850 billion reasons why Apple and others are not risking with TikTok

This week has been a very volatile experience for TikTok. While some news headlines report that TikTok is back and imply that the problem has been resolved, this is not entirely the case.

The app was removed from Apple's App Store, as well as from the app stores managed by Google, Amazon, and Microsoft. None of those companies have restored it...

A Timeline of Weekend Events

Friday, the Supreme Court of the United States confirmed the law that imposes a ban on TikTok in the United States. This means that the ban will come into effect on January 19th.

Biden's administration issued an instruction stating that they do not intend to attempt to apply the law in its last 24 hours at the White House, so it would be up to Trump to decide.

Trump initially declared that he needed time to consider the issue, and TikTok went offline in the United States on Sunday. Trying to open the app, a message said that Trump was expecting to resolve the problem when he took office.

Sorry, TikTok is not available at the moment. A law that prohibits TikTok has been approved in the United States. Unfortunately, this means that for now you cannot use TikTok. We are fortunate because President Trump indicated that he intends to work with us to find a solution to restore TikTok once he takes office. Please listen!

Apple issued a statement saying that it was obligated to follow the law by removing the app from the App Store.

The following Sunday, Trump posted a message on social media saying that he would suspend the ban as soon as he took office the next day and that there would be no responsibility for ignoring the law during that period.

I am asking companies not to allow TikTok to remain hidden! I issue an executive order on Monday to extend the period before the decrees take effect so we can conclude an agreement to protect our national security. The order will also confirm that there will be no responsibility for any company that has contributed to the liabilities of Oracle and its content distribution network.

When they say 'ruinous', they really mean it. The law allows app stores to be fined up to $5,000 per user, which could amount to $85 billion. Even for a company as large as Apple, that would be a truly massive blow.

Many legal experts mentioned on Daring Fireball have indicated that it is not even clear whether Trump has the power to protect businesses from legal liability.

These "service providers" [aka Oracle and its content distribution network partner] have lost their minds. There is no guarantee that Trump, who is not even president yet, can provide. I am excited about the actions of the shareholders — Oracle is rapidly accumulating billions of dollars in liabilities.

Apple made the right choice.

Maybe Trump has legal power to provide immunity from liability for an action taken when he was not even president; maybe he doesn't. Maybe his word can be trusted; maybe it can't. None of the app providers are willing to take this risk, and that is absolutely the right decision.

Apple does not threaten to really annoy its customers. Everyone knew what was going to happen, so anyone who wanted the app and already had a copy on their device would have downloaded it before.

Maybe Apple risks obscuring Trump, but Tim Cook's donation of millions and his absence at the inauguration probably mitigate this risk. The iPhone factory can certainly afford to wait and see how this situation unfolds in the coming days.