Apple just kicked Fortnite off the App Store

You could argue about Apple's rights, or citizens' free speech rights, or consumer rights, under existing law. It would be an interesting discussion because I think it's a lot more complicated an issue that most people appreciate.

But really why not talk about how we think things should work on platforms like iOS? What should the law be? What protects essential human rights, encourages creativity, and allows business to function to some extent?

Personally, I would argue that consumers should have a legal right to install whatever software they wish on a product they have purchased, including onto the bundled operating system. I don't think it should be permissible for a company like Apple (or Microsoft or whoever) to sell me a gadget and then use various sorts of locks to try to keep me from putting whatever apps or app stores or services I like on it.

Does anyone have any argument for why this right would be a bad thing? People would get bad software on their phones, but last I checked, this is happening already, including on iOS. Apple would lose some margin, but last I checked, their investment in creating and maintaining iOS has been handsomely rewarded and would surely continue to be.

> Personally, I would argue that consumers should have a legal right to install whatever software they wish on a product they have purchased, including onto the bundled operating system.

The thing is, people do have this right on Apple phones; the Library of Congress can designate exemptions from the DMCA and they have done so for jailbreaking smart phones. You have the legal right to jailbreak your phone and install whatever you want; neither Apple nor the Feds can stop you.

Now, whether Apple must make it easy for you to do that is a different question. They actually do, in a way--if you have an Apple developer account you can "side load" whatever you want onto your personal phone. You have to register and pay $99 for that privilege, though. Again--the question is how easy Apple should make it for you to do that.

Anyway, this particular lawsuit is not about Apple devices at all; it's about the contract between Apple and the App Developers in their store. If Epic wins this lawsuit, it might encourage some more developers to list their apps in the App Store, but it will have zero impact on how hard it is for you to freely install whatever software on an Apple phone.

> You have the legal right to jailbreak your phone and install whatever you want; neither Apple nor the Feds can stop you.

The law isn’t that simple, and even if it was, Apple does stop most people from jailbreaking most Apple devices most of the time. https://en.wikipedia.org/wiki/IOS_jailbreaking#Digital_Mille...

In the United States, the law is that simple.

Did you read the link I posted?

> The jailbreaking of smartphones continued to be legal "where circumvention is accomplished for the sole purpose of enabling interoperability of [lawfully obtained software] applications with computer programs on the telephone handset." However, the U.S. Copyright office refused to extend this exemption to tablets, such as iPads, arguing that the term "tablets" is broad and ill-defined, and an exemption to this class of devices could have unintended side effects.

I did, but not very closely. That snippet is out of date and I have updated it–tablets have been exempt since 2015.