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Phil Schiller recounts concerns over App Store fees for external purchases in hearing

Phil Schiller revealed that he had concerns over Apple's fees on purchases made through external websites.

On Monday, while testifying in a court hearing related to the ongoing Apple vs Epic legal battle, Apple executive Phil Schiller recounted his concerns regarding the fees Apple imposes on purchases made outside the App Store.

During internal meetings at Apple, which dealt with the company's response to an anti-steering injunction, App Store head Phil Schiller said that he was against implementing a fee for purchases made via external websites. Schiller's concerns were only made public on Monday when the Apple executive testified in court.

Schiller explained that he had cautioned against implementing fees for external purchases, saying that they might lead to an antagonistic relationship between Apple and app developers. The testimony was first reported by The Washington Post.

Apple's commission system for in-app purchases has been the subject of multiple antitrust investigations and lawsuits over the years. Most notably, the iPhone maker is part of a high-profile lawsuit with Epic Games, as the latter attempted to implement a feature that allowed consumers to pay for in-game items without using Apple's in-app purchase system.

Epic Games initially claimed that Apple's 30% fees on in-app purchases were exorbitant, and it was alleged in a lawsuit that Apple's exclusive in-app purchase system was a monopoly. Throughout the long legal battle, Epic Games lost at nearly every step, but Apple didn't always win. U.S. District Judge Yvonne Gonzalez Rogers issued a court order that would allow developers to link to outside payment platforms.

After that, Epic Games asked that Apple be held in contempt of court for failing to adhere to the court order. Apple responded by requesting that the anti-steering order be set aside, citing new legal precedents.

Judge Gonzalez Rogers has yet to decide whether Apple will be held in contempt of court for violating the anti-steering order. In his testimony on Monday, Apple executive Phil Schiller recounted that he had "great concerns about the collections of funds from developers," also saying that collecting fees from external purchases would turn Apple into "some kind of a collection agency."

Schiller said that Apple would need "rules around how we handle nonpayment and whether ultimately it means we're going to have to do audits of developers."

"What happens if a developer doesn't pay and what is the process for that?" The Apple executive believed that collecting fees from alternative payment options would have a "detrimental" effect on the relationship between Apple and app developers.

Despite Schiller's apparent concerns, Apple set up a commission system for external purchases in January 2024, where purchases made through alternative means were charged a 27% fee. The decision was made through a pricing committee that included Apple CEO Tim Cook, former CFO Luca Maestri, and Phil Schiller.

According to TechCrunch, Apple considered multiple ways of discouraging external purchases, through link placement restrictions and warnings that would inform users of the potential security risks.

Epic Games founder and CEO Tim Sweeney commented on Schiller's testimony in an X post on Monday. Sweeney seemingly still sees Apple's fee collection system as "an absolute textbook case of malicious compliance," adding that Schiller's concerns were likely overruled by Cook and Maestri.

The case is set to continue with additional hearings on Tuesday and Wednesday. Carson Oliver, an Apple employee who worked under Phil Schiller, is among those scheduled to testify. It remains to be seen whether Judge Gonzalez Rogers will ultimately find Apple in contempt of court for violating the existing anti-steering injunction.

8 Comments

DAalseth 7 Years · 3200 comments

When I first heard about Apple getting a cut from sales outside of the AppStore I thought it was wrong and would come back to bite Apple in the ***. 30% to offset the cost of running the store was fine. But once someone loads the app I never agreed with Apple claiming a cut of sales from other people’s stores. That always struck me as abusive.

5 Likes · 1 Dislike
mattinoz 10 Years · 2567 comments

DAalseth said:
When I first heard about Apple getting a cut from sales outside of the AppStore I thought it was wrong and would come back to bite Apple in the ***. 30% to offset the cost of running the store was fine. But once someone loads the app I never agreed with Apple claiming a cut of sales from other people’s stores. That always struck me as abusive.

30% was never to run the store it was a platform access fee that included hosting so they had control of a kill switch for badly behaved apps. 


Game engines do the some thing. It is hardly new to charge for distribution of a company’s IP by third parties 

2 Likes · 0 Dislikes
davidw 18 Years · 2140 comments

DAalseth said:
When I first heard about Apple getting a cut from sales outside of the AppStore I thought it was wrong and would come back to bite Apple in the ***. 30% to offset the cost of running the store was fine. But once someone loads the app I never agreed with Apple claiming a cut of sales from other people’s stores. That always struck me as abusive.

The commission (30%) for purchases made outside the Apple App Store, by way of  an app that was free from the Apple App Store, only applies to digital goods purchases that ends up being downloaded into the Apple devices using iOS, iPadOS, tvOS , MacOS or WatchOS. Why should developers get a free ride to profit from Apple IP? The commission do not apply to purchases made through any app where the goods are delivered by other means. If one purchased a physical CD using the Amazon app, no commission. If one purchased the digital downloaded version using the  Amazon app, then Apple charged a commission. Which is why Amazon do not allow the purchase of digital downloaded goods (music, movies, books, software, etc.) using the Amazon App.

The commission is not just for using the Apple App Store to sell your apps and/or for payment processing. The commission also includes the charge for using Apple IP to profit from. This includes using Apple IP to develop the apps that runs on Apple devices. An Apple Developer account only cost $99 / year (for individual). But Xcode and Swift are free.

If developers like Sweeney don't want to pay Apple a commission, then he shouldn't be charging Epic game players for the virtual bucks used to buy virtual items that have over a 90% profit margin, when playing games by Epic Games using a free app from the Apple App Store. Problem solve.

Or Sweeney can email the purchasers of VBucks a code where the purchasers can enter the code in their account to get their VBucks. But Sweeney would rather have the VBucks credited to their purchaser account immediately, using an app on the Apple device the player is using to play the game and that requires using Apple IP.

Or Sweeney can only sell VBucks (for iOS) on their own website. Which means the game player would need to log on to the internet using a browser to make the purchase. But this reduces impulse and unintentional in-game buying by the game player. And Epic Games have been known to prey on their users (specially kids) with these type of in-game purchases.

https://www.ftc.gov/business-guidance/blog/2022/12/245-million-ftc-settlement-alleges-fortnite-owner-epic-games-used-digital-dark-patterns-charge

 

4 Likes · 0 Dislikes
DAalseth 7 Years · 3200 comments

davidw said:
DAalseth said:
When I first heard about Apple getting a cut from sales outside of the AppStore I thought it was wrong and would come back to bite Apple in the ***. 30% to offset the cost of running the store was fine. But once someone loads the app I never agreed with Apple claiming a cut of sales from other people’s stores. That always struck me as abusive.

If one purchased the digital downloaded version using the  Amazon app, then Apple charged a commission.

 

And I always thought that was a very bad idea. If I buy a grocery bag from Target, Target doesn’t get a cut if I use it at Fred Meyers. 

1 Like · 0 Dislikes
blastdoor 16 Years · 3696 comments

Steve Jobs had claimed that Apple would run the App Store at break-even. I don't know if he would have maintained that position over time, given the amount of money that would have left on the table. 

Another Steve Jobs position was that Apple would not do a dividend or share buy backs. He liked maintaining a cash cushion for security and investing in the business. 

Maybe both positions were unsustainable, but it would have been interesting to see how SJ would have handled these things, had he lived. 

2 Likes · 0 Dislikes