William Gallagher
The same law firm that successfully represented US iOS developers over Apple's App Store fees, is now representing a class-action suit for the same issue in France.
Following its successful forcing of Apple to change US App Store conditions, American legal firm Hagens Berman hopes to do the same for developers in France. That US case saw Apple settling for $100 million, and also allow developers to have more contact with their users.
"We're fresh off the heels of our hard-won settlement with Apple and ready to get back in the ring," Steve Berman, managing partner of Hagens Berman, said in a statement seen by AppleInsider. "Our firm is happy to see iOS developers from other countries seeking the same justice we were able to achieve for U.S. developers."
"We believe they too have been wrongfully subjected to the stifling policies of Apple's App Store," he continued, "and we intend to hold Apple to the law."
Hagens Berman, in association with Paris-based lawyer Fayrouze Masmi-Dazi representing the Le GESTE group, has now filed a new antitrust lawsuit in Calfironia.
"Apple's policies and restrictions pose critical issues to all iOS developers using the App Store," said Fayrouze Masmi-Dazi. "To a global problem, there shall be a global solution."
"I believe we can build solid bridges to conceive impactful actions," continued Masmi-Dazi, "for we shall leave no room for impunity."
Hagens Berman has a long history of bringing successful suits against Apple. Most notably, it was the legal team that won the iBooks lawsuit in 2016.
Charles Martin
Malcolm Owen
Christine McKee
Wesley Hilliard
18 Comments
They say "To a global problem, there shall be a global solution," but they are only suing in a US court, and if they win, the ruling would only apply inside the US, so how is that a "global" solution? If the claimants are from France, why not sue in a French court? That would apply to France.
You might want to read the story again.
I would like to see what these ambulance chasing lawyers would say when they were presented with "fees" (whatever that general name implies) from other companies, both in the electronic field as well as restaurants, grocery stores, department stores, auto repair, in other words every other type of business. We've all ready about fees in excess of 30% in businesses similar to Apple's App Store. It's just sad that people refuse to understand the real cost of doing business and feel they should get things for free, including the distribution of software.
Some relevant info from the settlement...
"Apple is confident that if this litigation were to continue, Apple would defeat class certification and/or Apple would prevail at trial. The Court is aware from the Epic trial, including the testimony of Apple’s most senior executives, of Apple’s commitment to building and maintaining the App Store as a great place for both developers and consumers to transact in apps and in-app purchases. The evidence of record establishes that the practices challenged in this and other cases are both lawful and well-justified by business necessity—including the protection of Apple’s intellectual property, and protecting the security and privacy of Apple’s customers.
Nevertheless, Apple would rather work with developers than litigate against them. Accordingly, after extensive arms-length negotiations, Apple and the Developer Plaintiffs reached a solution that, if approved by the Court, will avoid the expense and distraction of further litigation while providing real assistance to the small developers who are so important to the burgeoning app economy. Apple also agrees to class certification for settlement purposes only, without in any way conceding that a litigation class could ever be certified here or in any related case.1"
https://regmedia.co.uk/2021/08/27/apple_cameron_settlement_document.pdf
So it's not really a matter of Hagens German "forcing" Apple to do something. Apple cites the Epic trial and decision as proving that the practices in question per the developers are not illegal.
If you do not like the files of the App Stars it pertains to you as a developer then quit developing for the platform