Re: Who gets the money?
"putting a cookie on a browser doesn't constitute a monetary damage to the owner or user of the iphone."
They're trespassing on the phone. If someone were to trespass on your land by parking their car on your drive you'd probably feel you had cause to sue them for trespass. At the very least you're suffering damage in that if they'd asked for your agreement you could have charged rent and that amount has been lost to you. In this case they're occupying storage, processing on the phone and traffic on airtime. That's even before we get to the value of the data gathered. And that's only monetary damage which seems to be the only form you recognise. Maybe you don't consider the loss of privacy as a damage; why not?