Apple’s statements about its developer program in the Epic trial

I was reading Apple’s August 13 court filing in the Epic trial, helpfully hosted by 9to5Mac, and I was surprised by a statement Apple made about its developer program: Unlike cost-only based commissions, Apple’s revenue-based commissions incentivize continued investment. Apple charges developers a $99 annual fee for the Apple Developer Program. May 17, 2021 Trial Tr. at 2762:21–2763:13. This modest fee—designed to prevent fraud and expressly not intended to compensate Apple for the use of its IP-protected tools, technologies, and services (id.)—allows developers to build apps using Apple’s offerings and deliver experiences to iOS and iPadOS users worldwide. See, e.g., Meyer Rpt. ¶¶ 42, 51–52. The annual developer fee is nominal. Apple relies on percentage-based commissions to recoup and profit from its investments. See id. ¶¶ 87–93. Apple is incentivized to invest in IP- protected tools, technologies, and services that generate revenue for developers (and benefit users). And,…