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Brian Fung | @[email protected] @b_fung

@byedolly As I understand it, Epic’s argument is that Apple’s rates would be even lower in a but-for world. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Apple responds that anybody who wants the ability to sideload apps or gain access to third-party app stores "is free to go out and buy an Android device.” — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

The judge challenges Epic to state what anticompetitive effects have resulted from Apple’s conduct. Epic claims Apple’s practices have led to higher prices and less innovation in iOS app distribution than would otherwise be the case. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Epic responds that statements of overall satisfaction mask dissatisfaction with more specific aspects of the Apple-developer relationship, and contests Apple’s claims that its pro-competitive moves on commissions were the result of competition. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Apple also making the case that it is highly responsive to developer feedback, and that it has reduced commissions several times since the launch of the app store. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

The implication is that Epic is part of a small minority and that there is no problem here. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

The same trend bore out in a similar survey conducted the following year, Apple says, where 65% of devs were satisfied and 19% not satisfied. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

We’re now turning to a review of developer satisfaction from 2017. Apple says that only a minority of developers surveyed reported being dissatisfied. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Epic has failed to define a market for this case, Apple argues — and on that front, Judge Gonzalez Rogers seems fairly sympathetic to Apple’s position right now. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Practically speaking, would that be really limiting, in that only a subset of Apple users are based in California? Or would it be far-reaching, as many app developers subject to Apple’s store rules are based in California? — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

The prospect that Apple could be ordered to change its ways only in California and nowhere else would be… interesting. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Some back and forth now over the degree of Apple’s legal exposure stemming from federal antitrust law versus California’s Unfair Competition Law. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Now the judge is discussing the hypothetical of her finding that the market is gaming generally. “If I decide the relevant market is gaming, there is not a monopoly but there are other factors showing anticompetitive conduct." — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Judge Gonzalez Rogers speculates that perhaps the market could be mobile gaming. Epic says that is “not the market we have advocated for” but that it would still make more sense than Apple’s proposed market of “game transactions." — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Judge Gonzalez Rogers is on product quality now, pointing out that there’s been tremendous innovation on the iPhone that’s benefited game developers. Epic responds that there has not been innovation on the app store specifically, where Apple allegedly lacks incentives. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

My quick take: Technically this may be true but the rules in question apply to devs, and so consumers are 1) affected by them only indirectly and 2) bc every app is different, consumers’ perceptions of how the rules affect their total experience is limited https://t.co/btTOMQYZfM — PolitiTweet.org

Brian Fung @b_fung

Judge Gonzalez Rogers points out that by opting into one ecosystem or another, consumers make a conscious choice —… https://t.co/gklGEkIEPs

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Epic argues that this misses the point. Consumers may make an initial decision to join a platform but “people are not focused on and not aware of these downstream costs” like app store rules and commissions. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Judge Gonzalez Rogers points out that by opting into one ecosystem or another, consumers make a conscious choice — thereby accepting its rules and limitations. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

The first major topic of discussion today: Market definition and whether the ability for Apple users to switch to other devices / platforms is an acceptable counterargument to Epic’s lawsuit. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

I came back just in time for the closing of the Apple/Epic trial. The court will be getting started momentarily. — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

@garlicksauce Everyone's doing really well! — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Back from a few weeks of parental leave. What’d I miss? — PolitiTweet.org

Posted May 24, 2021
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Brian Fung | @[email protected] @b_fung

Facebook's Oversight Board says the platform can continue blocking Donald Trump's account, saying Trump "severely violated" Facebook's policies and contributed to risk of violence: https://t.co/TNS1CjteGL https://t.co/Cc6dbfZGqX — PolitiTweet.org

Posted May 5, 2021
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Brian Fung | @[email protected] @b_fung

Some news ~of a personal nature~: I was planning to spend this week covering the Apple / Epic trial, but something else came up: https://t.co/V0jz9oH8JR Make sure to follow my man @Iyengarish for play-by-play updates on the courtroom drama while I’m out for a few weeks! — PolitiTweet.org

Rishi Iyengar @Iyengarish

I'll be covering the Apple vs Epic Games trial, which starts today. Here's a rundown of what the trial represents… https://t.co/j0g5zg2L70

Posted May 5, 2021
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Brian Fung | @[email protected] @b_fung

@29_sunset Doubtful. Universal in Florida had an estimated 10.9m visitors in 2019, well over the 1m visitor threshold that makes a theme park a theme park. https://t.co/A0zoFrZOgi https://t.co/Y2Dqf7uEi9 https://t.co/T8N1p9NNba — PolitiTweet.org

Posted April 30, 2021
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Brian Fung | @[email protected] @b_fung

Everyone's focused on the Disney part of this but I'm fascinated by how this language seems to also give Comcast a leg up over other ISPs (as it's an information service that happens to operate a massive theme parks business). Am I misreading this? https://t.co/5pI1GuOan1 — PolitiTweet.org

Adam Kovacevich @adamkovac

Florida's unconstitutional content moderation bill is still bad, but congrats I guess to the Disney lobbyists for g… https://t.co/HQYk2gVbwC

Posted April 30, 2021
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Brian Fung | @[email protected] @b_fung

@vermontgmg And it also contains some relevant, indirect insight into Biden and his view of how leadership works. https://t.co/tpmzbANS2x — PolitiTweet.org

Posted April 30, 2021
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Brian Fung | @[email protected] @b_fung

An absolutely riveting oral history of the bin Laden raid and the months of preparation that went into it, by @vermontgmg https://t.co/DFm9pakFmk https://t.co/Mprr7yI4qx — PolitiTweet.org

Posted April 30, 2021
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Brian Fung | @[email protected] @b_fung

RT @cjciaramella: Florida GOP: We're gonna stick it to big tech and woke capital! Disney: [slips on brass knuckles] Florida GOP: Ah not y… — PolitiTweet.org

Posted April 30, 2021 Retweet
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Brian Fung | @[email protected] @b_fung

@TonyRomm Wait -- I just remembered the cicadas, oh god what have I done — PolitiTweet.org

Posted April 30, 2021