Ok, instruct is probably a bad term, I know what you mean. What Apple can do is promise to indemnify the individual developer for any out of pocket expenses above and beyond the initial settlement offer, as long as the developer chooses to use the free legal defense apple would provide, and not settle the case.
If the lawyer and the developer, for what ever reason, decide that it's best to settle, it's fine, in that case the developer would have to pay out of pocket for the settlement, but they would be no worse off, and they would get a free attorney helping them in either case.
For apple this arrangement would be relatively inexpensive, as long as they hire a nation wide firm. Since the causes of action in each case are exactly the same, the defense would be exactly the same, same expert opinions, same motions, etc. For developers that publish to both Google Play and App Store, it's only fair if google would kick in 1/2 the costs, but if they do not, then it would be a huge PR win for apple. Basically, they would be saying, develop with us, and we will take care of you.
If the lawyer and the developer, for what ever reason, decide that it's best to settle, it's fine, in that case the developer would have to pay out of pocket for the settlement, but they would be no worse off, and they would get a free attorney helping them in either case.
For apple this arrangement would be relatively inexpensive, as long as they hire a nation wide firm. Since the causes of action in each case are exactly the same, the defense would be exactly the same, same expert opinions, same motions, etc. For developers that publish to both Google Play and App Store, it's only fair if google would kick in 1/2 the costs, but if they do not, then it would be a huge PR win for apple. Basically, they would be saying, develop with us, and we will take care of you.