Tag: Legal

China government ban on foreign electronic devices might not affect plans on Apple making iPhone generally available in China.

AppleInsider reports that China government provided comment on device ban.

In a statement obtained by AppleInsider and other venues, the China foreign ministry has officially stated that "products and services of any country are welcome as long as they comply with China's laws and regulations."

AppleInsider

Also, China Mobile denies allegations that company plans to stop selling iPhones in China.

Morgan Stanley analysts claim that China iPhone ban will have much smaller effect on Apple than other companies anticipate.

"Said differently, while China is critical to Apple's success, Apple is also critical to the Chinese economy," continues Morgan Stanley, "and therefore while the potential for a broad decoupling between Apple and China in this multipolar world clearly exists, we don't believe recent headlines are necessarily foreshadowing this 'worst case' scenario."

Morgan Stanley also notes that it assumes "most Chinese government officials... already own a smartphone from domestic OEMs." So the banning of iPhones could have even less effect than it might have done.

AppleInsider

References:

• iPhone 15 still expected to launch in China despite government bans [U]
• China breaks its silence on iPhone ban rumors
• Investors are overreacting to China iPhone ban news, says Morgan Stanley

EU Digital Markets Act discloses gatekeepers. Those include iOS and App Store.

As of now Apple tries to limit effect of DMA to iMessage claiming that it has small marketshare to be governed by this law.

References:

• Digital Markets Act antitrust law does include App Store, as Apple fights on iMessage
• Apple's App Store, Safari, and iOS Officially Designated 'Gatekeepers' in EU

New China law requires mobile application developers to file business details in order to distribute apps in China application stores.

Android applications stores started implementing required changes. Apple App Store apparently already supports all the requirements.

References:

• Android app stores comply with latest China law; Apple appears to have taken no action

Apple updates Apple Developer Program License Agreement. Changes include:

• Definitions, Section 3.3.39: Specified requirements for use of the Journaling Suggestions API.
• Schedule 1 Exhibit D Section 3 and Schedules 2 and 3 Exhibit E Section 3: Added language about the Digital Services Act (DSA) redress options available to developers based in the European Union.
• Schedule 1 Section 6.3 and Schedules 2 and 3 Section 7.3: Added clarifying language that the content moderation process is subject to human and systematic review and action pursuant to notices of illegal and harmful content.

Changes include references to Digital Services Act for developers residing in European Union.

Apple Developer: Updated Apple Developer Program License Agreement now available

Apple Developer Support: Agreements and Guidelines for Apple Developers

Reference: Digital Services Act comes into force today – hard to tell whether Apple is complying

Setapp is approaching developers to participate in alternate App Store which it expects it will be able to run following Digital Millennium Act (DMA) approval in EU.

While it is still not clear, if Apple will have to follow DMA rules on opening platform for alternate App Stores, companies are now trying to get developers onboard.

Setapp promises 90% revenue share with developers. Apple pays 85% to developers eligible for App Store Small Business program (developer should make less than $1 million on App Store sales) while also providing access to all world markets.

Setapp: Grow your app with Setapp

Reference: Setapp readies alt app store for iPhone, entices devs with up to 90% revenue share

Updated Terms of Service for Apple Search Ads are coming into effect August 8, 2023.

According to AppleInsider, this text is added:

You further acknowledge and agree that Apple may use information about Your use of the Services and Your interactions with Apple in connection with the Services, including Advertiser Data and Business User Data, for the purpose of providing, evaluating, modifying, or improving the Services and for communicating about the Services. You further acknowledge and agree that Apple may have a duty to publish or disclose information concerning Your use of the Services, Your Ad Content, or Your Campaigns (including Apple's decision not to display Your Ad Content or Campaigns, or to suspend, terminate or limit display of Your Ad Content or Campaigns), and Apple has no liability to You in connection with any publication or disclosure that Apple considers in good faith to be required pursuant to that duty.

Apple Advertising Service Terms of Service

Other updates need to be checked for appropriate use of App Store ads.

Apple Search Ads: Apple Advertising Services Terms of Service (updated)

Reference: Apple Search Ads terms of service update coming on August 8

As previously mentioned, FlickType developer accused Apple of rejecting his app in favor of own solution announced with Apple Watch 7. AppleInsider provides more info on this story.

Turns out that screenshot provided by Kosta Eleftheriou is actually from 2019. And Apple did actually approve his app later on. Moreover, Kosta was able to earn a lot on this app. More keyboard apps for watchOS were published since then. And FlickType is still available for watchOS, Apple welcomes new updates to this app.

Judge Yvonne Gonzalez Rogers provided her ruling in Epic Games vs Apple case. Ruling contains a lot of topics and overall is in favor of Apple.