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Comment by ajross | Hacker News Reader

If Apple is "instructing" that firm, then they aren't representing their clients' interests correctly. That sort of relationship is actually very hard to manage in the courts, which is why it's quite rare (and usually limited to true pro bono work by established non-profits).

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Ok, instruct is probably a bad term, I know what you mean. What Apple can do is promise to indemnify the individual developer for any out of pocket expenses above and beyond the initial settlement offer, as long as the developer chooses to use the free legal defense apple would provide, and not settle the case.

If the lawyer and the developer, for what ever reason, decide that it's best to settle, it's fine, in that case the developer would have to pay out of pocket for the settlement, but they would be no worse off, and they would get a free attorney helping them in either case.

For apple this arrangement would be relatively inexpensive, as long as they hire a nation wide firm. Since the causes of action in each case are exactly the same, the defense would be exactly the same, same expert opinions, same motions, etc. For developers that publish to both Google Play and App Store, it's only fair if google would kick in 1/2 the costs, but if they do not, then it would be a huge PR win for apple. Basically, they would be saying, develop with us, and we will take care of you.

> If Apple is "instructing" that firm, then they aren't representing their clients' interests correctly.

Sorry to pick on just one phrase of your comment but I'm honestly curious. How is the "not-representing the client's interests" thing a problem inside a court? Is it because the other side or the court will pick on it, or is it because it honestly does not represent a client's interests[0]?

[0] In this case, I can't imagine an app. developer not wanting help dealing with this specific problem, but I've never been in that position.

> "Instruct the lawfirm to never settle"

I automatically made the association in my mind that not only would they defend you, they'd fund the thing. Thanks for making my misunderstanding obvious :)

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