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Brian Fung | @[email protected] @b_fung
RT @issielapowsky: NEW: Now that the FCC's emergency broadband benefit has launched, digital equity advocates and ISPs alike are scrambling… — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
RT @Iyengarish: A big welcome back to @b_fung, who returned just in time for Apple and Epic's closing arguments! Here's our story from to… — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
(But it seems almost inevitable that whatever decision comes down will be appealed.) — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Some brief reflections from me on today’s closing: The judge expressed openness to the possibility that Apple may have engaged in anticompetitive conduct, but was more skeptical of Epic’s monopoly claims as well as its proposed remedies, voicing concern about appellate review. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
She likens this case to a puzzle, and it’s the court’s job to fit all the puzzle pieces together. “It will take me a while to do that." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Says there are "thousands and thousands of pages to review." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
More YGR continued: “I want to try to get to this while the memories of the testimony is fresh and while the arguments are fresh." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apparently the judge in a prior hearing joked about having a decision by Aug. 13 (the date last year when Epic released its Fortnite hotfix that kicked all of this off). She now says only some got the joke. “I am not promising to have this by Aug. 13 but I am going to try." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Things really wrapping now. Everyone is giving the judge and each other kudos for a job well done. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple: “The strategy here is to make the court aware of what Epic is asking, and if that is scary for Apple’s iOS customers… and for this court, that is simply a consequence of what Epic is asking for." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
We’re entering the final stretch here as each side is being given several minutes to make closing remarks. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic says that’s misleading, and that its primary remedy calls for allowing for other app stores outside of the Apple app store, not a “store within a store within a store." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple raises the specter of a “store within a store within a store,” reiterating how apps within these other stores would be unaccountable to Apple and pose risks to consumers. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge again says to Epic that it hasn’t presented a compelling example of a case involving private plaintiffs where the relief sought has been granted by a court. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge is now going after Epic, asking how it can call for allowing sideloading in iOS when it has also sued Google, whose Android OS allows sideloading. Epic says just because you permit sideloading in iOS doesn’t turn iOS into Android, and it has other issues with Android. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic alleges that Apple’s strategy is to “scare the court” and to say “‘this is so complicated, this is going to be on Your Honor’s desk for 20 years.’" — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic cites the landmark Microsoft antitrust case, to which Apple responds that that was a government case, not private litigation, and that the outcome was behavioral restrictions, not “enforced sharing" — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
“Courts do not run businesses,” Judge Gonzalez Rogers says. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge is rhetorically challenging Epic to cite an example of a court ordering a company to “change the business model” in response to an antitrust violation. She seems to believe that’s basically what Epic is asking for and that there may be little precedent for it. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple responds that Epic wants to put its own app store on the Apple app store. And as a result, Apple would receive no revenue from transactions on Epic’s-store-on-Apple. And "Apple would not be able to conduct a meaningful review of what was in [Epic’s] store." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic’s lawyer is showing a slide of proposed remedies: https://t.co/d6ZDwRq626 https://t.co/lFtXquGm8Y https://t.co/y6INreP9U1 — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge is moving on to discuss remedies, and says to Epic: "I still don’t understand where you expect this to go.” Epic says the issue is Apple’s terms, so “we believe the right thing to do is to get rid of those particular anticompetitive restrictions." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
We’re getting ready to resume. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
We’re in a 15 minute break. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic concedes that users may switch platforms at the margins, particularly by price-sensitive consumers, but says that it in no way undercuts Epic’s overall argument about Apple’s abuse of market power in iOS app distribution. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
As a reminder of how we got here, Epic last year communicated to Fortnite players within the iOS app that they could get V-bucks for cheaper by buying directly through Epic rather than through Apple. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple responds that developers are free to send emails to their customers as long as the users have consented and “as long as it is not a targeted solicitation based on account registration within the app.” — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
*How* a developer obtains a user’s email address can also, under Apple’s rules, determine whether the developer can tell the user about other payment alternatives, Epic claims. Epic’s interpretation is that emails obtained via account registration through the app are ineligible. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple claims that allowing this behavior would be like Nordstrom allowing a sign at checkout advising customers that they can buy the same product for cheaper at Macy’s. Why not just say “more options available online?” the judge asks. Same reasoning, Apple says. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
We’re now deep in a discussion about Apple’s anti-steering provisions, its prohibition on app developers telling app users within the app about alternative payment channels. — PolitiTweet.org
