Blix Inc. v. Apple Inc., 2019–2020
Apple pulled BlueMail from the Mac App Store. It took 249 days to get it back.
In June 2019, days after announcing a sign-in feature that Blix says copies its patented technology, Apple removed BlueMail from the Mac App Store. Over the next eight months it gave six different reasons BlueMail could not return. This is the record of what Apple said, how we answered, and what finally worked.
- BlueMail removed from the Mac App StoreApple removes BlueMail from the Mac App Store.
- Blix files suitBlix files suit against Apple in Delaware federal court.
- Open letter to Tim CookBlix writes an open letter to Tim Cook. Apple replies within hours.
- Apple’s letter of explanationsApple’s letter cites duplicate apps, archiving and Catalina compatibility.
- Call for unityBlix issues a call for unity to Apple’s developer community.
- BlueMail restoredApple approves the update. BlueMail is back on the Mac App Store.
Six explanations. Each one replaced the last.
Apple answered our open letter within hours. Then, until February 2020, every reason it gave for keeping BlueMail out was dropped for a new one, often contradicting Apple’s own documentation.
Read the full account- I
The appeal button
AppleWe should have clicked a button to appeal.
Our answer. No appeal option was offered when BlueMail was removed, and Apple knew we were already contesting it in federal court.
- II
Spam
Apple, December 10, 2019Duplicative apps “create clutter, diminish the overall experience for the end user, and reduce the ability of developers to market their applications.”
Our answer. BlueMail and TypeApp are not duplicates, TypeApp had already been removed, and many apps that fit Apple’s definition stay on the store.
- III
Archive
Apple, December 10, 2019… your client must archive TypeApp, thereby permanently removing it from the MacOS App Store.
Our answer. There is no archive button. We removed TypeApp on May 23, 2019 using Apple’s documented “Remove from Sale”.
- IV
macOS Catalina
Apple, December 10, 2019… resubmits the BlueMail app in a format compatible with the latest version of MacOS Catalina …
Our answer. BlueMail was removed on June 7, 2019. Catalina shipped on October 7. And BlueMail runs on Catalina.
- V
Notarization
App Review, December 10, 2019When we install your app on an iMac running macOS Catalina 10.15.1, the app does not run.
Our answer. Apple’s documentation says Mac App Store apps need no notarization. Apple agreed in writing on January 25, 2020.
- VI
Hardened runtime
Apple, January 28, 2020Unsigned executables are not permitted to launch under a hardened runtime environment …
Our answer. The Mac App Store requires App Sandbox, not the hardened runtime. Apple raised it three days before its own deadline.
February 11, 2020
Restored. No notarization. No hardened runtime.
What changed was public pressure. A week after our call for unity to Apple’s developer community, BlueMail was back on the Mac App Store.
How it ended
The same app, overnight.
On September 9, 2019, The New York Times showed that Apple’s own apps topped App Store search for hundreds of terms. On September 26, BlueMail jumped from #143 to #13 for “email” on the iPhone. Yandex Mail jumped from about #160 to #32 the same day.
Nothing about either app had changed.
See the Sensor Tower dataHow App Store search was tilted.
The removal was one cut. Our amended complaint describes a thousand more, all favoring Apple’s own default apps over the alternatives.
Apple Mail shows no stars, so it never carries a bad review.No rating1.7/5The rating of the mail app Apple chose to feature as an alternative to its own.“Apps and Games We Love”<5%of the screen went to BlueMail when you searched for “BlueMail”.App Store layout
An Apple-picked list of email apps above the results, essentially unchanged for two years.Stories17to38pre-installed iPhone apps, 2007 to 2020, with no way to choose a different default.Apple’s default apps#13BlueMail’s new rank for “email” days after the Times story. It had been #143.September 26, 20191way to put an app on an iPhone, controlled by a company that competes with every app in it.The iOS App StoreThe thousand cuts, from search to ratings to defaults.Read the overviewThree years later, it happened again.
In February 2023 Apple held up a BlueMail update with ChatGPT-powered email writing, asking for content filtering or a 17+ age rating. The same update had already been approved on Google Play. The Wall Street Journal broke the story on March 2, and that evening Apple approved the update without changes.
“Your app includes AI-generated content but does not appear to include content filtering at this time.”
Our answer. BlueMail already filters content, and many other ChatGPT-style apps on the App Store carry no age restriction at all.
Approved. No changes, still rated 4+, hours after the story ran.
Chronology.
- Apple
- Blix
- Press
- Patent board
- Government
2019
- Blix
- Apple
At WWDC, Apple announces “Sign in with Apple”, which Blix says copies its patented anonymous sign-in technology.
- Apple
Apple removes BlueMail from the Mac App Store.
- Apple
Apple features Airmail Zero, rated 1.7 out of 5, under “Apps and Games We Love Right Now”.
- Press
- Apple
With no change to the app, BlueMail jumps from #143 to #13 for “email” in iOS search.
- Blix
Blix files suit against Apple in Delaware federal court.
- Apple
Apple releases macOS Catalina, four months after removing BlueMail.
- Blix
Blix writes an open letter to Tim Cook. Apple replies within hours.
- Apple
Apple’s letter cites duplicate apps, archiving and Catalina compatibility.
- Blix
Blix sends App Review step-by-step instructions for running BlueMail on Catalina.
- Press
The Washington Post and Business Insider report on the amended complaint.
2020
- Apple
Apple concedes in writing that Mac App Store apps do not need to be notarized.
- Apple
- Blix
Blix issues a call for unity to Apple’s developer community.
- Blix
Blix submits an updated BlueMail that does not address the notarization or hardened runtime demands.
- Apple
Apple approves the update. BlueMail is back on the Mac App Store.
- Blix
- Blix
- Apple
Apple asks the Patent Trial and Appeal Board to cancel all 38 claims of Blix’s ’284 patent.
- Government
The House antitrust subcommittee’s report on digital markets cites Blix’s case against Apple.
- Government
- Government
2021
In the press.
- The Washington PostApple sued by app developer for alleged patent infringement, antitrust violationOctober 4, 2019
- AppleInsiderDeveloper of BlueMail sues Apple over ‘Sign in with Apple,’ App Store ‘monopoly’October 4, 2019
- Patently AppleApple has been sued by Blix, owner of BlueMail, for patent infringement and illegal monopolizationOctober 5, 2019
- Bloomberg LawApple’s app maker lawsuit could be start of more legal troubleOctober 11, 2019
- The Washington PostApple suppressed competitors in its App Store — until it got caught, a lawsuit allegesDecember 20, 2019
- Business InsiderAn app developer is accusing Apple of quietly changing the way it ranks apps in the App StoreDecember 20, 2019
- Financial TimesBlix calls for developers to revolt against AppleFebruary 2020
- The Wall Street JournalApple blocks update of ChatGPT-powered app, as concerns grow over AI’s potential harmMarch 2, 2023
- The Wall Street JournalApple approves ChatGPT-powered app after assurance of content moderationMarch 3, 2023
- ReutersApple blocks update to email app with ChatGPT tech – WSJMarch 2, 2023
- CNBC-TV18Apple blocks update to email app with ChatGPT tech: Wall Street JournalMarch 2, 2023
- PCMagApple blocks ChatGPT-powered feature planned for iOS app BlueMailMarch 2023
- CNBCApple crackdown on ChatGPT apps unlikely, but it could impose new rules down the roadMarch 3, 2023
- Business StandardApple blocks email app BlueMail that uses ChatGPT technology; know why hereMarch 3, 2023
- WIREDApple reins in ChatGPT-powered appsMarch 4, 2023
- CNBC TelevisionApple pushing back on A.I. with BlueMail app update block (video)March 2023
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