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posted by janrinok on Thursday February 03 2022, @09:23AM   Printer-friendly

US DoJ, Microsoft and 35 states support an appeal of Epic Games-Apple decision:

In another twist to the Epic Games lawsuit against Apple, the US Department of Justice (DoJ), Microsoft, and 35 state attorneys-general have all submitted legal filings disputing the lawsuit's original ruling from September last year.

The original ruling had sided with Apple on nine out of 10 counts. It found Apple engaged in anticompetitive conduct under California's competition laws, but ultimately it ruled the iPhone maker was not an antitrust monopolist.

The ruling, made by District Judge Yvonne Gonzales-Rogers, came to this conclusion as she found Apple's developer program license agreements were not contracts and other competitors had enough market share in submarkets such as mobile gaming.

That decision is now up for appeal at the Ninth Circuit Court of Appeals, with both Apple and Epic Games filing appeals as neither side were happy with the outcome.

In all the third-party briefs, which were filed over the weekend, the consistent argument that arose was Gonzales-Roger's interpretations of the Sherman Act[*] were too narrow and wrong. The Sherman Act is a US law that was specifically drafted to prohibit anticompetitive behaviour.

[*] Sherman Antitrust Act of 1890


Original Submission

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“You a—Holes”: Court Docs Reveal Epic CEO's Anger at Steam's 30% Fees 15 comments

https://arstechnica.com/gaming/2024/03/you-a-holes-court-docs-reveal-epic-ceos-anger-at-steams-30-fees/

Epic CEO Tim Sweeney has long been an outspoken opponent of what he sees as Valve's unreasonable platform fees for listing games on Steam, which start at 30 percent of the total sale price. Now, though, new emails from before the launch of the competing Epic Games Store in 2018 show just how angry Sweeney was with the "assholes" at companies like Valve and Apple for squeezing "the little guy" with what he saw as inflated fees.

The emails, which came out this week as part of Wolfire's price-fixing case against Valve (as noticed by the GameDiscoverCo newsletter), confront Valve managers directly for platform fees Sweeney says are "no longer justifiable."
[...]
The first mostly unredacted email chain from the court documents, from August 2017, starts with Valve co-founder Gabe Newell asking Sweeney if there is "anything we [are] doing to annoy you?" That query was likely prompted by Sweeney's public tweets at the time questioning "why Steam is still taking 30% of gross [when] MasterCard and Visa charge 2-5% per transaction, and CDN bandwidth is around $0.002/GB." Later in the same thread, he laments that "the internet was supposed to obsolete the rent-seeking software distribution middlemen, but here's Facebook, Google, Apple, Valve, etc."
[...]
The second email chain revealed in the lawsuit started in November 2018, with Sweeney offering Valve a heads-up on the impending launch of the Epic Games Store that would come just weeks later. While that move was focused on PC and Mac games, Sweeney quickly pivots to a discussion of Apple's total control over iOS, the subject at the time of a lawsuit whose technicalities were being considered by the Supreme Court.
[...]
In a follow-up email on December 3, just days before the Epic Games Store launch, Sweeney took Valve to task more directly for its policy of offering lower platform fees for the largest developers on Steam.
[...]
After being forwarded the message by Valve's Erik Johnson, Valve COO Scott Lynch simply offered up a sardonic "You mad bro?"

Email Microsoft Didn't Want Seen Reveals Rushed Decision to Invest in OpenAI 9 comments

https://arstechnica.com/tech-policy/2024/05/email-microsoft-didnt-want-seen-reveals-rushed-decision-to-invest-in-openai/

In mid-June 2019, Microsoft co-founder Bill Gates and CEO Satya Nadella received a rude awakening in an email warning that Google had officially gotten too far ahead on AI and that Microsoft may never catch up without investing in OpenAi.

With the subject line "Thoughts on OpenAI," the email came from Microsoft's chief technology officer, Kevin Scott, who is also the company's executive vice president of AI. In it, Scott said that he was "very, very worried" that he had made "a mistake" by dismissing Google's initial AI efforts as a "game-playing stunt."

[...] As just one example, Scott warned, "their auto-complete in Gmail, which is especially useful in the mobile app, is getting scarily good."

Microsoft had tried to keep this internal email hidden, but late Tuesday it was made public as part of the US Justice Department's antitrust trial over Google's alleged search monopoly.

[...] In an order unsealing the email among other documents requested by The Times, US District Judge Amit Mehta allowed to be redacted some of the "sensitive statements in the email concerning Microsoft's business strategies that weigh against disclosure"—which included basically all of Scott's "thoughts on OpenAI."

[...] Mere weeks later, Microsoft had invested $1 billion into OpenAI, and there have been billions more invested since through an extended partnership agreement. In 2024, the two companies' finances appeared so intertwined that the European Union suspected Microsoft was quietly controlling OpenAI and began investigating whether the companies still operate independently. Ultimately, the EU dismissed the probe, deciding that Microsoft's $13 billion in investments did not amount to an acquisition, Reuters reported.

Judge Finds Google Destroyed Evidence and Repeatedly Gave False Info to Court 19 comments

https://arstechnica.com/tech-policy/2023/03/judge-finds-google-destroyed-evidence-and-repeatedly-gave-false-info-to-court/

A federal judge yesterday ruled that Google intentionally destroyed evidence and must be sanctioned, rejecting the company's argument that it didn't need to automatically preserve internal chats involving employees subject to a legal hold.

"After substantial briefing by both sides, and an evidentiary hearing that featured witness testimony and other evidence, the Court concludes that sanctions are warranted," US District Judge James Donato wrote. Later in the ruling, he wrote that evidence shows that "Google intended to subvert the discovery process, and that Chat evidence was 'lost with the intent to prevent its use in litigation' and 'with the intent to deprive another party of the information's use in the litigation.'"
[...]
After yesterday's ruling against Google in the Northern California federal court, a US Department of Justice attorney submitted a notice of the sanctions to the DC-based court. Google is fighting the request for sanctions in that case, too.

Related:
US DoJ, Microsoft and 35 States Support an Appeal of Epic Games-Apple Decision (20220202)
Google's Antitrust Case Won't Go to Trial Until Sept. 2023 (20201221)
Google Reportedly Could be Hit With Second Antitrust Lawsuit This Week (20201217)


Original Submission

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  • (Score: -1, Troll) by Anonymous Coward on Thursday February 03 2022, @09:41AM (5 children)

    by Anonymous Coward on Thursday February 03 2022, @09:41AM (#1218194)

    It has come to my attention that IRC is no longer functional, as rouge English operators have taken over, and are shadow kicking and muting and doing all sorts of nasty Brit stuff in the channels. Be forewarned.

    • (Score: 5, Touché) by janrinok on Thursday February 03 2022, @10:25AM (4 children)

      by janrinok (52) Subscriber Badge on Thursday February 03 2022, @10:25AM (#1218199) Journal

      We promise to stop wearing rouge - can I keep my eyeliner and lipstick please?

      English operators

      English speaking operators. Some are American, some are Irish, and so on...

      --
      [nostyle RIP 06 May 2025]
      • (Score: 0) by Anonymous Coward on Thursday February 03 2022, @10:41AM (3 children)

        by Anonymous Coward on Thursday February 03 2022, @10:41AM (#1218201)

        "English" is an ethnic group in Britain, as are Irish, Scot, and Welsh.

        • (Score: 0) by Anonymous Coward on Thursday February 03 2022, @10:45AM (2 children)

          by Anonymous Coward on Thursday February 03 2022, @10:45AM (#1218203)

          We normally just call 'em pommy shite.

  • (Score: 0) by Anonymous Coward on Friday February 04 2022, @01:21AM

    by Anonymous Coward on Friday February 04 2022, @01:21AM (#1218508)

    you mean like buying game companies like Blizzard and others?

  • (Score: 2, Insightful) by rickatech on Friday February 04 2022, @02:22AM (1 child)

    by rickatech (4150) on Friday February 04 2022, @02:22AM (#1218524)

    So it seems to me that some customers (like me) prefer a locked App Store that keeps malware and bad actors at bay from the centralized management of the device manufacturer.

    Under some circumstance I might want an unlocked mobile device to install an alternative OS on and manage it myself, or through another vendor ... but I wouldn't want that option to preclude me being able to use the device in the manufacturer's locked down mode.

    iPhones are sought after precisely because the loadable apps and user experience in curated ... and that should NOT be illegal. Proprietary software is not illegal, open source has it's benefits but it should not make the former illegal. Allowing customers to self repair and load other operating systems should be allowed for hobbyists and technical crowd, but the large popularity of the proprietary mobile OS and centrally managed app store is a public good for many and should not be limited by government.

    When it comes to buying content subscriptions and other non-application assets (e.g. Netflix, ...), there is no compelling reason for device manufactures to own/limit that unless some other form of illegal activity is involved.

    • (Score: 2) by Demena on Friday February 04 2022, @07:03AM

      by Demena (5637) on Friday February 04 2022, @07:03AM (#1218580)

      People also forget that if you have the source code to an app you can compile and install it without going through the App Store. On an iPad there are at least two applications that allow you to write your own apps. NB. I have not yet tested them

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