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by acaloiar 920 days ago
I'm not a lawyer.

But I do believe there's reason to consider Apple's policy relative to iMessage clients monopolistic. Apple's behavior is not significantly different from Microsoft's, which instigated US v. Microsoft [1]. That case largely took issue with Microsoft's mandatory bundling of IE with Windows and the extent to which Microsoft created an inorganic monopoly. In addition to how Microsoft's monopoly came to be one, the judge also took issue with Microsoft's methodology in quashing threats to that monopoly. One could claim that Apple is taking similar quashing action relative to Beeper now.

Microsoft of course appealed the judgement, and prevailed. But they prevailed only because the judge had broken his code of conduct in discussing the case with media; not because Microsoft's behavior was not monopolistic.

I don't believe global or domestic iMessenger usage is relevant.

[1] https://en.wikipedia.org/wiki/United_States_v._Microsoft_Cor....

4 comments

> I'm not a lawyer.

This is very obvious because you have a poor grasp of the facts.

a) The issue with Microsoft was that it had a monopoly in operating systems. At the time it was about ~95% market share. Gates woke up one morning, decided web apps were a threat to this, saw Netscape as their major competitor and decided to eliminate them. It didn't try to compete with them. It went straight for elimination by bundling IE and coercing OEMs e.g Compaq to not bundle Netscape. Using a monopoly in one market to force a monopoly in another is exactly what the laws were designed to prevent.

b) Global and domestic iMessage usage is relevant. In fact it is the whole point. You need to demonstrate that there is an absence or distortion of a market for anti-trust laws to be applied.

c) Apple is not trying to eliminate Beeper, they have no monopoly in anything and there is clear evidence of a fair and functioning market by the presence of WhatsApp, Messenger, Telegram, Signal etc.

a) The issue with Microsoft was that it had a monopoly in operating systems. At the time it was about ~95% market share. Gates woke up one morning, decided web apps were a threat to this, saw Netscape as their major competitor and decided to eliminate them. It didn't try to compete with them. It went straight for elimination by bundling IE and coercing OEMs e.g Compaq to not bundle Netscape. Using a monopoly in one market to force a monopoly in another is exactly what the laws were designed to prevent.

I don't dispute these facts. And I don't think they dispute my comment. By mentioning US v. Microsoft, I pointed out that there are similarities between Microsoft in the 90s and Apple today.

> b) Global and domestic iMessage usage is relevant. In fact it is the whole point. You need to demonstrate that there is an absence or distortion of a market for anti-trust laws to be applied.

Thank you for the correction.

> c) Apple is not trying to eliminate Beeper, they have no monopoly in anything and there is clear evidence of a fair and functioning market by the presence of WhatsApp, Messenger, Telegram, Signal etc.

Unless one can believe that Apple is both willing to block Beeper and not eliminate it, then Apple is trying to eliminate Beeper as a Messenger competitor. From their statement: "We took steps to protect our users by blocking techniques that exploit fake credentials in order to gain access to iMessage."

I think Apple has a reasonable argument for doing so. Though, in a world where Apple controls the only App Store where iOS users are blocked from downloading alternative SMS applications, they do hold a monopoly over both how iOS users install applications, and the only SMS application available on iOS: Messenger. Non-iOS users who want to message iOS users with the same quality of service as iMessages may only do so by installing 3rd party software. Otherwise they need to implicitly agree to having messages treated as second class, to Apple's likely enrichment. I think reasonable people can perceive some amount of anti-competitive intent in Apple's action. Should Apple be able to block 3rd parties from using the iMessage service infrastructure? Possibly, but it's hard to argue that doing so is pro-competition.

I think most of the concern over Apple's refusal to admit 3rd party iMessage clients will be eliminated if and when they make good on their promise to support RCS next year.

Agreed. Every single platform/device has apps that are exclusive to it. It's mind-boggling to me that people are so obsessed with Messages. I can't play thousands of Steam games on my Mac. My friends who have PCs play those games together, have fun, chat online. Should Steam be forced to "open their protocol" whatever that means?..
Steam does run on Macs. The individual games do not.
I never said it doesn't.

> I can't play thousands of Steam games on my Mac

This is the point I am making. There are certain apps and features that are exclusive to certain devices. I can 't play the vast majority of Steam games on my Mac. Should Steam (and all game companies involved, including Valve) be forced to enable support for MacOS for all their games because Mac users have FOMO?

... Steam isn't the thing that doesn't support MacOS. I don't know why you're mentioning Steam.

But yes, console and OS exclusives are a plague and people should stop making them.

I am mentioning Steam as an example of an ecosystem that offers exclusive apps on different devices. The fact that I can install Steam on a Mac is sort of irrelevant considering that I can't play the games that are offered through Steam on my Mac. Many indie games are offered only on Steam, so it's a monopoly in this sense.
Apple has a literal complete monopoly on operating systems. Every iPhone must either run iOS or be cracked (jailbreak). That's not the whole story, though: Microsoft's anti-competitive behavior was not monopolizing the OS market. It was using that monopoly to promote IE.

> Apple is not trying to eliminate Beeper

They are literally eliminating one of their products. That's anti-competitive.

> they have no monopoly in anything and there is clear evidence of a fair and functioning market by the presence of WhatsApp, Messenger, Telegram, Signal etc.

You just moved the goalposts out of the stadium. Anti-competitive behavior doesn't need to overwhelm every segment of a market to be anti-competitive behavior.

a) That's not how it works. You need to have a functioning market in order to have a monopoly.

b) Apple is not interfering with the ability of Beeper to sell their product or add new features. They are simply closing loopholes in their product.

c) I never said that anti-competitive behaviour needs to overwhelm every segment. In fact I said the complete opposite when I referred to market distortion.

This is a silly argument: Microsoft's bundling of IE resulted in real damage to another company (Netscape) that had a viable and independent competitor product. Beeper doesn't have an independent product: they have a hacky workaround that Apple fixed.

What Microsoft did with IE isn't really analogous to Apple refusing to let another company free ride on their infrastructure. This isn't even as egregious as patching iTunes to break the Palm Pre sync was, and the legality of that action seems pretty settled by now.

> What Microsoft did with IE isn't really analogous to Apple refusing to let another company free ride on their infrastructure.

Zoom out for a moment and take Beeper out of the picture. The issue is not Beeper specifically, it’s the underlying reasons that Beeper even exists.

If you buy an iPhone and want to interoperate with friends/family on Android, the default experience is extremely broken.

Apple’s behavior here is directly driving users away from Android, not because Apple is better, but because it’s the only way to actually use the native experience.

I don’t know if the cases are equivalent, but there’s certainly a case to be made that they’re in a similar category.

If I want to "interoperate" with friends and family who use Android, I have zero issues doing so. SMS works fine, and the default experience being "bad" is really completely unrelated to any sort of antitrust concern. If we want more features, they're an App download away.

Apple offers a product that has seen significant success in a small number of markets versus android, including the US. Dressing up what is ultimately the normal bump and tumble of competition in a market as antitrust because they're winning enough in the market(s) you care about is silly.

> …because they're winning enough in the market(s) you care about is silly

I disagree that what follows “because” is an accurate representation of what is happening, and reduces a more complex issue to an oversimplified notion of “winning”.

Microsoft was also winning in the market. How a company wins is what matters in discussions about anti-trust. If that winning is appreciably supported by anti-consumer behaviors, it becomes problematic.

I don’t know if what Apple is doing rises to the level of antitrust, but it’s certainly anti-consumer.

> Dressing up what is ultimately the normal bump and tumble of competition in a market as antitrust because they're winning enough in the market(s) you care about is silly.

Anti-consumer behavior being part of the “normal bump and tumble” is hardly a good reason to find it acceptable. Anti-trust actions have been weak or almost non-existent for years now, but again has nothing to do with whether or not the status quo is acceptable.

I don’t find those arguments compelling, and we’ll have to agree to disagree

I wouldn't categorize it as anti-consumer. Apple is not under any moral, legal, or ethical obligation to provide access to iMessage to users outside of their ecosystem. Moreover, it's crucial to note that no significant tangible harm is being inflicted on anyone unless they willingly choose not to explore more widely-used alternatives. Some individuals argue that there should be broader access, but these arguments primarily rely on appeals to emotion ("...hardly a good reason to find it acceptable") and pleas for sympathy, as your post demonstrates.

iMessage is essentially a convenience feature designed for Apple customers to communicate with one another free of charge. While some might view it as a potential loss-leader for Apple, for most of it's users it's just another feature, with a majority already utilising alternative messaging platforms.

A comparable example is BlackBerry Messenger, which initially followed a similar path. BlackBerry only opened it up to other platforms when they found themselves losing the smartphone market to both iOS and Android. In contrast, Apple does not appear to be facing the same competitive pressure, which is why they maintain their current approach to iMessage access.

Edit: In another thread, you say "They’re selling a general purpose communication device that is incapable of exchanging run of the mill content with other general purpose communication devices, and using that poor experience to drive iPhone sales." which is a demonstrably false premise. The mere existence and prevalence of more successful competitors show us this. The problem here is that there are those arguing that iMessage is the only option, when it clearly isn't.

Ultimately, whether or not iMessage is availble to Android users is immaterial. Apple are 10 years too late to the party. Add that RCS is comming to the platform (of which I am disappointed - it a half-baked solution that risks ceding control to carriers, which IMHO is a terrible idea), iMessage on Android is moot.

> I wouldn't categorize it as anti-consumer. Apple is not under any moral, legal, or ethical obligation to provide access to iMessage to users outside of their ecosystem.

Apple is intentionally degrading the experience of sending messages to non-Apple devices for the explicit purpose of driving iPhone sales. This is anti-consumer, full stop.

"They must provide access to iMessage outside of the ecosystem" unnecessarily restricts the possible ways that Apple can address this issue, and is only one of many solutions to the problem.

My point and stance is not that Apple should be forced to implement iMessage on Android, but that the intentional and artificial restrictions baked into the Apple <-> Non-Apple experience is unacceptable to me as a customer.

I've commented at length about this elsewhere in the thread, but they could:

- Implement RCS (which they're finally and reluctantly doing due to regulatory pressure, but we have no idea how much they'll hamstring it, and it's borderline ridiculous that they haven't done something yet. Too little too late)

- Allow 3rd party apps to surface messages in a unified interface like they do with other iOS capabilities (e.g. the unified voice call experience from various non-Apple apps/services)

> In another thread, you say "They’re selling a general purpose communication device that is incapable of exchanging run of the mill content with other general purpose communication devices, and using that poor experience to drive iPhone sales." which is a demonstrably false premise.

The premise is demonstrably true, and can be experienced by trying to send someone a text containing an image or video using the phone's native capabilities.

I think it's worth reiterating here that Apple has explicitly restricted the messaging experience while allowing other categories of app (Mail, Contacts, Calendars, Phone calls) to natively interact with 3rd party services from a single interface. The argument that "just use another chat app" would be a lot stronger if Apple actually supported other chat apps in their native experience.

Zoom out and stop focusing on "iMessage on Android", and it becomes extremely obvious how anti-consumer this stance is based on comparing it to Apple's own design philosophy and other capabilities across iOS.

> iMessage on Android is moot.

On this I tend to agree. But this doesn't get Apple off the hook, or make the dark patterns acceptable.

As I've said elsewhere, Apple may have every right to do this, but customers have every right to be pissed about it, especially because there are ways to solve this that don't require Apple to open the floodgates to iMessage.

> If you buy an iPhone and want to interoperate with friends/family on Android,

Then use a cross platform messaging app. FB Messenger, WhatsApp, Telegram, Discord. I have all of them on my phone.

> the default experience is extremely broken.

It’s not broken. Apple devices have a low-friction “hot path” for communicating with other apple devices. That’s it. Want to use it? Get an apple device.

Apple isn’t obliged to make its messaging app work for everyone, on all platforms.

> It’s not broken. Apple devices have a low-friction “hot path” for communicating with other apple devices. That’s it. Want to use it? Get an apple device.

As an Apple user who likes Apple products (I just really dislike this iMessage stance), I don’t agree. When I open the app that allows me to communicate with other users via phone number, and when that experience can’t handle sending a photo in the year 2023, the experience is broken.

I’m glad they’re implementing RCS support (which seems to be their acknowledgement that there is an issue to solve), but the fact that they chose to wait until 2024 is unacceptable.

> Apple isn’t obliged to make its messaging app work for everyone, on all platforms.

That’s not what I’m arguing. The desire for iMessage is a symptom, and I’m not saying they should be forced to make iMessage work everywhere. The problem is that non-iMessage support on the phone is atrocious. They’re selling a general purpose communication device that is incapable of exchanging run of the mill content with other general purpose communication devices, and using that poor experience to drive iPhone sales.

There are many ways to solve this that don’t require Apple to make its messaging app work for all platforms. They’ve already solved this for other categories like VOIP apps, which enjoy a unified OS-level experience.

> when that experience can’t handle sending a photo in the year 2023, the experience is broken

It’s Apples fault SMS is an archaic protocol? Wow, I truly learn something new every day.

> The problem is that non-iMessage support on the phone is atrocious.

I have fb messenger, WhatsApp, telegram and discord on my phone. I don’t find having to use these “atrocious”, they’re just different apps. Atrocious would be the awful “this messenger does all chats, but awfully” experience of early Android devices, that was a dumpster fire of confusing contact details and lost messages. Also, it’s not like Android is immune from these issues: your complaint is that SMS/MMS is archaic and needs an upgrade, not that we need to make iMessage bend over backwards to support everything else.

I guess I just don’t see the argument why iMessage explicitly needs to shoulder the burden here.

> It’s Apples fault SMS is an archaic protocol? Wow, I truly learn something new every day.

Why would this only be about SMS? RCS has existed for 15 years. It has its issues, but it’s not as if there hasn’t been an option. Apple will finally add some level of support next year (yikes), but as evidenced by the Beeper brouhaha, it’s unacceptably late to the party.

> your complaint is that SMS/MMS is archaic and needs an upgrade

No, it’s really not. My complaint is that there’s been an upgrade to SMS/MMS for many years that would make the iMessage limitations irrelevant, but Apple has refused to address the issue. There has been too much focus on iMessage itself, and not enough on the underlying behaviors they’re forcing and the obvious intent behind this.

> I guess I just don’t see the argument why iMessage explicitly needs to shoulder the burden here.

I honestly don’t care if Apple makes iMessage work on Android. There are numerous options that solve this issue without crossing that line. RCS next year is a step in the right direction. They could also follow their own design philosophy and allow apps to surface their messages in a unified interface like they do for most other iOS capabilities.

I can receive a discord call and it shows up next to my normal phone calls. This kind of UX would solve the issue without requiring Apple to touch iMessage.

But they won’t, because this isn’t about security or some undue burden to support android devices; it’s a calculated decision to degrade the user experience when messaging non-iPhone devices for the purpose of driving sales.

This has even been confirmed by discovery documents from recent lawsuits.

> I'm not a lawyer.

> But I do believe there's reason to consider Apple's policy relative to iMessage clients monopolistic.

In order for antitrust laws to apply, it’s not enough to exhibit monopolistic behavior. You actually have to be a monopoly and use this behavior to achieve and/or retain it.

That's not the whole story in the United States. Antitrust law prohibits monopolization, which is monopoly power couple with anticompetitive practices, but it also prohibits various practices from companies that do not have monopoly power.

For example the Sherman Act prohibits attempted monopolization. You run afoul of that for anticompetitive conduct and a specific intent to monopolize if there is a dangerous probability that will achieve monopoly power.

The Clayton Act added restrictions on price discrimination, exclusive dealing, tying, and mergers and acquisitions that substantially reduce competition or tend to create monopolies.

> You actually have to be a monopoly

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony — Sherman Act, Section 2

> But they prevailed only because the judge had broken his code of conduct in discussing the case with media;

You seem to think this was a terrible, terrible accident on the part of the judge, rather than just one of the many mechanisms by which the powerful evade laws to protect the weak. That is, a deliberate terrible terrible "mistake".