A few days ago, the Supreme Court heard arguments in Apple Inc. v. Pepper. In this case, consumers are suing Apple because they are only permitted to buy apps from Apple's App Store. A person with an iPhone or iPad may not buy apps from the Google Play Store. They allege that this constitutes a monopoly and thereby violates Anti-Trust law.
When we think of the monopolies of old, we see images of robber barons and oil and steel. We imagine backrooms filled with cigar smoke where a local businessman is being coerced to sell to a larger entity. Obviously, Anti-Trust did expand beyond what we normally think of and it broke up phone, software, and computer companies. It looms over mergers. And it attempts to preserve fairness in the free market. It's supposed to keep the free market from being abused my ruthless individuals.
I have no idea whether there is anything to this case. Amy Howe, who reports on all things related to the Supreme Court, tweeted this on the 26th, "Not entirely clear, but after 60 minutes of argument in antitrust case brought against Apple by iPhone users, looks like iPhone users could have 5 votes to allow their lawsuit to go forward.Chief Justice John Roberts seemed to be the only clear vote for Apple; others harder to read."
While the Supreme Court has all these tests for Anti-Trust law and the law itself is multifaceted, I am stunned by the lack of common sense among those filing suit. Legally, I'm probably very wrong, but that is why law in infuriating. We codify everything and give stupidity a formal channel to express itself.
The founders: fought to secure and guarantee God given rights
Us: suing over where you can and can't buy Flappy Bird from.
As my title suggests, nobody made you buy an iPhone. There was a free and competitive market in your initial choice to buy the phone. When you buy the phone, you are essentially agreeing to all the features on it. The exclusive presence of the App Store on Apple devices is implicit when buying an Apple product. Any assertion to the contrary would force Apple to provide a service it does not provide.
Imagine the following scenario:
Car Manufacturer A uses only Airbag X
Car Manufacturer B uses only Airbag Y
Airbag Y can be bought for cheap at the Airbag Store
The consumer wants Car A with Airbag Y. Car Manufacturer A says, "we don't make cars with Airbag Y." Consumer sues A, claiming that they have created a monopoly by removing airbag choice from consumers.
That is how stupidly litigious our society has become. We assert fake rights to choose. If you want Car A, you get everything that comes with it. If you don't like it, buy something else. No one is putting a gun to your head saying you must buy Car A.
In the same way, Apple uses only the App Store. If you don't like it, don't buy an Apple product. Maybe I should sue the maker of my PC for not running iOS. Maybe I should sue my car manufacturer because my engine runs only on gas, not diesel. Maybe I should sue a cable provider for not having certain channels. Maybe I should sue my alma mater for not offering certain classes.
No, stop! You bought a good, signed up for a service, you agreed to the terms of service. You don't get to sue because you don't like the choice you made in the free market. As Judge Judy says, "YOU ate the steak."
Well of course you can sue, but maybe you shouldn't. Don't be litigious.
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Jake Wagner is an editor at The Resurgent and former project manager for a legal and civic education non-profit. Barbara L'Italien, a state senator running in a crowded field to replace retiring Rep. Niki Tsongas, is declaring her intention to file an impeachment resolution against Thomas as part of an effort to address sexual assault if elected to Congress.
Tags: Nobody Made You, Buy, iPhone, Jake Wagner, The Resurgent To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
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