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When you say "Publishers can either abide by Apple?s rules and develop an approved app for the App store or take the HTML5 route and develop an iPad experience that?s based in its browser." I have to ask why on earth you would want to go the "app" route. If you go the "HTML5/browser" route you instantly open your subscriber base to all platforms rather than the limit yourself to the iPad/iPhone market. There are other tablets/media consumption devices out there and using the browser route makes your subscription available to all platforms without having to pay the "30% Apple tax."
ie8 fix

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