Apple fights to keep DOJ antitrust suit from reaching trial

> Apple has argued the case against it is overly speculative and amounts to a “judicial redesign” of the iPhone. It’s sought to downplay its own influence, saying the government doesn’t allege a large enough smartphone market share to add up to monopoly power. It characterizes the third-party developers who claim they’ve been harmed as “well-capitalized social media companies, big banks, and global gaming developers.”

The word “monopoly” means different things in law and everyday use. To most people, Apple is a monopoly - it just means a company that is unjustifiably large and powerful and relatively immune to competition and pressure. We need to change the law to reflect this new reality, that anti trust isn’t just about monopolies but other large companies too.

The second bit, where they try to characterize developers abused by the App Store as powerful big capital is laughable. Even if they were, what are they next to Apple’s control over app distribution and their war chest of capital, which exceeds virtually all VC firms?

> The word “monopoly” means different things in law and everyday use. To most people, Apple is a monopoly - it just means a company that is unjustifiably large and powerful and relatively immune to competition and pressure. We need to change the law to reflect this new reality, that anti trust isn’t just about monopolies but other large companies too.

Where should the new line be drawn though? And should we expect to move the line again when common opinion on the term adjusts and we again find that the legal definition is out if touch?

I'd feel a bit uncomfortable having laws and terms redefined to match what the average person thinks a word means. Its one thing to change a law that people actually disagree with, it feels off to me to change a law because people use words differently in everyday life compared to a court room.

I think the classic definitions are fine: - Monopoly: 50%+ of a market - Oligopoly: Just a few companies control most of the market.

Apple has more than 50% of mobile device market share. That means they're a monopoly.

Apple has 100% control of the app market for their device. This is also a classic form of Monopoly, kind of like a company store, but on a national scale.

Meanwhile, the legal definition has shifted because of activist judging by conservative judges, which created the "consumer harm" standard, which is nebulous, and much easier to turn into a wishy-washy judgment call than the actual, original definition. And conveniently lets corporate crony judges make judgments like "look how much consumer benefit there is from iPhones! we could care less how unfair Apple is to app developers," even though the idea that whatever features are in Apple devices that consumers get such benefits from won't still be available to consumers even if there's some anti-monopoly ruling.

Like many things in modern America, there's been extensive intentional erosion of things that shouldn't be controversial by what the founders would have referred to as "factions," IE special interests.