[shadowgovt]

For the same reason we act like there's such a thing as a "Right to bear arms" or a "common-law right to joint ownership of property with your spouse."

The law is arbitrary and highly path-dependent. But in the absence of the law, there's no "market" period, not as a government-protected legal construct. Without the law, Apple could just tell Epic to pound sand because they have the right-of-might to rotate encryption keys, release future versions of the iPhone that scan for Epic software using hardware-based solutions and brick the phone if they're detected, and drop OS updates that retroactively delete Epic games from user phones if they wanted.

I'm glad for the law that prevents that, even if it's the same framework that makes me act like there's a "mobile game market."