A developer’s lawsuit against Apple over App Store clones and scams has been allowed to proceed, with a court allowing a trial on some of the claims. The lawsuit, originally filed by FlickType Apple Watch keyboard developer Kosta Eleftheirou in March 2021, alleges that Apple enables crooks to submit fake clones to the App Store and use fake screenshots to unfairly profit — and revolves around Suspicious behavior whose app was rejected.
In Monday’s filing, Eleftheirou will usher in his court date. The filing accuses Apple of multiple issues ranging from breach of contract and false advertising to unfair competition, fraud, negligence and negligent misrepresentation. Apple tried to dismiss the case in its entirety, without success.
Santa Clara County Superior Court Judge Peter H. Kirwan in California reviewed the claims and ruled on each. The lawsuit was able to proceed as some of the complaints were deemed valid.
The court dismissed Apple’s objections to three causes of action involving false advertising and unfair business practices, as well as breach of contract claims. Apple’s objections to negligence, negligent misrepresentation, and fraud were established, and Eleftheirou was allowed to amend.
Eleftheirou’s complaint is that the crooks could copy the idea of his app and create enough clones to be accepted by the App Store. Using screenshots and videos for promotion, coupled with fake ads, users are persuaded to download and pay for fake apps, but ultimately it doesn’t work.
Since users were tricked into using these apps, they didn’t spend money on Eleftheirou’s apps, which cost them money. Others say Apple isn’t doing enough to deal with the deceptive apps because it has no incentive to do so — making a profit whether an app is genuine or not.
Eleftheirou also said that Apple approached him to acquire FlickType, but after negotiations failed, the app was suddenly rejected in the App Store. This, the developer said, kept him out of the competition, while deceptive apps were allowed to thrive.
In September, Apple told AppleInsider that it denied the claims against FlickType because it was initially banned due to old rules about the Apple Watch keyboard. The rules were revised in 2019, which allowed FlickType to enter stores.
Eleftheriou disputed Apple’s description of the incident, insisting that the app was rejected in 2019 after it was shown to the Apple Watch team.
“Apple has been profiting massively from their App Store monopoly, by restricting developers’ ability to freely do business directly with their users,” Eleftheriou told TechCrunch. And they will only become more reckless. I now look forward to presenting my case, and I am sure the court will see what Apple does.”