Apple and the ACM: Investigation and Invoice
Apple’s got an investigation and another invoice in the Netherlands. A piece from Apple Insider says:
An antitrust regulator in the Netherlands is once again investigating whether Apple has done enough to comply with its order over dating app alternative payment options, after Apple said it would still require developers to pay a 27% commission for using a third-party payment system.
I know you know, but we’ll quickly recap: Over the holidays, Dutch regulators ruled that Apple would have to give developers behind dating apps the option to use payment methods besides Apple’s own in-app payment mechanism. Apple eventually said, “okay,” though the company did make it clear that it still planned to collect a commission, though at a reduced rate. Then last Friday, Apple said that “reduced” rate would be 27% - just a tiny bit less than the usual 30%. This caused much consternation among some developers and, it seems, Dutch authorities as well. Well, maybe with Dutch authorities. The Authority for Consumers and Markets (ACM) in the Netherlands saying it is examining the changes Apple's made to see whether it’s now in compliance with ACM rules. In the meantime, they’re gonna have to cough up that dough.
Back in January, the ACM started fining Apple five-million euros a week for not complying with the third-party payment method mandate. Though Apple had said it would comply, saying and doing are two different things and the fine was for not doing. Those fines are apparently levied on Mondays, since - according to a piece from MacRumors, the third was levied yesterday. According to the report:
The ACM [Monday] said it has still not received enough information from Apple to assess whether Apple has properly complied with the order, (…) The competition regulator will continue to fine Apple five million euros per week, up to a maximum of 50 million euros, until it finds the company has come into compliance.
Or… you know… until it hits €50 million euros. That’s an amount that Loup Ventures principal Gene Munster figures Apple could make in about five-hours.
Apple Acquires AI Music Company Called AI Music
Image by Press 👍👍 Love you 💖 from Pixabay
News of an interesting Apple acquisition. MacRumors says the company has picked up AI Music, “a startup that uses artificial intelligence to generate personalized soundtracks and adaptive music.” According to the report:
The technology is able to generate dynamic soundtracks that change based on user interaction. Music during a workout, for example, could change based on the wearer's heartbeat, adjusting to workout intensity.
Personal and techno-utopian as that sounds, the piece also has the company describing its wares “as a feature that could allow advertisers to create audio that would match user context, like mood.” Before the acquisition, the company’s LinkedIn page said:
AI Music allows brands, developers and sonic adventurers access to our intelligent music library. Our goal is to give consumers the power to choose the music they want, seamlessly edited to fit their needs or create dynamic solutions that adapt to fit their audiences.
As for what Apple might do with it, MacRumors says the company:
…could potentially make use of the AI Music technology in several ways. Songs that can update based on heart rhythm could be useful for Apple Fitness+, and Apple's Photos app uses royalty-free music to provide songs for photo slideshows, so on-demand generated music that matches mood could come in handy for that purpose.
The acquisition was completed in the last few weeks, according to the report. At the time, AI Music had about 24 employees. No word in the piece on how much Apple paid for the company.
News Corp CEO Touts “Extended and Expanded” Content Deal with Apple
News Corp has extended its content partnership with Apple. Apple Insider ran a piece over the weekend that had News Corp CEO Robert Thomson making the announcement. During his company’s earnings call last week, Thomson said, “In addition to our substantial deals with Google and Facebook, we have extended and expanded our multi-year global agreement with Apple…”
Not much in the way of details, though “extended and expanded” have Apple Insider expecting more from the tie-up. Apple News+ subscribers currently get access to content from The Wall Street Journal as part of that deal, as well as the Times out of the UK. “Items from the New York Post and The Sun are also viewable in Apple News under the free offering,” according to the report.
Iowa Apple Data Center Back Up for Review
Image via waukee.org
Signs of life for an Apple Data center in Iowa. The website for WHO 13 out of Des Moines (which I found thanks to Apple Insider) says, “Apple’s plans for a data center in Waukee are scheduled for review by the city’s Planning and Zoning Commission” tonight.
You may think these things take time and still have no idea. The plan was first proposed nearly five-years-ago, with Apple CEO Tim Cook unveiling the project at the Iowa State Capitol, alongside Gov. Kim Reynolds. You can catch that 2017 speech below, if you like. Since then, the piece says, “some site work has been completed on the lot,” but no buildings have been built.
WHO says updated site plans have been made public ahead of tonight’s review. Those show intent to build a 315,000-square-foot data center, with room for as many as “five more identical data center buildings at the site.” When proposed, the site says the “data center campus was expected to cost more than $1.3 billion…” Of course, those were 2017 dollars, so who knows how much it would be now. WHO reached out to Apple for comment on the project’s status. I wonder if they were surprised to receive no response. Because they didn’t. Which is not surprising.
Apple Opens First All-Female Developer Academy in Saudi Arabia
Image by apriltan18 from Pixabay
News of a significant Developer Academy happening from Apple. iMore highlights a report from Khaleej Times covering the company’s “first-ever all-female Academy in Riyadh, Saudi Arabia.” The academy is said to be “Apple’s first coding institution in the Middle East region,” run in “partnership with the Saudi Federation for Cyber Security, Programming and Drones…”
Like Apple’s other Developer Academies, this one’s not just about the coding. Students will also get instruction on marketing, project management, entrepreneurship, and more. The plan is to move more than 600 women through the Academy per-year. Some of that will be through 30-day starter courses, with the rest devoted to programs as long as 10-months.
The story quotes Susan Prescott, VP of Education and Enterprise Marketing for Apple, saying that the company was “excited to welcome the first class of women to the Apple Developer Academy facility,” and that Apple's App Store ecosystem “gives anyone with an idea the opportunity to design and build incredible new apps that can change the world.”
Variety: Apple Order J.J. Abrams/David E. Kelley Series “Presumed Innocent”
From the person who brought you Star Trek Into Darkness, The Rise of Skywalker, and “Little Voice” comes another surefire winner for Apple TV+. Variety says the Cupertino-streamer has ordered the drama series “Presumed Innocent” from David E. Kelley. Dustin Thomason, and J.J. Abrams. “Inspired by the Scott Turow novel of the same name,” Variety says:
…the courtroom thriller series tells the story of a horrific murder that upends the Chicago Prosecuting Attorneys’ office when one of its own is suspected of the crime.
What’s the twist gonna be this time? That he did do it?
I know I sound angry. Mostly because I am. First off - I know that remakes and reboots are a fact of life. That said, I am annoyed that Hollywood has decided I’m old enough to have this happen to me on the regular. Additionally, and I mean only a few people disrespect - Has no one noticed how lackluster J.J. Abrams stuff has been over the last few years. “Lost” was great - 18 years ago. Star Trek 2009 was great - 13 years ago. Star Trek Into Darkness was not great and I still have flashbacks from Rise of Skywalker.
When I thought we might never go back to movie theaters again, I was really, really, really, really, really sad that that might be the last thing I ever saw on the big screen.
Also - he helmed one of only two shows Apple has cancelled. But please: Let’s keep giving him money.
That said, I like David E. Kelley.
It was his wife, by the way.
Kristen Wiig to Star in “Mrs. American Pie” for Apple TV+
Image via Amazon
08 FEBRUARY 2022 - Apple TV+ is doing another period piece - this one a comedy set in the early 1970s. Yes, I’m calling something set in the 70s a period piece. If I’m feeling old, you’re feeling old with me. According to a press release, the show, called “Mrs. American Pie:”
…follows Maxine Simmons’ (…) attempt to secure her seat at America’s most exclusive table: Palm Beach high society. As Maxine attempts to cross that impermeable line between the haves and the have-nots, “Mrs. American Pie” asks the same questions that still baffle us today: “Who gets a seat at the table?” “How do you get a seat at the table?” “What will you sacrifice to get there?” Set during the powderkeg era of the early 1970s, “Mrs. American Pie” is a testament to every outsider fighting for their chance at superficial greatness.
“Saturday Night Live” alum and former Ghostbuster Kristen Wiig plays Maxine. The only other named star so far is Laura Dern. While she’s said to be eyeing a key role, she’s already attached as the show’s executive producer, having developed if from the novel “Mr. and Mrs. American Pie” by Juliet McDaniel. No indication in the release on when the show will start streaming.
Apple TV+ Orders Rashida Jones/Robot Series “Sunny”
Rashida Jones - Image via Apple
Add a darkly comedic drama series to Apple’s roster. Apple TV+ issued a press release Monday announcing “Sunny,” a ten-episode half-hour series from A24. Based on the book Dark Manual by Colin O’Sullivan, the press release says:
"Sunny" is a darkly comedic drama starring Rashida Jones as Suzie, an American woman living in Kyoto, Japan, whose life is upended when her husband and son disappear in a mysterious plane crash. As “consolation” she’s given Sunny, one of a new class of domestic robots made by her husband’s electronics company. Though at first Suzie resents Sunny’s attempts to fill the void in her life, gradually they develop an unexpected friendship, as together they uncover the dark truth of what really happened to Suzie’s family, becoming dangerously enmeshed in a world Suzie never knew existed.
Sounds like A.I. meets JFK. Could be a B.F.D.
“Sunny” will be the second title to feature both Jones and A24 for Apple TV+, though the third title for Jones alone. For the two together, Jones starred alongside Bill Murray in the Apple TV+/A24 film On the Rocks. Minus A24, Jones will be seen in the Cupertino-streamer’s dystopian series adaptation of the book Wool. No word when “Sunny” will shine on Apple TV+.
Apple Sets “Reduced” Commission for Dating Apps in Netherlands at 27%
Apple pulled a move on Friday that made some furious and made others laugh. Well, other. Okay - me. It made me laugh. Out loud. I’ll explain why in a bit. First, let me tell you what the company did.
TechCrunch says Apple has come back to authorities in the Netherlands saying to what level the company plans to drop its App Store commission for developers who use third-party payment processors. You probably remember this story. Over the holidays, Dutch regulators ruled that Apple would have to give developers behind dating apps the option to use payment methods besides Apple’s own in-app payment mechanism. Apple eventually said, “sure thing,” though the company did make it clear that it still planned to collect a commission, albeit at a reduced rate.
We’ve now heard the rate, and you could practically put reduced in quotes. The TechCrunch piece says Apple has set the “reduced” rate at 27%, down just a tiny bit from the 30% developers would pay if they stayed with Apple’s in-app payment system. On Friday, the piece says, Apple updated its documentation page. The part that covers commission says:
Consistent with the [Netherlands Authority for Consumers and Markets] order, dating apps that are granted an entitlement to link out or use a third-party in-app payment provider will pay Apple a commission on transactions. Apple will charge a 27% commission on the price paid by the user, net of value-added taxes. This is a reduced rate that excludes value related to payment processing and related activities. Developers will be responsible for the collection and remittance of any applicable taxes, such as the Netherlands’ value-added tax (VAT), for sales processed by a third-party payment provider.
Onerous as that might sound to some, there are even more hoops through which developers would have to jump. In short, Apple is making it a pain for developers to employ third-party solutions.
Developers Not Amused by Apple’s 27% Solution
That’s not the part that made me laugh. We’ll get to that. First, let us hear from angry developers. Developers like Steve Troughton-Smith. A piece from Cult of Mac had the “creator of apps like Broadcasts and Pastel for iOS” calling the move “absolutely vile” and saying that Apple executives “should be ashamed.” In a post on Twitter, Troughton-Smith said:
Absolutely vile. This says everything about @tim_cook’s Apple and what it thinks of developers. I hope the company gets exactly what it deserves. Everybody on their executive team should be ashamed, and some of them should not be here when it’s all over. We all see you
Instapaper and Overcast developer Marco Arment posted a short Twitter thread. He also called it funny, but I don’t know whether he genuinely laughed the way I did. Quoting his short Twitter thread:
Even if you’re not a dating app in the Netherlands, this is worth a read.
This is almost certainly how Apple plans to comply with ALL external-purchase regulations, until and unless they’re forced to be more permissive:
[link to Apple’s documentation page]
You can just FEEL how much they despise having to do any of this. They’re making non-App-Store payments as painful, expensive, and clunky as the regulators will tolerate.
It’s so, so good.
It can be summarized perfectly with a single character: [middle finger emoji]
Dare Obasanjo had an interesting couple of comments on Twitter, the first being:
Apple will comply with the law in Netherlands to allow dating apps to use alternative payment systems but will still charge 27% commission. After Stripe fees of 2.9%, it will cost developers money to not use Apple IAPs.
This defeats the purpose of the law
His second comment:
I’m truly impressed that Apple is just going to give the middle finger to every regulator that tries to get in the way of their 30% cut.
The Punchline
Okay - now I’ll tell you what made me laugh. Actually, first I’ll tell you why I sympathize with the developers. My podcast, “Mac OS Ken” is funded a few different ways. It is funded by advertisers, and by supporters who sign up through Patreon. For every person who signs up through Patreon, Patreon takes a cut. They have never written a story for “Mac OS Ken” and they have never gotten me an interview. What they’ve done is built a trusted platform that takes care of everything and for that they take a fee.
Advertisers come to me through Backbeat Media. For every advertiser, Backbeat Media takes a commission. Backbeat Media has never written a story for “Mac OS Ken” and they have never gotten me an interview. Actually, that’s not completely true. I’ve interviewed one of them several times. What Backbeat has done is set up relationships with ad agencies and clients. They’ve built trust. They’ve built a process.
Would I like for Backbeat’s commission to be smaller? Sure. Would I like Patreon to take none of the money supporters pledge to me? Sure. Are these the deals that I signed up for? Yes they are. I do my work. They do their work. Their work makes my work possible. Because 100% of the sales I made on my own kept coming out to zero.
We’ll finally now get to the part that made me laugh. Apple is going to make the U.S. Government tell Apple how much money the U.S. Government thinks Apple should be allowed to make. Assuming that Marco Arment is correct and that this is “how Apple plans to comply with ALL external-purchase regulations,” Apple is going to make the U.S. Government tell Apple how much money the U.S. Government thinks Apple should be allowed to make. And that to me is hilarious. And I can’t say why exactly. But it’s made me laugh a few times.
ReelGood: “The Afterparty” Makes Top-Ten During Its Premier Week
Image via Apple
News of another good showing for another Apple TV+ title. Last week the video recommendation service JustWatch said that The Tragedy of Macbeth was one of the ten most-streamed video on demand films in January. Now, iMore has the self-described “streaming hub” ReelGood saying that “The Afterparty” was among the top-ten series streamed during its premier week. In case you don’t remember, a piece from iDownloadBlog says:
“The Afterparty” is a murder-mystery comedy set at a high school reunion afterparty. Each of the eight episodes [features] a retelling of the same night told through a different character’s perspective, each with its own unique visual format and film genre to match the teller’s personality.
According to ReelGood, the show came in in eighth place last week - at least in the part of the web that it watches. “Reelgood says its top 10 rankings are based on streams and engagement on its platform in the US,” according to iMore.
“Shining Girls” Set to Premier Friday 29 April on Apple TV+
Imager via Apple
If you’re looking for a “metaphysical drama series,” Apple says you’ll find it in “Shining Girls.” And here I’ve been calling it a thriller. The streamer’s press release says:
“Shining Girls” follows Kirby Mazrachi, a Chicago newspaper archivist whose dreams of becoming a journalist were put on hold after surviving a brutal attack that has left her in a constantly shifting reality. When Kirby learns that a recent murder is linked to her assault, she teams up with veteran reporter Dan Velazquez to understand her ever-changing present and confront her past.
Elizabeth Moss, Wagner Moura, Amy Brenneman, Jamie Bell, Phillipa Soo, and Chris Chalk form the ensemble cast. “Shining Girls” starts on Friday 29 April. You can catch a very short trailer below.
Docuseries “They Call Me Magic” Set for 22 April Premier
Image via Apple
The Magic Jonson docuseries from Apple TV+ has a release date and, at long last, a title. Apple says:
“They Call Me Magic” is the captivating, real life story of the extraordinary, two-time NBA Hall of Famer and cultural icon Earvin “Magic” Johnson. With unprecedented access, the four-part documentary series explores the remarkable accomplishments and global impact of Magic’s life, both on and off the court.
The only video we’ve seen is really just a teaser. It’s roughly 16-seconds long, and you can catch all 16 of ‘em below. All four parts of “They Call Me Magic” hit Apple TV+ on Friday 22 April.
“Roar” Set for Friday 15 April on Apple TV+
Image via Apple
A female-driven anthology is roaring onto Apple TV+. Based on a book of short stories by Cecelia Ahern, “Roar” is described by Apple as:
…a genre-bending anthology series that weaves together eight darkly comedic feminist fables that take unexpected approaches to subjects like gender roles, autonomy and identity.
“Roar” features a cast that just won’t quit, including Nicole Kidman, Cynthia Erivo, Alison Brie, and more. The show lands on Apple TV+ on Friday 15 April.
“Slow Horses” Leaves the Gate in Early April
Image via Apple
The Apple TV+ British production “Slow Horses” is finally making it onto the track. According to the streaming service, the series “follows a team of British intelligence agents who serve in a dumping ground department of MI5 — Slough House.” A piece from Deadline goes deeper on the source material, saying the 2010 book on which it’s based (the first in a series of eight):
…follows the abduction of a young man with the kidnappers threatening to behead him live on the internet. However, there are question marks as to whether the victim is who he appears to be and there’s a murky connection between the kidnappers and a disgraced journalist.
Stellar cast, including Academy Award winner Gary Oldman and Academy Award nominees Kristin Scott Thomas and Jonathan Pryce. Apple’s press release says the show premiers on Friday 4 April. That’s a bit problematic though, since there is no Friday 4 April. A piece from Apple Insider lists the premier date at Friday 1 April. Since Apple TV+ premiers things on Fridays, we’ll assume a typo on Apple’s part.
“The Last Days Of Ptolemy Grey” Begins Friday 11 March on Apple TV+
Image via Apple
Apple TV+ hit with news of a weighty seeming series to end the week last week. The Cupertino-streamer put out both a release date and a trailer for “The Last Days Of Ptolemy Grey.” Based on the novel by Walter Mosley, a description about a year ago from Dealine described the show, saying:
Ptolemy Grey [is] a 91-year-old man forgotten by his family, by his friends, by even himself. On the brink of sinking even deeper into a lonely dementia, Ptolemy experiences a seismic shift when he’s given the tremendous opportunity to briefly regain his memories, and uses this precious and fleeting lucidity to solve his nephew’s death and come to terms with his past.
Samuel L. Jackson plays the titular Grey, joined in the cast by Walton Goggins, Dominique Fishback, and others. It hits Apple TV+ on Friday 11 March. You can catch the trailer now, below.
Second Season of “Dear…” Hits Apple TV+ on Friday 4 March
Image via Apple
Do you remember the Apple TV+ series “Dear..."? Personally, I remember it happening, but I never actually watched it. Whether you saw it, missed it, or totally missed it a piece from Apple Insider says:
The series, which is from Emmy and Peabody Award winner R.J. Cutler, spotlights "internationally recognized leaders, entertainers and athletes" through intimate letters from fans.
Season one featured such luminaries as Spike Lee, Lin-Manuel Miranda, Jane Goodall, Big Bird, and others. You’ve got about a month to catch those ahead of season two. Upcoming episodes will feature Viola Davis, Malala Yousafzai, Sandra Oh, Kareem Abdul-Jabbar, and still others. The whole of the first season is available to stream now. Season two begins on Friday 4 March. You can catch a trailer for season two below.
Coming Soon (and Not as Soon) To Apple TV+
A rundown of series ahead for Apple TV+:
The first two episodes of the Ben Stiller-directed workplace thriller “Severance” hit this Friday 18 February, with new episodes on following Fridays.
That same day, Friday 18 February, sees the arrival of all four episodes of “Lincoln’s Dilemma,” a docuseries exploring “the legacy of President Lincoln and the country’s complex journey to end slavery.”
The second season of “Dear…” premiers on Friday 4 March.
The first two episodes of “The Last Days of Ptolemy Grey” hit on Friday 11 March, with subsequent episodes hitting on subsequent Fridays.
The following Friday, 18 March, the first three episodes of the Jared Leto/Anne Hathaway WeWork series “WeCrashed’’ hits the Cupertino-streamer, with a new episode each Friday for the following five Fridays.
The first three episodes of the generation-spanning, globe-spanning drama “Pachinko” premier on Friday 25 March.
The first two episode of “Slow Horses” probably hit on Friday 1 April. That’s what Apple Insider says, though Apple’s own press release says it premiers on Friday 4 April. Since Apple TV+ premiers things on Fridays and since there is no Friday 4 April this year, we’ll assume a typo on Apple’s part. If a correction is needed, I’ll correct it.
All eight episodes of “Roar” will hit at once, with the full series premiering on Friday 15 April.
They’ll do the same again with “They Call Me Magic,” launching all four episodes on Friday 22 April.
The first three episodes of “Shining Girls” will start that series’s run on Friday 29 April.
The second season of the Israeli espionage thriller “Tehran” begins on Friday 6 May.
And The Spanish/English mystery thriller “Now and Then” starts its eight episode run with the first three episodes on Friday 20 May.
Open Markets Act Passes Out of Committee
Image Alejandro Barba via Unsplash
In proceedings that shocked no one, a piece from Engadget says the “Senate Judiciary Committee voted 20-2 to advance the Open App Markets Act,” on Thursday. As discussed here before, that’s the one that would mandate that:
Competing app stores would be allowed on iPhones and Android phones
Consumers would choose which app store app to download
Consumers would choose their default apps
Apple and Google would not be allowed to do anything to give their own app stores an advantage
That is just some of the changes that would come should the bill become law. It can now be taken up by the whole Senate, though whether or when it will remains to be seen.
South Korea Wants More Detail Around Apple’s Third-Party Payment Plans
Problems at home for Apple, and problems abroad. South Korea has responded to Apple’s plans to allow alternative payment methods in the App Store. Those plans won’t cut it, in the nation’s estimation. This all goes back several months. According to a piece from Apple Insider:
In September, South Korea passed a law that would forbid app store operators, such as Apple and Google, from requiring developers to utilize first-party payment systems for in-app purchases.
Roll ahead to mid-January, and we find Apple seeming to say, “okay.” A piece from The Korea Herald had Apple saying:
We look forward to working with the [Korea Communications Commission] and our developer community on a solution that benefits our Korean users…
Apple did also indicate that it would still get paid. Indications were that it would “provide an alternative payment system at a reduced service charge as part of [its] compliance plans…”
Best laid though they may have been, gang aft a-gley they have, or… something. Apple Insider now says:
South Korean regulators want better, more detailed compliance plans from both Apple and Google over opening up their App Stores to outside payment methods.
Concerns expressed by regulators are that the tech titans might make using outside payment processors too difficult, and that the reduced service charge might not be reduced enough. The piece quotes one Korean Communications Commission official as saying:
As a result of any policy, if app developers find it realistically difficult to use an alternative payment system and resort to using the dominant app store operator's payment system, it would not fit the law's purpose.
I will say, I do think that Apple and Google get a bit squirrelly around this stuff sometimes. It’s kind of hard to blame them in this case, though. While South Korea seems to want more definitive plans from the two companies, Apple Insider says:
The specific rules of [the] new law, an amendment to South Korea's Telecommunication Business Act, are to be drawn up by March 15.
“Comply with our rules!”
“What rules?”
“We’ll get to that!”
The world is funny/not funny.
Evercore: Don’t Worry About Slowing App Store Growth
If you hear talk of slowing growth for the App Store, Evercore analyst Amit Daryanani says don’t worry about it. It’s not that that talk is incorrect, it just shouldn’t be a source of worry in his estimation.
Apple 3.0 ran part of a note he wrote, wherein he offered reasons to not fret. First - you’re looking at seriously tough compares. “The growth slowdown has been occurring for the past five months,” wrote the analyst, “as we lap an extended period of 30%+ growth.” Plus, there’s other stuff besides the App Store, and comparisons get easier the further on we go. Quoting his note again:
Apple’s ability to grow Services revenue well in excess of App Store growth is encouraging as we will likely see at least two more months of single digit App Store growth. Consensus [for Services] is currently forecasting ~17%, which looks achievable even with App Store growth likely to remain in the single digits. Comps get easier starting in April, so we expect a return to double digit growth at that time…
Daryanani has an “Outperform” rating on Apple shares. His price target on the shares is $210.