most choice, the highest quality, and the lowest prices. Monopolies may present challenges to drive innovation harder than a balanced market, but is it better to endure years of stagnation followed by a single giant leap in progress, with permanently high prices and little choice, or enjoy low prices and infinite choices in an industry which progresses at a steady and predictable pace?

As I said earlier, if the iPhone wasn't exclusive to ATT would we see all the various iPhone competitors we see now? If you could take your iPhone and go to any other carrier, these competitors would've never emerged because you would have no demand for them.

That's a deeply cynical and totally unsupported argument, which assumes the success of the iPhone's competitors can only be attributed to consumers wishing to avoid AT&T. But according to your own logic that doesn't make any sense, because the iPhone is one of the most popular phones on the market, so it seems the carrier is entirely irrelevant to whether or not someone wants a particular handset, unless the iPhone's success can be attributed to AT&T's popularity, which would then defeat your argument completely.

Look at the seller in the market selling apples again. Let's say I'm the supplier of the apples and I sign an exclusivity contract with one apple vendor. My apples are better quality and better tasting than the apples the competition is selling. You're saying the feds should step in and force me to sell my apples to everyone?

Yes, because you would be colluding to exclude a retailer's competitors from the market, which is actionable under antitrust regulations. The market is free for you to sell, not "free" for you to prevent competitors from selling, unless that "prevention" is a natural by-product of your own success (i.e. you outsell them). That isn't business, it's sabotage, or more accurately racketeering. Coincidentally, this business arrangement doesn't actually make much financial sense to you as the supplier, since you'd be unnecessarily limiting your market exposure. Surely it would make more sense for you to sell to as many retailers as possible, in order to maximise your turnover.

I'm free to live in my house, but that doesn't somehow magically grant me the right to prevent my neighbours from living in their house. Moreover, I'm free to live, but that doesn't automatically grant me the right to prevent others from living.

And this is the essence of the problem with the American business ethos: it has become utterly bereft of any moral conscience, because of the prevalence of this hysterical paranoia which promotes the idea that the mere existence of someone or something else represents a threat to one's own existence or livelihood, and must therefore be destroyed. Business isn't (or shouldn't be) about destruction, it should be about co-operation, because it's in every businessman's best interest to ensure the success of the commercial ecosystem that supports his company, without which he would have no supply chain or customers.

Wal-mart is famous for moving into towns and putting mom and pop stores out of business. They sell products that are usually poorer quality than what you find in a mom and pop store ... Mom and Pop can't compete with the lower prices and go out of business. Is this a bad thing?

I assume that's a rhetorical question.

A more regulated economy however would ... demand that Wal-mart sell it's products for the same price as Mom and Pop.

Actually no, that's the opposite of what the regulators would demand, since such an arrangement is known as price fixing, and is highly illegal (at least here in the UK).

You seem to have a rather skewed and incomplete comprehension of what market regulation really is.
 
Do you even know whats going on around you? Over regulation is a BAD thing, leads to totalitarianism, and ultimately communism. If thats what you want, go live in China. Government needs to stay out of business as much as possible.
Unlike China, in a democracy the government is you.

Sure, over-regulation is a bad thing, but so is under-regulation. Do you want a world run by Enron?

The goal is not regulation for regulation's sake, nor the wanton deregulation that contributed to the biggest economic crisis in our lifetime, poisons our water, or makes dangerous products.

Somewhere in the middle is the balance between the profits of corporations and the well-being of people. No one is immune to greed, and aggregated power expands the implications of this universal human weakness.

Finding that balance is up to you, and me, and the others here.

This is indeed a heavy responsibility. But IMO democracy beats the alternatives, so onward we move to find that appropriate balance....
 
Okay,

I apologize if I am wrong here, but I want to correct ALOT of misinformation in this thread.

OP, The class action suit confuses me because it implies exclusivity agreements between devs and apple. This does not happen, if you want proof, look at the cross platform apps. Trimble, backcountry navigator, Borders ereeder, and kindle come to mind. These are not front ends to a common online database (ala gmail), they are native apps designed from the ground up to work on their respective platforms.

I have developed on the
 
Ok, first off WOW. It has been a few days since I have been on here and it seems that at least a few of you feel some of the frustration I have about the availability of certain types of apps for Android and how Apple's IOS TOC may be effecting this.

There is NO class action in the works as I am aware of. I proposed class action as A form of action, not THE form of action. I am not a lawyer. As I have stated in the past I am also not a developer, but rather just a lowly consumer of smart phones.

Somewhat off topic I bought the first iPhone when it came out (I left Palm OS), upgraded to the 3G version when it came out, and yes with respect to usability (read as user interface, combined with device versatility [phone,mp3,camera,etc..]) both were revolutionary. Sure it locked tethering for life and had other short comings but those models permanently changed the smart phone game.

Since then I saw Apple release more products relying on hype over substance (3GS, slightly revamped iPod Touchs). It seemed that the speed at which Apple could develop the next big breakthrough was starting to slow. Sorry iPad lovers but it really is just a big iPhone minus the phone (albeit that big phoneless iPhone will pave the way for actual tablet computers), and is an interesting consumer device that opened up another outlet for Apps but not much more. This made me take notice at who WAS making big breakthroughs. Google was with Android OS. It was offered as open source enabling quick adoption by hardware makers. It was free and customizable. I spent a lot of time talking with developer friends (the beauty of San francisco, everybody has developer friends) about Android and when the EVO came out I left AT&T early to snap it up.

I am not a lawyer, but from the first time I heard Steve Jobs say that he would no longer allow the use of third party tools to create apps, an alarm went off. The lack of new product breakthrough coupled with new tactics to force developers into one Camp or the other were linked. His statement which was aimed at Adobe and developers with respect to 3rd party development tools works in two ways. It guarantees Apple revenue from any and all prospective developers wanting to make an app for IOS neither wrong or illegal. But, it also very effectively slows a developers ability to make their App available to any marketplace of their choosing, and also prevents competition in App development tools. If Adobe can put out an adequate app dev. tool, who is say there isn't a garage programmer out there working on an even better App builder tool than that of Adobe (or Apple or Google) which impart helps to push the boundaries of each respective mobile OS. One can debate whether Adobe's tools would have actually been adequate to produce cross platform app's people would buy. But through Apple's action that is now a debate of pure hypotheticals. Why offer a cross compiler if no one can use it? (or more specifically use to build for the industry leader)

This is where the anti-competative crossed the line into Anti-trust. By preemptively denying the use of any outside tools Apple eliminated its developer tools competition and paved the way for the perfectly closed vertically integrated monopoly it functions in now. The preeptive nature of banning third party tools seems from my perspective to be illegal. There was no argument to show inadequacy. It was simply a no before most (read as all except Adobe's hand picked beta) developers even had the chance to use it. From my understanding those inside Apple had not even used it.

I understand the Libertarian-esque sentiment of some posters on here, but I think your focus is misplaced. Fear of any form of government, or civil action shouldn't force a knee jerk response that Apple can do whatever it wants no matter what. That no matter what laissez faire attitude does have its place in certain aspects of business and society, but in industries of innovation based growth that mindset has done nothing to help consumers or new enterprise. Where would the web be if Windows had been able to follow through on limiting browsers? Would we have the dynamic websites of today? Without the competition to offer a more powerful browser experience would we have streaming video?

Governmental, or Civic action is not being proposed to slow anything down. To the contrary Anti Trust laws have ALWAYS helped to keep open the doors to innovation through healthy competition. I challenge anyone to show me where less competition resulted in greater long term innovation. (The Soviet manufacturing model come to mind :))

Apple has every right to set parameters for what will be allowed in its Marketplace with respect to content. It even has the right not to tell anyone what those parameters are. If Apple hates porn than no porn in iTunes. If they decide not to allow apps that include the letter A in the title C'est la vie. But demanding that one creates an App from start to finish using in house tools when outside options are/were available and (and supposedly more than) comparable is done for one purpose and one purpose only,(to slow down development for rival platforms and to control as the market leader the rate of innovation thus collectively) controlling the market.

Protected (through anti-trust laws and civil action) healthy competition is something that as a consumer I recognize has helped smart phones and computing in general progress at the ongoing rate that it has.(look no further than how crappy Windows OS is compared to software offered by multiple competitors that RUNS on Windows OS) Agree or disagree it matters not to me. What matters is the debate, and the longer the debate the sooner the action (voluntary or involuntary) to change the situation.

Now someone please make Android Liverpool FC, EPL, and Tour de France Apps. STAT.
 
... force developers into one Camp or the other ...

Your theoretical lawsuit relies on this premise for it to have any merit at all. Unfortunately, this is also the one thing that throughout this entire thread has never had anything to back it up short of your assumption that the Tour de France app you wanted would have been released for Android anyway. Keep in mind that to the general public Android is still a newcomer. If you want to sue Apple for the real reason why many apps are iOS only, you might as well sue them for their brilliant marketing that's created such a horde of fanboys for them.

Look at the smartphone market from an outsider's perspective: What happens every time a new iPhone is released? Lines around the block and record breaking sales, all covered by every branch of the media. What happens about every 3rd or 4th time a high-end Android phone is released? It's declared an "iPhone killer" and then it's first week's sales turn out to be about equal to the first 2 and a half minutes worth of the new iPhone's sales, all covered by a few websites or some newspaper's tech columnist. As annoying as it is for people to confuse Verizon's Droid phones with Android in general, that marketing is the best thing Android has going for it. The "Droid does apps" campaign is more than just a random tagline, it's there to educate the average person that it isn't only the iPhone that can download apps. Go out to a random mall or other well trafficked area and start surveying people. Just ask them to name what kind of phones can you install apps on. I'll bet a disappointingly small percentage of people will give you more than "iPhone" as an answer. As long as that's the case, businesses will keep hiring people with the sole function of developing an iPhone app.
 
Your theoretical lawsuit relies on this premise for it to have any merit at all. Unfortunately, this is also the one thing that throughout this entire thread has never had anything to back it up short of your assumption that the Tour de France app you wanted would have been released for Android anyway. Keep in mind that to the general public Android is still a newcomer. If you want to sue Apple for the real reason why many apps are iOS only, you might as well sue them for their brilliant marketing that's created such a horde of fanboys for them.

Look at the smartphone market from an outsider's perspective: What happens every time a new iPhone is released? Lines around the block and record breaking sales, all covered by every branch of the media. What happens about every 3rd or 4th time a high-end Android phone is released? It's declared an "iPhone killer" and then it's first week's sales turn out to be about equal to the first 2 and a half minutes worth of the new iPhone's sales, all covered by a few websites or some newspaper's tech columnist. As annoying as it is for people to confuse Verizon's Droid phones with Android in general, that marketing is the best thing Android has going for it. The "Droid does apps" campaign is more than just a random tagline, it's there to educate the average person that it isn't only the iPhone that can download apps. Go out to a random mall or other well trafficked area and start surveying people. Just ask them to name what kind of phones can you install apps on. I'll bet a disappointingly small percentage of people will give you more than "iPhone" as an answer. As long as that's the case, businesses will keep hiring people with the sole function of developing an iPhone app.

"My niece's shitty Boost mobile phone can download apps"
 
You have GOT to be kidding? You obviously were not aware of the smartphone market at the time. I was using Windows Mobile at the time and it was waaaay more powerful than the iPhone OS. All the iPhone did was make the UI more shiny.

It did blow all the Windows Mobile devices (phones and PDA) at the time. I am a former vb WinMo developer that have been using WinMo when it was Pegasus in 1997. Went thru all the iterations (PocketPc,PPC2002,PPC2003,WINCE, WinMo 6.5), had all the high-end winmo gadgets, all the iPaqs, all the Dell Axims,etc...

The app stores at the time were: Handango, and a Palmtree, and a few others. The whole purchase experience sucked. When you get your reg keys (based off your device ID), it was only good for one device. You had to re-contact the developer to get new keys when you changed PDA/smartphones. iPhone apps stay with you and you can install to as many iOS device as you want. The buying experience was so much more fluid.

We had Pocket Internet Explorer PIE 6.0 which was shitty. How many years did it take PIE to get SSL and basic javascript? Opera blew. Thunderbird browser was $30. Yep, I actually paid $30 for a Windows Mobile browser and it wasn't 1/10 as good as Safari.

Safari had multi-touch, pinch and zoom and the full web experience. Didn't have use wap sites or pocket edition websites. It could render about 90% of the websites out there with full CSS, Javascript. For the first time in my entire mobile/pda computing experience, i was able to do online banking on a freaking phone. You don't know how monumental that was. BofA, Citibank, Chase, none of them supported Windows Mobile. Citibank had some silly WAP website where you had to send SMS text messages to do transfers. It was silly.

I had a Dell Axim x51v loaded to the gill (about $800 in accessories) and I
thought it was the greatest thing since slice bread - VGA screen, dual memory, 600mhz cpu with a dedicated intel graphics processor, blah,blah...
The iPhone with a slower processor,lower-res screen ran circles around my Axim in just day-to-day task.

When the 1st gen iPhone came out, it made my Axim a paperweight. I already spent over $800 on my Axim and still couldn't do album art in my mp3 player. Remember, you had to make jpegs of your album art and call it folder.jpg and place them in your music folder. Iphone did it automatically.

The iPhone also came with Visual Voicemail, a threaded SMS app. Again, none of this was available on any of the high-end WinMo devices. I had to get rid of my Palm Treo and get the 1st gen iPhone.

So even at $600 at the time, the was a freaking bargain. I even had one od the first Linux sharp PDAs at that time frame. the Iphone was a very refreshing change despite its limitations (mms/copy-n-paste). I also had the first Nokia MID devices the N770. None of them had a full web browser. None of them. And that was the driving force for many people to buy an iPhone.

Then we have the email client. First to do Gmail and Yahoo mail out of the box. Pocket Outlook blows so hard even up to WinMo 6.5. NONE, i repeat NONE of them had HTML email that worked. Since Outlook didn't support CSS, you could not get HTMl formatted emails. Again, this was a big freaking deal in 2007.

So, to say it didn't bring anything to the table or outclassed its competition is just being revisionist to the history.
 
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