Subnostr

Sec. 16 of the Clayton Act 1914 - any person threatened with loss or damage by a “violation of the antitrust laws” can obtain a court injunction. You can also sue for treble damages if you can show you actually suffered monetary damages.

Monopolization, under the Sherman act, requires “the possession of monopoly power in the relevant market”. The relevant market here is the App Store/iOS. Monopoly power means substantial market power that is durable rather than fleeting. Market power means the ability to raise prices profitability above those that would be charged in a competitive market (i.e., 30% tax would not be charged in a competitive market).

Of course there’s other issues, but on its face Damus seems to have a valid cause of action against apple for violating anti trust laws and damaging Damus’ business.

Is it time for a Damus legal fund??

MRCX 2y ago

Well said..but take a look at Epic Games v. Apple

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Discussion

やトナ 2y ago

Yes, I need to read the case. I was just looking whether there’s a viable cause of action under the statutes.

MRCX 2y ago

From 2024 apple will be forced to support sideload in EU , let's hope others zones will follow.

nobody 2y ago

It will. There will be a market outcry for it at that point.

Gary ₿usey 2y ago

Let's hope

やトナ 2y ago

The side loading has all sorts of strings and conditions attached. For example, only apps that Apple approves will be available for sideloading, and Apple is planning on charging devs of sideloading apps for access to iOS.

MRCX 2y ago

For sure, I expect from apple to not make this process easy..

やトナ 2y ago

Just started reading the case text and it’s exactly what I expected the case would hinge on - What the judge determines is the “relevant market”. For that case the judge ruled that the relevant market is “digital mobile gaming transactions”.

The relevant market for Damus would be different than that and thus the case may end up differently. I also emphatically disagree that the relevant market in the Epic case is the entire market of “digital mobile gaming transactions”; any other judge could’ve decided a different relevant market. A good attorney should easily be able to convince a judge that the relevant market is the App Store itself, since Damus is available only on the App Store.