Brian Fung | @[email protected]

Brian Fung | @[email protected] @b_fung

Apple’s response is, it’s getting the same customer complaints Epic is — and that Epic is the one that breached the contract. But the judge says it “looks like overreach” and “retaliatory” for Apple to try to take Epic’s breach and to use that to revoke ALL development access. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Epic’s defense is that it has decided to cease "complying with an anticompetitive contract. That is the sin we committed. Did we know what we were doing? We did, Your Honor. We understood that in order to have this fight with Apple, it had to be a big fight." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@byedolly @BenBajarin The Zoom link is available on the court website here: https://t.co/J64Nx3RVbJ — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

The judge says: “This was not an insignificant breach. Hence the reason we are here.” Oof. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Not sure how effective that argument will be given the judge already seems to agree with Apple that Epic brought this on itself. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Epic’s lawyer says the company has been getting “consumer complaints every single day that users are quitting” and customer service requests for what sounds like refunds but that "we don’t control the customer service relationships with these customers” — Apple does. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

The companies have now begun their arguments. Turning to Epic’s lawyer, the judge says: “Your client created the situation… it doesn’t come to this with clean hands but, you know, strategically and in a calculated move, decided to breach [its contract with Apple]." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Epic and Apple are arguing for and against a temporary restraining order before Judge Gonzalez Rogers. “I can tell you right now I am inclined to not grant relief with respect to the games, but I am inclined to grant relief with respect to the Unreal Engine,” she says. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@apbenven Okay, let’s make a pact together to eat lunch earlier, deal? — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@apbenven lol stop it — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@apbenven Thirteen-year-old me would be so impressed. Today I managed to make myself a sandwich for lunch at 4 pm. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

In case anyone needs it, here’s a link to the complaint: https://t.co/ru4j0GneyQ — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

The complaint says Trump’s EO was issued without due process and "for political reasons”—not due to an "'unusual and extraordinary threat’ to the United States, which is a condition for the President to exercise his authority under the International Emergency Economic Powers Act" — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Aaaand TikTok’s complaint is live: https://t.co/7lYcq8ePNq — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

I’m going over again what Apple filed in the Epic case, and I couldn’t help but chuckle at this. Apple invests massively in the app review process, which is tough and rigorous and awesome! Also, Epic nastily inserted rogue code that we completely missed! https://t.co/3AUbjjvXVC — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Wirecutter’s list of crap you don’t need is fun and good in these trying times https://t.co/HWg0Ezx7Ji — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

TikTok’s complaint is still not available yet on PACER but there is now a docket. The case is TikTok Inc. et al v. U.S. Department of Commerce et al, 2:20-cv-07672. https://t.co/dPnr5Jl43Z — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@GenePark The rise of sites like PCPartPicker have really taken a lot of the guesswork and uncertainty out of rolli… https://t.co/ijZTncfenx — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

I’m also seeing lots of headlines claiming that TikTok “sues” or *has sued* the Trump administration already, but the case doesn’t appear to have been filed yet (or at least is not available yet on PACER). TikTok has merely indicated that it *will* sue today. https://t.co/bUoC5z3ery — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

TikTok’s other argument is essentially that the Trump administration ignored TikTok’s evidence that it does not pose a national security risk, and that it made a “rushed” decision concluding there was indeed a risk. https://t.co/feULtn7X1y — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Hard to see how that argument may play before the court. The earlier EO targets suspect telecom companies, and TikTok is not a telecom provider, it claims. But that EO never uses the word “telecom.” It says “information and communications technology and services supply chain.” — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Among other things, TikTok will allege that Trump’s executive order rests on emergency powers he invoked to go after Huawei but that don’t apply to TikTok: https://t.co/feULtn7X1y — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

NEW: TikTok says it’ll file suit Monday against the Trump administration’s executive order, alleging “heavily politicized” decisionmaking and lack of due process: https://t.co/feULtn7X1y — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

TikTok says it’ll sue the Trump administration over its executive order: “To ensure that the rule of law prevails and that our company and users are treated fairly, we have no choice but to challenge the Executive Order through the judicial system.” — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Here’s @mollymckew telling @brianstelter that it isn’t enough to describe QAnon as a conspiracy theory — that the responsible way to characterize it is as an "extremist ideology linked to violent attacks”: https://t.co/j7nr2qZGeP https://t.co/kUBmucLCYs — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Pence on QAnon: "I called it a conspiracy theory, I said I don't have time for it, I don't know anything about it.” https://t.co/INXAmPeawR — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

And don’t forget, a key reason the European Court of Justice cited for blowing up Privacy Shield was its distrust of US surveillance law to sufficiently protect EU citizens. Does that argument sound familiar at all…? https://t.co/7D7RuKUwsD — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Finally, a technology angle! /s — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

“How much to ship this to–“ “Sorry, can’t talk.” “Can I just buy a roll of–“ “Can’t help you.” “Where’s the nearest-“ “NEXT!" — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Tech companies are increasingly cracking down on QAnon. But what happens when the ones peddling QAnon are the politicians whose speech the platforms have vowed to protect? https://t.co/nThhdebvRs — PolitiTweet.org