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And they are free to make that choice. Surely consumers who care about this choose Android.


Rights are things that you cannot choose to give up. You explicitly cannot trade them away since the poorest people would be forced to do that in order to afford anything.

I assert that I have rights under the first sale doctrine which let me do whatever I want with the things I own. Apple has no more of a right to dictate what I put on my device than Walmart has a right to dictate when I put on my table simply because they sold it to me.


The failure of the courts to update first sale doctrine to the digital age is the root cause of many ills.

Unfortunately, it's a tricky question, because it's more akin to compelling speech when the content is served by another party at a future time.

If I get a device that uses cloud functionality... is whoever I sell that device to entitled to that functionality?


Well the more important question is are you entitled to that functionality, or can it be taken away on a whim?

But those are more "advanced" questions. We still haven't even established the fact that I should indeed own the thing I purchased (see music or movies or anything). So we have a while to go before we get to questions of transference of services.


The point of the suit is, they should be free to make that choice on their iPhone. No one is going to remove the app store, and if you love sucking from the teat of Apple so much, you can continue to do so in an environment where there are competing app stores


Your point is fine but you have to at least acknowledge the dynamic that users are takers of software and companies have every incentive to take their popular apps off the app store.

It's gonna be the first thing Facebook does, and maybe that's fine but it's going to reduce consumer choice. You won't be able to have the Facebook but with the tracking restrictions anymore because it's bad for their bottom line. I don't really know if there's a good answer for how to strike this balance but it seems drastic that people want it to be illegal to offer a platform where all participants have to play by the platform's rules.


What tracking restrictions do you refer to that are implemented through app-store policies that are not (or cannot) be implemented through OS level restrictions?




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