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"What if Facebook never filed? Would Apple never be able to act on this?"

If there wasn't precedent that Apple's TOS venue clause was binding, then the case would have been thrown out as I just previously explained.

"If they would have acted, why didn't they do it before Facebook?"

Because the case would have been dismissed as I just explained.



Before Facebook filed, was there precedent for their TOS?


No, but Apple probably didn't want to spend 4 years litigating the TOS issue prior to ever reaching the merits. There's also the risk that they lose the TOS issue.




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