[rickycook]

the important part against that line of reasoning though is at the very bottom of the article:

“The San Francisco-based 9th U.S. Circuit Court of Appeals last year revived the lawsuit, deciding that Apple was a distributor that sold iPhone apps directly to consumers.”

if they decide that apple sells apps directly (after all, you go through apples distribution, payment, and “editorial” channels and have only a tenuous link to the developer i question) rather than the developers selling apps, then that could be an issue for them

[caf]

Right, this is distinct from the shoe case because here Apple has a direct relationship with the customer in a way that USMC didn't with the purchasers of shoes.