Coronavirus Reporter
Coronavirus Reporter is an iOS app created by Dr Dr. Robert Roberts, the inventor of the MBCK myocardial infarction screening test, and head NASA cardiologist during the space race.[1] The app is the subject of antitrust litigation, Coronavirus Reporter and Five Unnamed Apps vs. Apple Inc. a pending antitrust lawsuit filed in January 2021 in the United States District Court for the District of New Hampshire.[2][3] It is a proposed class action lawsuit representing iOS developers.[4] The lawsuit invokes the Sherman Act for redress.[5][3] The lead plaintiff, under the direction of renowned cardiologist Dr. Robert Roberts,[1] designed an application to allow people to declare they had symptoms of the COVID-19 virus, with the results aggregated on a map to illustrate the pandemic spread.[6] Coronavirus Reporter was developed by its team of healthcare and computer science experts in February 2020 to "capture and obtain critical biostatistical and epidemiological data as it happened."[3] It was built before reliable Bluetooth-based contact-tracing had been devised, tested, and released.[6]
The Coronavirus Reporter app, if Apple had not withheld it from the iOS user base, would have served as a communications tool.[4] Users could have reported their COVID-19 symptoms along with their location, their health status, their test results, and whether or not they were in quarantine.[4]
According to legal blog Foss Patents, the lawsuit is "the clearest case of abuse of that monopoly power to have come to light so far" amongst the several lawsuits proceeding against Apple Inc.[4] "The Apple App Store violates antitrust law by disallowing third-party applications using arbitrary and capricious standards meant to camouflage Apple’s own self-interest and growth of their monopolistic trust," the lawsuit asserts[6]
The Coronavirus Reporter differentiates its legal salvo from Epic's antitrust lawsuit against Apple by asserting that it doesn't seek the right to operate any additional app stores.[6] Rather, Coronavirus Reporter demands an injunction preventing Apple from disallowing reasonable, adequate apps that deal with legal subject matter.[6] The Second Amended Complaint specifically identifies the need for an "independent app review" entity to assure "due process" to small developers[7], essentially replacing Apple's in-house review with an arbitration panel not unlike Facebook's court. According to the SAC, it would be the first law enforcement venue solely dedicated to software application code subject matter.
History
The Coronavirus Reporter iOS app was developed in February 2020, before widespread recognition of the COVID-19 pandemic existed.[6] Apple published a notice of a developer rule change on March 14, 2020, citing the need to present credible health and safety information about COVID. In doing so, Apple barred all startup efforts from publishing COVID apps.[7] Only institutions considered "recognized entities" that were "deeply credentialed" were permitted to distribute COVID related apps on the App Store.[3] Coronavirus Reporter appealed both the rule and the App Review team determinations, but Apple is said to have denied the appeal on March 26, 2020.[3]
In 2019, the US Supreme Court ruled in Apple v. Pepper that consumers have the right to sue Apple for monopolizing the sale of apps through its App Store.[6] In arguing to SCOTUS, Apple acknowledged that developers have standing to bring antitrust lawsuits.[7] Coronavirus Reporter argues that barring all startups from COVID relief is a monopolistic and/or monopsony constraint on the app market.[7] "The Apple App Store violates antitrust law by disallowing third-party applications using arbitrary and capricious standards meant to camouflage Apple’s own self-interest and growth of their monopolistic trust," the complaint contends.[6]
References
- ↑ 1.0 1.1 Perlman, Matthew (2021-04-13). "Apple Wants To Be Cured Of Virus App Monopoly Suit". Law360.
- ↑ Dreid, Nadia (2021-01-20). "COVID-19 Tracking App Says It Was Foiled By App Store Ban". Law360.
- ↑ 3.0 3.1 3.2 3.3 3.4 Peterson, Mike (2021-01-19). "Apple denied COVID app to secure contact tracing monopoly, lawsuit claims". Apple Insider.
- ↑ 4.0 4.1 4.2 4.3 Mueller, Florian (2021-01-29). "Coronavirus Reporter complaint against Apple raises serious antitrust issues: Apple's COVID app rule should be declared illegal". Unknown parameter
|url-status=ignored (help) - ↑ Gluckman, Paul (2021-01-21). "Apple Accused of Sherman Act Violations for Disallowing COVID-19 App". Washington Internet Daily.
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 Claburn, Thomas (2021-01-21). "Maker of crowd-sourced coronavirus spread tracker app sues Apple for 'arbitrary and capricious' iOS store snub". https://www.theregister.com/2021/01/21/app_makers_antitrust_lawsuit_seeks/. External link in
|work=(help) - ↑ 7.0 7.1 7.2 7.3 "Second Amended Complaint, Coronavirus Reporter and Five Unnamed Plaintiffs vs. Apple Inc". Unknown parameter
|url-status=ignored (help)
COVID app maker sues Apple, accuses it of monopolistic behaviour
Apple Accused of Sherman Act Violations for Disallowing COVID-19 App
Apple Shouldn't Move Virus App Monopoly Suit, Rival Says - Law360
Apple Wrongfully Barred Covid Tracker App From Store, Suit Says
Coronavirus Reporter and Five Unnamed Apps vs. Apple Inc | App Store (I Os) | Apple Inc.
Motion For Limited Expedited Discovery | Discovery (Law) | Apple Inc.
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