Is Spotify abusing its dominant position?

[ankerbachryhl]

Since 3pm yesterday the Spotify Web API has stopped working on the
authorization endpoints. The only error returned is a 400 error code with no
attached error description. Since I’m using Spotify as the only
authentication method in my app, it’s crashing for all users. Nobody can
sign in or sign up. The Spotify error means that I am losing important
business opportunities laying in front of me right now. At the same time I see developers posting about their frustrations with the ios sdk and how issues are pilling up. 

I have for the past 15 hours been trying to get in touch with your developer
support. There has been no response on Twitter or the Developer Community
Board. All of my reports have been completely ignored. I have tried
contacting @SpotifyCares on Twitter, since that is the only other support
platform I have been able to find. They are the only ones who have
responded, but only by telling me to send a  message to the developer
platform on Twitter. Which I have done but without receiving any answer. In
fact, I can by looking through Twitter observe that the last time somebody
asked a question, it took the developer platform on Twitter 8 days to
respond and this without even resolving the problem.

In 8 days my company will likely have lost any chance of successfully
entering the Danish market. Thus, the Spotify error is very critical to my
company and I find the lack of willingness to cooperate to fix the problem
extremely frustrating. I hope therefore that you understand why I am
reaching out to you in this way.

I have contacted my lawyers who have told me that the delays and lack of
willingness to fix the problem constitute as such a competition law
infringement. The competition law problem being that Spotify is thereby
leveraging its dominant position on the market for music servicers to other
nearby or downstream markets (cf. the Microsoft judgment rendered by the
Court of Justice of the EU).

For this reason also I hope that you will take action to fix the problem.
Quickly!

[BagJason · Accepted solution]

So... Anker, allow me to understand this...

You're building a product whose service depends on Spotify services. These services are not behaving as you'd like and you're having technical issues. Your reaction because things have broken within the last couple of days and you haven't (in your opinion) received timely support is to "contact your lawyers" and insinuate that Spotify is abusing their position in the market?

Let me ask, are you paying Spotify for a support contract? Do you have a Service Level Agreement with them?

I imagine that you're using the Spotify Developer Tools and as such, understand that to use them you've agreed to the Terms Of Service, in particular section 8 which reads as follows...

Subsection 2;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPOTIFY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SPOTIFY SERVICE, SPOTIFY CONTENT, OR THE SPOTIFY PLATFORM, INCLUDING ANY DAMAGES RESULTING THEREFROM, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Subsection 4a;

ANY USE OF THE SPOTIFY PLATFORM IS AT YOUR OWN RISK. THE SPOTIFY PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE SPOTIFY PLATFORM, SPOTIFY SERVICE OR SPOTIFY CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY IN THIS REGARD.

I recommend you re-evaluate your stance on asking for support. Threatening legal action will make both the Spotify development team and other users resent you resulting in less inclination to help.