Itβs simple, says the SpaceX boss β according to something called the βKardashev scaleβ, we just have to move energy production βoff-planetβ
Next time the weather gives the UK 61 days without rain and we wonder idly if this is the end, there is a term we may whistle up to soothe us. Like murmuring the rosary, or putting our fingers in our ears and humming, this phrase is to be mumbled on repeat β βthe Kardashev scale, the Kardashev scaleβ β a buzzy concept in tech, much favoured by Elon Musk, and precisely the thing weβve been waiting for. The Kardashev scale is the answer both to our impending doom and our anxiety around it β and if we decide to believe in it, we wonβt have to give the climate crisis a single thought until the last drip falls from the tap.
This is the idea and itβs a familiar one to anyone who has watched tech billionaires take intractable, commonplace crises and decide that, among the measures and proposals in play, the vital missing ingredient so far has been them. Do you remember when Jeff Bezos, rather than doing something quotidian and loserish like funding public education by ensuring Amazon pays the same tax rate as regular Americans, decided instead to reinvent preschools?
Apple has again failed to earn a stay for fee calculations in its ongoing legal fight with Epic Games. Apple's case will be heard by the Supreme Court in the term that begins in October, and Apple asked the U.S. District Court for the Northern District of California to pause proceedings until then, but the court said no [PDF].
U.S. Supreme Court Justice Elena Kagan today granted Apple a one-day stay in its legal fight with Epic Games, giving Apple more time to outline the fees it wants to charge developers for linking out to purchase options on the web.
Apple tried to freeze the entire thing while they appealed to the Supreme Court β and the Supreme Court denied the freeze. But they didnβt deny hearing the case β yet. Thatβs why theyβre pausing the proceedings for now (after Judge Gonzalez Rogers denied the same request), while they weigh Appleβs appeal. But before they do that, theyβre basically likely to decide today β again, it was just a 24-hour delay β whether they should grant a longer stay. Presumably if the court thinks theyβre unlikely to hear Appleβs appeal, they may not grant that longer stay. Or if they think Apple filing their number wonβt harm their business, theyβll let it proceed. But Apple will argue that if the longer stay isnβt granted, it will cause major harm to their business because again, it will effectively end the App Store cut as we know it.
Apple today submitted a court-ordered proposal outlining the commission it believes is reasonable to collect from U.S. apps that link to purchase options outside of the App Store.
Apple is asking for half of its commission on standard apps, so apps that would pay 30 percent for an in-app purchase would pay 15 percent when linking to a web purchase option. Small Business Program participants that would normally pay 15 percent would pay 5 percent.
[β¦]
The appeals court suggested the commission could be limited to the direct costs of facilitating link-outs, and under that approach, the fee would be zero. Apple says a zero commission would not reflect the value that it provides developers, and its suggested commission gives it fair compensation for the App Store platform.
[β¦]
The district court will now evaluate Appleβs fee proposal and hear a response from Epic Games , and Apple will need to implement the fee the court sets.
Unlike cost-only based commissions, Appleβs revenue-based commissions incentivize
continued investment. Apple charges developers a $99 annual fee for the Apple Developer
Program. May 17, 2021 Trial Tr. at 2762:21β2763:13. This modest feeβdesigned to prevent fraud
and expressly not intended to compensate Apple for the use of its IP-protected tools, technologies,
and services (id.)βallows developers to build apps using Appleβs offerings and deliver experiences
to iOS and iPadOS users worldwide.
The annual developer fee is nominal. Apple relies on percentage-based commissions to
recoup and profit from its investments. See id. ΒΆΒΆ 87β93. Apple is incentivized to invest in IP-
protected tools, technologies, and services that generate revenue for developers (and benefit users).
[β¦]
Dr. Carlton explains that βreduc[ing] Appleβs incentive to invest and provide the technology and services that benefit users and developersβ would harm users and developers, as well as Apple.
I like the part where Appleβs expert argues that its normal commission rates are so high that it would still be profitable for developers to pay the proposed linking commissions on top of what they would pay to Stripe or Paddle. In other words, paying Apple for βIPβ almost twice what it admits the other companies charge for βfull-service, turnkey payment processing.β
If the point [of the $99] is just to prevent fraud, why do we need to keep paying $99 yearly FOREVER? Is 10 years not enough to prove Iβm not a fraud?!?
If the fee doesnβt help pay for Apple IP, then itβs even more blatantly unfair that a minority of apps have to pay for ALL apps to access Apple IP. Free apps, no matter how big or how much $ they make via ads, get access to Apple IP from OUR REVENUE CUT, and not even their $99 counts.
Thatβs what that enormous hardware margin from customers is already supposed to be paying for β Apple IP! In the early 00βs, I gladly paid the βApple taxβ (PowerBook G4) to get access to the Mac OS X software/ecosystem, including all the Unix and dev tools. Iβm not sure why anyone thinks that double-dipping is fine on all the non-Mac platforms, App Store or not.
Schillerβs [previous] testimony about the previous program is extremely misleading, because the new program began in 2008 at the same time as the App Store, so there was no previous iOS developer program, and Mac Developer ID did not begin until 2012, so Apple Developer Program membership was not actually required to distribute Mac apps!
I want to quote another remarkable passage from Schillerβs testimony, again with questions from Appleβs own lawyer.
Q. And Mr. Jobs says, βAnd also just to make it a little
clearer, we donβt intend to make money off the App Store. I
mean, we donβt make a lot of money off iTunes, and the split
with the music companies is about the same, so in the case of
the iTunes Music Store, we give all the money to the content
owners, and we are basically giving all the money to the
developers here. And if that 30 percent of it pays for
running the store, well, that will be great, but we just want
to create a very efficient channel for these developers to
reach every single iPhone user.β
Is that a statement that Mr. Jobs made back in March 2008?
A. He did.
[β¦]
I wonβt quote the following passage in which Schiller testifies about his internal email suggesting that Apple limit itself to $1 billion per year in profit from the App Store, hand-waving away the suggestion as merely βspurring conversation.β Of course the email also seems to contradict Schillerβs (absurd) testimony that Apple does not specifically calculate profit from the App Store, only company-wide profit. Appleβs public financial statements also appear to contradict Schillerβs claims.
On the same day, Apple submitted another motion, asking Judge Gonzalez Rogers to order the parties to attend a settlement conference.
[β¦]
Epic has now responded to Appleβs motion, stating that although the company βhas been, and remains today, willing to entertain any direct approach from Apple with a serious settlement proposal that would introduce competition and benefit all developers,β it βdoes not believe the prospects of such settlement would be meaningfully advanced through referral to a settlement conference at this juncture.β
In addition to the proposal itself, Apple submitted supporting expert reports, alongside a request to seal portions of those filings containing financial data, link-out adoption estimates, developer survey results, and other information Apple considers commercially sensitive.
Epic has now filed an opposition to Appleβs request, arguing βApple again seeks to conceal information from the public and unnecessarily hamper proceedings.β
As Tim Cook hands the reins to hardware engineering chief John Ternus in September 2026, the company faces its biggest leadership transition in 15 years. While Cookβs tenure delivered massive revenue growth and operational excellence, many former employees and analysts say Apple has lost the product-first, risk-taking design culture that defined the Jobs years. Fortune explores whether Ternus can shift the company from steady iteration back to true innovation.
Matthew Rogers remembers Appleβs scrappy days when, as an engineer fresh out of college, he could debate ideas directly with Steve Jobsβ¦ βI was 23, 24 years old, and I interacted with Steve Jobs. Thatβs crazy, right? But thatβs the organization he ran,β Rogers told Fortune from his Silicon Valley office (he now runs food-recycling startup Mill).
Back then, Appleβs hierarchy was much flatter. What made Apple special, he said, is that Jobs surrounded himself with consumer-minded product leaders who were expected to argue. The mandate was to build βthe best thing out thereβ and take real risks. Some of Appleβs most iconic products came out of a skunkworks team across the street from the main office.
That much-mythologized era continues to shape β and perhaps burden β Apple as it navigates its biggest leadership transition in 15 years. Somewhere along the way, Apple lost a part of its design and product magic, Rogers and several former design and hardware employees, investors, and analysts said. The September handoff from Tim Cook to incoming chief executive John Ternus, who currently leads hardware engineering, has Rogers and other longtime Apple watchers wondering: Can the company reclaim its product-first soul?
Rogers, who also cocreated smart home company Nest with former Apple executive Tony Fadell, said Ternus now faces a defining test. βIβll put it this way,β he said. βHe has a tall task, but a big opportunity.β
Under Tim Cook, Apple systematically strayed from Steve Jobsβ core vision. Product Design, the very soul of the company Jobs rebuilt, was demoted, sidelined, and subordinated to operations, supply-chain efficiency, and services revenue. The result? Fifteen long years of polished, but profoundly boring iteration: thinner bezels, faster chips, incremental camera bumps, and endless βProβ variants that rarely moved the industry forward the way the original iPhone, iPad, or even the aluminum unibody MacBooks once did.
Jobs put Design at the absolute top of the food chain. Jony Iveβs group wasnβt a service department; it was the engine. Cook flipped the hierarchy. Hardware engineering, operations, and finance called the shots (poorly; witness Luca Maestri famously rejecting calls to invest in AI early on which is why heβs now sidelined). Design became reactive instead of directive. The Vision Pro launched as an impressive, but overpriced, underbaked curiosity. After billions spent, the Apple Car evaporated. True category-defining leaps simply did not happen.
Now comes John Ternus, a product person, a hardware guy who has spent his career shipping actual devices rather than optimizing margins. Early signals are encouraging: bringing trusted hardware lieutenants back into the fold and already embedding himself with the industrial design group. That is exactly the right instinct.
If Ternus moves quickly to restore Design to its rightful place at the apex of Appleβs decision-making, the company might finally escape the long, comfortable, lucrative mediocrity of the Cook era. Apple doesnβt need another fifteen years of safer, prettier, or just different iterations. It needs the return of products that make people stop, stare, and rethink what a computer in their pocket, on their wrist, or on their face can be.
The hardware engineer is about to become CEO. The question is whether he has the will β and the authority with Cook looming as Executive Chairman β to put Design back on top where Jobs left it. The next few years will tell us if Apple can innovate againβ¦ or if the iteration treadmill simply continues under a new CEO.
Fingers crossed!
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