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11
Apple's revenge
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Hello everyone!

Update: Apple has tracked down and terminated account of appdb servicing company, that was never used anywhere outside an AppStore, had published in the store apps and never violated anything. Such blatant actions by Apple - controlled limitation of competition are against the law. appdb will continue to work despite of these facts. When new features will be released, we will fight back.

Continuing our story with conversation with Apple regarding EU DMA. Their legal claims to one of our developers.

We can't believe it, but without any notices (even without standard account termination letter), Apple has closed our team member developer account and revoked all his certificates as well just as an act of revenge for his uncomfortable questions!

As our developer have not signed any agreements with Apple's layers and warned them about non-privacy of such conversation, so we are publishing it with his permission.

You can read email that Apple send to him here (PDF).

He replied:

Despite of fact that Apple employee has said that this video is an open conversation, I asked appdb staff to remove this video from public access, as there was no obvious question from my side and consent from her side about recording from her side, it may be privacy violation.
Reading your attempts to accuse me in violation of Apple Developer agreement (instead of just stopping on Apple Developer Event Attendance Policy) -
How my personal interest in alternative app distribution does violate Apple Developer Agreement?
Do you have any evidences that I personally violate ADA?
I was not taking any actions to "subvert Apple’s software, systems, and business practices".
Website that you mentioned does not advertise or sell provisioning profiles, and does not run "developer account reseller program" as you mentioned. It also does not ask anyone to use any activities that violate ADA like "creating fraudulent developer accounts". It explicitly states that users need to obtain their own developer account in order to, as you state, do "local testing and development" on their own devices.
For further reading I must to remind you that website that you mentioned is working under EU DMA, which requires gatekeepers (which Apple is) do not:
- prevent consumers from linking up to businesses outside their platforms;
You can read more here: https://digital-markets-act.ec.europa.eu/about-dma_en
Please note that if my Developer Agreement and my personal developer account will be terminated without any evidences, I will take legal action.
Also please note that this conversation (and me personally) does not fall under Electronic Communications Privacy Act, 18 U.S.C. Section 2510, as I'm citizen of European country and you are talking on behalf of public company.
Your replies or/and any other communication may be shared publicly.

Without any replies to this email or any actions, evidences of ADA violation - just account termination.

So, asking uncomfortable questions is a legal reason to terminate an account. Just about it! [Note to Apple: going further, you can ban his Apple ID, remove his photos from iCloud and take back all apps and in-app purchases that he ever bought on your AppStore)]

Aleksei was an apple developer for many years, starting from his developments of Safari plugins, continuing use his developer account for his private needs and testing of apple systems and APIs. There was no issues with his apple developer account until today.

Almost the same questions that are listed in our initial video were asked to Michael Wong, a senior manager of Apple Developer relations.

Yes, we are small independent company (less than 50 employees at the moment) that has iOS marketplace which will become official in March 2024 as now it is allowed by the law.
I have some questions regarding your implementation of EU DMA:
What if we have no one million euros warranties that Apple requires; and why "security" and "privacy" concern is evaluated in money instead of certification, verification of system security or/and professionalism?
As iOS marketplace distribution uses MDM apis, do we need to become MDM vendor?
If yes, how to become mdm vendor for company that has less than 50 employees (I know that Apple requires more than 50 employees, so our request in ~2021 was declined) ?
Why does Apple intend to control software distribution marketplaces, if it is not Apple business what users are doing with their owned devices and what are they installing on their property? Right now all apps must to be notarised and signed by Apple to be distributed in alternative marketplace, which is still a gatekeeping. Notarisation can be done by another marketplace or/and provider as well.
How current gatekeeping situation (when apple still checks every app and sings applications to be distributed by other marketplaces - and IS the first party of installable app origin) is in compliance with EU DMA?
How can independent developers distribute apps on iOS without paying Apple anything?
Why is Apple taking on themselves "security" concerns, while in every other distribution systems and marketplaces the only thing that security does is to verify origin of an application, e.g. signature by developer certificate? We had zero issues with user security and privacy.
Why do we need potentially pay core technology fee, if we have no other options rather than using iOS at the moment, as boot loading sequence on Apple devices is locked to only Apple software?
If it still will be locked, we are developing our own solutions for app purchases and in-app purchases and other things and will require interoperability in this area.
Apple is still gatekeeper for Push notifications in iOS apps, when interoperability in this area will be implemented?
Finally, how can app marketplace function without Apple qualifications, as Apple uses it's monopoly to dictate independent companies how to work and limits their access to the market?

He replied with standard response to read their unfair and anti-competitive guidelines mentioned here. After second email:

Thank you for fast response Michael, unfortunately it doesn’t answer all my questions (almost none of them).
Can I ask you to provide detailed answer for each of my questions with references to your updates?
As these updates reference the same and raise the same questions that I already asked.

We've got no response.

Period. But not the end.

appdb continues to work against Apple monopoly and continues to develop alternative solutions to Apple's ecosystem that they force you to use and to pay.

Stay tuned for updates.

If you are developer, lawyer or payment processing company in European Union, feel free to contact us via [](mailto:[email protected]) - to get access to private beta of all upcoming features and form the shape of real alternative marketplace that is under your control - it is better to build freedom together.

Media companies can also contact us to shed more light to this situation and get to know about latest appdb features and services.

Best regards, appdb team.

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