Spring 2019 Platform Creation S martphones Randal C Picker James Parker Hall Distinguished Service Professor of Law The Law School The University of Chicago Copyright 201419 Randal C Picker All Rights Reserved ID: 759414
Download Presentation The PPT/PDF document "Class 19 Platforms and Network Industrie..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Class 19Platforms and Network IndustriesSpring 2019Platform Creation: Smartphones
Randal C. Picker
James Parker Hall Distinguished Service Professor of Law
The Law School
The University of Chicago
Copyright
© 2014-19
Randal C. Picker. All Rights Reserved.
Slide22
Wall Street Journal, Aug 3, 2018
Apple Market Cap Rise (Nominal)
Slide3May 13, 2019
3
NY Magazine, Aug 17, 1992
The Apple Newton
Slide4May 13, 2019
4
Diamond Rio and the AHRA
180 F.3d 1072 (9
th
Cir. 1999)
Slide5May 13, 2019
5
Diamond Rio and the AHRA
180 F.3d 1072 (9
th Cir. 1999)
“
In this case involving the intersection of computer technology, the Internet, and music listening, we must decide whether the Rio portable music player is a digital audio recording device subject to the restrictions of the Audio Home Recording Act of 1992. … For the foregoing reasons,
the Rio is not a digital audio recording device subject to the restrictions of the Audio Home Recording Act of
1992
.”
Slide6May 13, 2019
6
iPod Release
23 Oct 2001
Slide7May 13, 2019
7
PC Magazine, Dec 26, 2001
iPod Review
Slide88
Apple, Jan 9, 2007
“
Apple
® today introduced iPhone, combining three products—a revolutionary mobile phone, a widescreen iPod® with touch controls, and a breakthrough Internet communications device with desktop-class email, web browsing, searching and maps—into one small and lightweight handheld device.”
iPhone Launch
Slide99
Apple, Jan 9, 2007
“
iPhone introduces
an entirely new user interface based on a large multi-touch display and pioneering new software, letting users control iPhone with just their fingers.”
iPhone Launch
Slide1010
Apple, July 10, 2008
“
Apple
® today announced that more than 500 native applications will be available on the iPhone’s App Store when Apple’s iPhone™ 3G goes on sale tomorrow. … .”
App Store Launch
Slide1111
Apple, July 10, 2008
“
These
apps will be available on Apple’s revolutionary new App Store, enabling customers to wirelessly download them directly onto their iPhones and start using them immediately.”
App Store Launch
Slide122005: Google Buys Android for $50MM (and Samsung Doesn’t)
May 13, 2019
12
Phonearena.com (16 Feb 2014)
Slide1313
Android Developers Blog, Sept 23, 2008
“
In one of those strange cosmic symmetries, here we are a year later, and
we’re once again very excited about an upcoming release. I’m referring, of course, to the first Android-powered device that our colleagues at T-Mobile have just announced—the T-Mobile G1.”
Android Launch
Slide1414
Android Developers Blog, Sept 23, 2008
“
We can’t
wait to see our hard work on store shelves and in the hands of users, but today we’re almost as excited because we’re announcing the brand-new Android 1.0 SDK, release 1.”
Android Launch
Slide1515
Gartner, Mar 11, 2009
Smartphone Handset Market Shares, 2007 & 2008
Slide1616
Gartner, Mar 11, 2009
Smartphone OS Market Shares, 2007 & 2008
Slide1717
Gartner, Mar
3, 2015
Smartphone Handset Market Shares, 2013 & 2014
Slide1818
Smartphone OS Market Shares, 2013 & 2014
Gartner, Mar
3, 2015
Slide192018 Smartphone Sales
May 13, 2019
19
Gartner (28 Aug 2018)
Slide202018 Smartphone OSs
May 13, 2019
20
Gartner (28 Aug 2018)
Slide212018 4Q Smartphone Sales
May 13, 2019
21
Gartner (21 Feb 2019)
Slide222018 Total Smartphone Sales
May 13, 2019
22
Gartner (21 Feb 2019)
Slide2323
Apple
iOS Developer Program
Developer Side of App Store
Slide2424
Apple
iOS Developer Program
Developer Side of App Store
Slide2525
Apple
iOS Developer Program
Developer Side of App Store
Slide26Buying iOS Apps
May 13, 2019
26
Slide27May 13, 2019
27
Apple Terms of Service, 17 Sept 2018
Apple’s Contract with iOS Users
Slide28May 13, 2019
28
Apple Terms of Service, 17 Sept 2018
Apps are Licensed, Not Sold
Slide29May 13, 2019
29
Apple Terms of Service, 17 Sept 2018
Apple as Agent for Third Party Apps
Slide30Majority: Apple As Seller
May 13, 2019
30
Apple v. Pepper (U.S 13 May 2019)
Slide31Dissent: Apple Not The Seller
May 13, 2019
31
Apple v. Pepper (U.S 13 May 2019)
Slide32Majority: Users as Direct Purchasers from Apple
May 13, 2019
32
Apple v. Pepper (U.S 13 May 2019)
Slide33Majority: And Again
May 13, 2019
33
Apple v. Pepper (U.S 13 May 2019)
Slide34Majority: Deal Structure and Evasion
May 13, 2019
34
Apple v. Pepper (U.S 13 May 2019)
Slide35Dissent: New Rule Too Complicated
May 13, 2019
35
Apple v. Pepper (U.S 13 May 2019)
Slide36https://twitter.com/randypicker/status/1127954232815042560
May 13, 2019
36
Picker Tweets (13 May 2019)
Slide37https://twitter.com/randypicker/status/1127954232815042560
May 13, 2019
37
Picker Tweets (13 May 2019)
Slide38And What Does that Tell Us About the Spotify Complaint?
QuestionsIs monopolization the right framing here?If not, should these be about some type of direct platform regulation (common carrier or something else)?Should Apple has some type of nondiscrimination obligation as, Ek puts it, “player and referee”?
May 13, 2019
38
Slide3939
Source.Android.com
“
Android
is an open-source software stack for a wide range of mobile devices and a corresponding open-source project led by Google. Here you can find the information and source code you need to learn more about the Android platform.”
Open Source, Led by Google
Slide4040
Source.Android.com
“From
there
you can create custom variants of the Android software stack, port devices and accessories to the Android platform, and ensure your devices are compatible with the Android compatibility definition.”
Custom Versions
Slide4141
Android Legal Notice
Control over Trademarks
Slide4242
Android Legal Notice
Eclipse Android Developer Tools
Plugin: “
Certain code within the ADT plugin and other packages available from the SDK Manager require that you agree to terms and conditions for use, reproduction and distribution upon installation.”
Piecemeal Platform and Contracts
Slide4343
Android Legal Notice
Google Play
: “
Google Play is a publicly available service through which you can distribute your apps for Android-powered devices. Google Play not only makes your app available to millions of devices, but also offers your app powerful services such as in-app billing and license verification.”
Piecemeal Platform and Contracts
Slide4444
Android Legal Notice
Google Play: “In
order to distribute your apps on Google Play and use the associated services, you
must agree to the Developer Distribution Agreement and acquire a valid Developer Account.”
Piecemeal Platform and Contracts
Slide45Tying and Exclusivity
May 13, 2019
45
EC, Android Fine (18 July 2018)
Slide46Apple v. Google Android
QuestionsHow does the organization of the Android platform compare to iOS?What does that mean for how funds should flow within the Android ecosystem?And how does that impact the EC’s tying claims?
May 13, 2019
46
Slide47Smartphone OS Competition
May 13, 2019
47
Picker, ProMarket blog (23 July 2018)
Slide48Smartphone OS Competition
May 13, 2019
48
Picker, ProMarket blog (23 July 2018)