games fray
@games_fray
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Reporting and commentary on games industry issues and related regulatory matters
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Japan's Nikkei news agency has an "evening scoop" (it's late on Tuesday there): the Japanese government will submit a law to open up mobile app stores to the country's parliament in 2024. It will demonopolize app distribution as well as in-app payments.
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Huge App Store news:
Microsoft, Meta, X, and Match Group ask U.S. court for permission to support, through an amicus brief, Epic Games' motion to hold Apple in contempt of the nationwide anti-anti-steering injunction under California Unfair Competition Law.
Go Epic!
8
34
235
#Sony
supporting
#FTC
’s ultra-long shot to undo ABK deal
#microsoft
#Xbox
#PlayStation
#antitrust
The FTC is highly unlikely to be able to force Microsoft to divest
#Activision
. Sony, despite its 10-year
#CallofDuty
deal, is still fighting the merger.
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170
So Monopoly Go made > $2B. They get 70%. That means Apple and Google with their 30% tax made more than $850M on that game ((I30%/70%) x $2B).
Does that make any sense? No, it has no merit and is just a gatekeeper toll similar to feudal lords in medieval times.
🧵1/5
11
32
171
Apple's rules are designed so alternative stores by someone like Epic or Microsoft Xbox won't get traction. They won't have a chance to enter the market because of Apple's terms.
Alternative payment services won't take off either.
Enforcement is needed!
Apple's plan to thwart Europe's new Digital Markets Act law is a devious new instance of Malicious Compliance.
They are forcing developers to choose between App Store exclusivity and the store terms, which will be illegal under DMA, or accept a new also-illegal anticompetitive
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#Microsoft
makes new push to quiz (and impeach)
#Sony
on 10-year
#CallOfDuty
deal and to join
#Ubisoft
’s deposition:
#FTC
/ABK
@games_fray
said that this would be a likely next step, and it has now been taken.
FTC lawyers are again acting unreasonably.
12
19
118
#Apple
effectively kills numerous browser games in the EU: unprecedented slap in the face of tech regulation
The latest iOS beta purposely imposes EU-specific restrictions and limitations. Apple deprives EU-based users of certain functionality.
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20
92
#FTC
,
#Sony
supporting each other like it’s 2023: can’t turn page on ABK, and judge curbs
@FTC
’s fishing expedition
#Microsoft
#Activision
Detailed analysis of documents released by FTC yesterday (but don't worry about the FTC's ultra-long shot):
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16
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#Apple
wants
#EpicGames
to reimburse $73 MILLION AND COUNTING (the dispute isn't over yet) in litigation expenses. Apple says it's spent $82,971,401 defending against that case, adjusts it to $81,560,362, then deducts 10% as Epic prevailed on 1 of 10 counts ➡️ $73,404,326.
🧵1/4
14
19
80
News from FTC in-house litigation over Microsoft-ABK:
1)
#Microsoft
's lawyers get 3.5 hours (same as FTC litigation counsel) on Thursday to quiz
#Sony
.
2)
#FTC
wants to keep evidence regarding procompetitive effects of Microsoft's numerous remedial agreements out.
🧵1/3
8
14
81
The European Commission has launched preliminary investigations of Apple's decision to kill Progressive Web Apps in the EU. Questionnaires have gone out to various companies.
3
11
76
The European Commission's full-day Apple Digital Markets Act (DMA) Compliance Workshop in Brussels starts at 9 AM (<15 minutes).
One can already see people entering the room.
This thread won't report on each detail. Will share occasional observations throughout the day.
🧵1/X
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7
76
#Microsoft
to appeals court:
#ActivisionBlizzard
was planning significant job cuts even as independent company
The
#FTC
tried to capitalize on the 1,900 ABK job cuts that were recently announced, arguing it now needs an injunction even more urgently.
6
15
76
It's been two years to the day since
#Microsoft
announced the acquisition of
#ActivisionBlizzard
.
The purchase price was calculated to amount to $68.7 billion. That was based on: (number_of_shares * per_share_price) - cash_in_the_bank_at_the_time. Biggest tech deal then.
🧵1/5
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11
75
Judge Corley has already denied this motion by the class-action lawyers claiming to represent gamers. That was the 7th attempt by them (including appeals) to get Microsoft enjoined over the ABK deal. And won't be the last.
Microsoft's lawyers are not taking any chances regarding ABK, not even when there's a long-shot motion pending in the private (mislabeled "gamers'") lawsuit.
They just asked Judge Corley to take note of an economic expert report when deciding on the anti-layoffs motion.
🧵1/3
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Microsoft's lawyers are not taking any chances regarding ABK, not even when there's a long-shot motion pending in the private (mislabeled "gamers'") lawsuit.
They just asked Judge Corley to take note of an economic expert report when deciding on the anti-layoffs motion.
🧵1/3
2
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64
Steve Jobs turning in his grave as EU tells
#Apple
: we won’t let you silence critics like
#EpicGames
—PR Waterloo, $30B risk
This is the biggest PR & political disaster in Apple's history. They're exposed as a bully and are now facing the wrath of the EU.
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9
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#Xbox
fans ask whether this means
#xCloud
won't come to iOS. One CANNOT interpret
@BondSarah_Bond
's new statement that way:
1. The statement is about Apple's new rules for rival app stores etc.
2. Cloud gaming is a separate issue where the EU may settle with Apple, wants feedback
We believe constructive conversations drive change and progress towards open platforms and greater competition. Apple's new policy is a step in the wrong direction. We hope they listen to feedback on their proposed plan and work towards a more inclusive future for all.
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Some would distill this into "Sony going 3rd-party":
Sony’s Vision for the Future of PlayStation: From Consoles to Cloud, PC, and Mobile Integration -
It will be interesting to watch whether (and if so, how) they'll go for broader access to their content
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10
54
Microsoft's lawyers just filed their opposition to the class-action lawyers' request for a temporary restraining order against any ABK layoffs.
Microsoft's filing explains why this is wrong and just a rehash of a previously failed theory:
🧵1/3
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One problem Google has here is that Epic's trial win totally contrasts with the states' sham settlement over Google Play terms and conduct.
If the settlement falls through in its current form (though there would be an appeal for sure), the states may have to resume the case.
Judge James Donato is a delight to cover/read about. He minced no words today in a high-profile case hearing: “My job is to not leave consumers holding a bag of nothing, and right now, I’m not saying this is a bag of nothing, but it’s a bag of 'not great'.” By
@Swiftstories
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46
#FTC
wants to limit
#Microsoft
’s time to ask
#Sony
questions to 1.5 hours (not 3.5), same with
#Ubisoft
, but wants 4 hours (not 3.5) for itself
The problem is that the Sony witness will be cooperative with FTC counsel, the opposite with Microsoft.
3
9
52
Judge Corley allows (because federal discovery rules are rather permissive) the class-action lawyers suing Microsoft over the ABK deal to quiz CEO Satya Nadella for 3 hours.
But they won't get a February trial: waiting for 9th Circuit first.
🧵1/3
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53
It's outrageous that
#Apple
wants to tax *web* purchases (at a 27% rate!) only because an iOS app links users to an external website (and the digital items may then be consumed in an iOS app).
But guess who did something similar long before Apple?
#Sony
#PlayStation
.
🧵1/2
There is a FRAND (fair, reasonable and non-discriminatory terms) requirement in the DMA. But in the end it's the courts that have to decide "what is in fact FRAND" (quote is from a UK judge).
27% is not FRAND in my view. But Apple will presumably be prepared to fight.
🧵2/3
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9
50
The FTC doesn't want to promise to Microsoft that the ABK trial won't be held before May. Microsoft's counsel said there was a potential scheduling conflict with another case.
The FTC says it's premature to talk about it now:
🧵1/3
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BREAKING: Epic Games files motion to enforce U.S. anti-anti-steering injunction against Apple. Court hearing requested for April 30. Epic previously said Apple was NOT complying with the injunction.
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49
Now the
@FTC
is acting in a similar fashion as the class-action lawyers using gamers to sue Microsoft over ABK (earlier X post):
The FTC wrote a letter to the U.S. Court of Appeals for the 9th Circuit, pointing to the plans for 1.900 job cuts.
🧵1/2
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6
46
#FTC
judge puts procedure over substance as he denies
#Microsoft
further discovery of
#Sony
’s stance on 10-year CoD deal
The question is now whether Microsoft would still be allowed to take discovery after first formally requesting that it be reopened.
10
5
47
That expert, Dr. Liz Bailey, delivered a strong performance at last year's FTC preliminary injunction hearing.
The new court filing comes only with a sealed version of her expert report.
Don't get nervous about the ABK deal: Microsoft is not letting its guard down.
🧵3/3
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6
45
Apple's compliance chief says the Core Technology Fee is not discriminatory because everyone has to pay it. It is, however, discriminatory because alternative app stores can't offer free-of-charge distribution of free apps; only Apple's own App Store can do that.
🧵82/X
2
6
46
The Xbox-
@Boosteroid_main
deal was made during the ABK merger reviews and keeps delivering:
"Starting today, you can play Deathloop, Dishonored, Dishonored 2, Dishonored: Death of The Outsider, Gears 5, Gears Tactics, Ghostwire: Tokyo, and Pentiment."
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9
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@JayRembert2
No, it's about showing in the FTC litigation that Sony is just talking negatively about the 10-year deal because Sony wants to support the FTC's efforts to force Microsoft to divest ABK.
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42
The class-action lawyers suing Microsoft over the ABK deal have just filed a new motion for a temporary restraining order. This time around they want the court to bar Microsoft from layoffs/spinoffs/cancelations at ABK. The lawyers first announced this intent on February 6
🧵1/5
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43
The media industry (including the likes of Disney AP NBC) throws its weight behind Epic Games' motion to hold Apple in contempt of the U.S. injunction. Joins Meta, Microsoft, X, Match, Spotify.
The Economy At Large v. one rapacious monopolist.
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44
It's highly unlikely, despite the FTC's incessant and Sony's renewed efforts, that Microsoft would be forced by a U.S. appeals court to divest ABK or any part thereof. But the FTC's case is technically still pending.
Gamers want to, and actually will, see benefits in 2024
🧵5/5
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40
Contrary to what someone quoted in that article says, there is no smoking gun concerning an infringement of intellectual property rights by Palworld.
3D models could also be copyrightable as structures but something expressive must be copied.
🧵1/2
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40
For the context (motion to bar further layoffs etc.), see:
The filing that was just made basically says the class-action lawyers claim their economic expert has made arguments Microsoft never disputed, but Microsoft's economic expert actually did.
🧵2/3
Microsoft's lawyers just filed their opposition to the class-action lawyers' request for a temporary restraining order against any ABK layoffs.
Microsoft's filing explains why this is wrong and just a rehash of a previously failed theory:
🧵1/3
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5
37
Re. 1) The FTC judge ruled against FTC in-house counsel on that.
Re. 2) The FTC argues that according to Microsoft there was no internal analysis of those deals, therefore FTC says Microsoft execs can't now testify; and says Boosteroid, Ubitus, Nware not in U.S. market.
🧵2/3
1
5
38
The
#EpicGames
v.
#Apple
judgment is now FINAL. The Supreme Court has denied either party's petition for review.
This means the anti-anti-steering injunction that Epic won under California Unfair Competition Law enters into force. Apple wanted to prevent or delay that.
🧵1/4
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6
38
Next Thursday (Feb 8) the FTC will depose Sony to discuss the 10-year CoD agreement. Microsoft's lawyers want to participate with the same amount of question time. The FTC's Administrative Law Judge either hasn't decided or the decision hasn't been published yet. It's about time.
2
7
39
Saber-rattling: The
#Pok
émon Company threatens potential litigation over
#Palworld
—apparently unsure of merits
This articles interprets the statement, discusses what intellectual proprtey rights could be meant, and whether
#PocketPair
itself could sue.
5
7
39
Current Game Pass subscriber numbers are "not meaningfully different" from where they were before the FTC-ABK trial (June). The screenshot shows a previously redacted passage from the private lawsuit over the merger.
This doesn't mean there hasn't been growth; it's just not huge
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38
The geographic market definition is in dispute if I recall correctly. Also, it's debatable whether those companies really play no role there.
That Microsoft didn't do a detailed analysis of deals like Ubisoft/Sony/Nvidia doesn't mean they can't still have information.
🧵3/3
1
5
38
Class-action lawyers representing gamers (with the lawyers actually being in the driver's seat) want Judge Corley to urgently bar
#Microsoft
from laying off any more
#ActivisionBlizzard
employees.
They're preparing a motion for a temporary restraining order (TRO).
🧵1/3
10
10
36
Besides messenger interoperability this is now a second context where Google is going against the Evil Empire named Apple, with Google in both contexts being on the right side of history.
Google formally endorses right to repair and will testify in favor of a law in Oregon, says regulators should ban "parts pairing", a tactic used by Apple (
@jason_koebler
/ 404 Media)
📫 Subscribe:
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8
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4
38
Judge believes
#Apple
is violating
#EpicGames
’ U.S. injunction, schedules evidentiary hearing before final decision
“... sufficient preliminary showing that, viewed holistically, Apple’s practice changes undermine the spirit of the injunction ...”
0
5
37
Game and other app makers can take billions of dollars away from
#Apple
every year with this strategy, leveraging
#EpicGames
' U.S. injunction
Here's an email-centric strategy to balance commercial goals with legal realities. Gamers would save billions!
1
6
37
Just like the class-action lawyers, the FTC argues it's harder to undo the merger should the FTC ultimately prevail. So they want the 9th Circuit to grant them injunctive relief against the already consummated deal.
It also looks like pushing for a quick appellate ruling.
🧵2/2
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4
36
The two
#Epic
outcomes--
#Apple
and
#Google
--will presumably come up at the
@FTC
v.
#Microsoft
-
#ActivisionBlizzard
trial if and when that one takes place.
Not as a top 5 priority in that case, but in connection with Microsoft's mobile app store plans.
🧵1/5
1
5
36
The
@CMAgovUK
is not going to let Apple off the hook on the question of cloud streaming of games. The problem is that the EU DMA is too weak to deal with Apple. And it would be EU-only. For worldwide cloud gaming, the CMA is the authority to watch.
games fray article coming!
#Xbox
fans ask whether this means
#xCloud
won't come to iOS. One CANNOT interpret
@BondSarah_Bond
's new statement that way:
1. The statement is about Apple's new rules for rival app stores etc.
2. Cloud gaming is a separate issue where the EU may settle with Apple, wants feedback
2
9
58
0
6
36
Gamers may find it interesting that one of
#OpenAI
's new board members, Nicole Seligman, "held several senior leadership positions at Sony entities, including EVP and General Counsel at Sony Corporation." Not Sony Interactive Entertainment specifically.
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26
Sadly, there have been layoffs throughout the games industry recently, with or without mergers. Outside the games sector, there have been layoffs at iRobot because Amazon wasn't allowed to acquire them.
That private lawsuit has not made any headway and likely never will.
🧵3/3
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5
34
U.S. court certifies 12-year-old consumer class-action claiming Apple’s standard App Store tax should be < 14%, not 30%
Theoretically tens of billions and reputation at stake. Imagine a letter to consumers that Apple illegally overcharged them.
🧵1/2
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5
34
The European Commission is now formally investigating suspected DMA violations by Apple, Google and Meta.
Note that there are TWO kinds of steps:
1. The FULL-BLOWN investigations are only about anti-steering for iOS and Android plus...
🧵1/3
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2
33
It's already the 7th time (in the total of district court, 9th Circuit and Supreme Court) that those same plaintiffs seek injunctive relief relating to the deal. All prior attempts failed. The last sentence suggests Judge Corley could threaten to sanction those lawyers.
🧵3/3
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4
33
The EU Commission conducted an analysis of whether "Apple's messaging service iMessage, Microsoft's online search engine Bing, web browser Edge and online advertising service Microsoft Advertising" are gatekeepers for DMA purposes. And decided: NO
🧵1/6
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31
The Microsoft brief notes those workforce reductions were industry-wide. Similar percentage at Sony, layoffs also at EA, Riot etc.
The brief also says the thing can't be all that urgent and harmful if they waited 7 weeks to bring an emergency motion.
🧵2/3
1
4
32
This article quotes
@XboxP3
saying that Apple's "initial steps ... are very prohibitive to us actually creating [an iOS app store]" and they "will continue to work regulators to open that up."
As explained by
@games_fray
, a short-term solution is not in sight. No quick win there
0
4
31
#Sony
's stance on the deal changed a few times:
- Initially, "we'll be more than OK" for CoD, it's mobile.
- Then a worldwide campaign against the deal, emphasizing CoD.
- 10-year CoD deal in July 2023.
- Now co-opting FTC again to seek divestiture as games fray reported.
🧵4/5
1
5
31
Knowing that many gamers want to know about those Microsoft-ActivisionBlizzard cases, let me just assure you that nothing has happened in several weeks. They're waiting for the Ninth Circuit's decision on the FTC appeal of Judge Corley's denial of a preliminary injunction.
🧵1/4
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2
29
@Mighty_Mork
If the FTC in-house trial takes place and Sony testifies that the deal is bad, then Sony should indeed put its money where its mouth is and the deal should be rescinded by mutual agreement.
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29
No sideloading, no viable payment alternatives, no truly competitive app stores:
#Apple
’s new EU rules render
#DigitalMarketsAct
pointless
This article proves that practically 100% of all other reports are wrong: Apple DOESN'T allow sideloading of apps.
2
9
30
Judge Donato has thrown out Google's motion to overrule Epic's trial win or do a new trial. That was expected. The real fight over those arguments will take place in the appeals court. That fight will be a huge one.
🧵1/2
1
5
29
Wow. Just wow. Read this harsh criticism of
#Apple
's "contemptuous compliance plans" for the DMA by a director of the Financial Times. Not exactly an anti-corporate paper!
That said,
@games_fray
stands by its analysis that Apple is being unconstructive, but not acting lawlessly.
1
5
29
"Much more recently, Sony Interactive Entertainment has announced that as of December 31, 2023, users can no longer watch their previously purchased Discovery video content on their PlayStations."
Bricking it: Do you actually own anything digital? via
@theregister
&
@sjvn
Software, ebooks, videos, and games, the answer is increasingly "no."
0
4
10
2
4
31
That preference for exclusives definitely applies to Sony PlayStation fans as well, except that they were *even more* pro-exclusives before the ABK deal and Starfield.
With Xbox having much less global market share, some Xbox fans consider exclusives even more crucial.
🧵2/3
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3
30
#Apple
is still going to tax those game streaming services then (30%), but at least they don't impose their app review tyranny on the streamed content.
Yes, EU Digital Markets Act is a factor, but the
@CMAgovUK
's recent victory in a UK appeals court was also very helpful here.
BREAKING: Apple is opening up its App Store to game streaming services today. Services like Xbox Cloud Gaming and Nvidia GeForce Now will be able to have a single app to stream games to iPhones and iPads. Details here:
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802
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6
30
They recall that Judge Corley said last year the lawyers could come back if Microsoft were to do anything at ABK that caused irreparable harm to gamers. But this motion here is going to fail one way or the other. It just drives up Microsoft's costs of defense.
🧵4/5
1
1
28
This here is a very interesting discussion, with both sides making valid points. Sharing a tweet by
@vgfytschool
below, a reply to
@vicious696
.
Obviously those who are not merely users but really big fans and supporters of a given console will often favor exclusives.
🧵1/3
@FuuTop1
@vicious696
Y'all do realize Xbox is where it is because Microsoft did not go hard fast on exclusivity but offered its products far and wide right?
There's MS Office on Macs, there are cloud services Microsoft provides that support all sorts of other cross-platform, cross- enterprise
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5
30
They announced it again in a statement on Tuesday. Microsoft's response was that such a motion would fail, starting with the fact that Judge Corley herself said a few months ago she doesn't have jurisdiction until the 9th Circuit has ruled on a prior appeal.
🧵2/5
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1
27
A few weeks later, Microsoft's president issued a statement on what this deal would mean for app (including but not limited to game) distribution. Microsoft announced plans for a cross-platform app store. Obviously, you need blockbusters for that.
🧵3/5
1
4
28
Media
#MEGAFAIL
: Contrary to what virtually every report on Apple's new EU app rules says, Apple DOES NOT allow sideloading.
It doesn't. There's absolutely nothing that Apple has done to enable sideloading.
Surprised?
@games_fray
will explain in an article within about an hour.
2
7
29
EU launches full-blown App Store, Google Play investigations under DMA: tidal change or tempest in teapot?
Nothing will change in the marketplace as a result of this, but psychologically it's good for Epic's contempt motion against Apple in California.
0
3
28
#EpicGames
asks U.S. court to hold
#Apple
in contempt, alleges “Apple’s so-called compliance is a sham”
Epic's motion raises serious issues. Apple will argue that the court order still allows certain things, but will likely have to modify its rules.
2
3
28
#Apple
capitulates to EU Commission,
#EpicGames
Store will come to iOS—this is the end of the beginning
@vestager
made it clear that mobile app stores were a DMA enforcement priority,
@ThierryBreton
called Apple out on what could be viewed as bullying.
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4
26
#Microsoft
criticizes
#Apple
’s new EU rules: what this means for
#Xbox
app store,
#xCloud
iOS app,
@CMAgovUK
investigation
Detailed analysis and explanations of Microsoft's app store positions, current situation, likely next steps, and Apple's strategy.
0
7
29
Developers' issues with Apple's App Store policies go beyond the 30% tax that a U.S. Congressman described as highway robbery. There are numerous restrictions just intended to protect Apple's control. One can't even easily distribute test versions without approval.
🧵1/3
A look at the reasons for the less-than-expected developer enthusiasm for Apple's Vision Pro, including an uncertain ROI and anger at the App Store policies (
@markgurman
/ Bloomberg)
📫 Subscribe:
0
0
4
2
8
27
Under pressure from
@EU_Competition
,
#Apple
offers "access [to] NFC functionality on iOS devices free of charge." Yes, free of charge. No 27% tax like in their notice of compliance to a U.S. district court about
@EpicGames
' injunction.
3
6
28
This has been a long time coming. DOJ officials attended the entire
#EpicGames
v.
#Apple
trial in 2021. The DOJ supported Epic's appeal. More than a year ago it alrady looked like they might file their own enforcement action not much later. Hopefully true this time around.
🧵1/2
Sources: DOJ may file an antitrust lawsuit against Apple targeting Apple's strategies to protect the dominance of the iPhone as soon as the first half of 2024 (New York Times)
📫 Subscribe:
0
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1
5
28
Here's a new U.S. multi-patent infringement complaint against Activision Blizzard. It's about managing in-game economics and maximizing the motivation of players. That's why the key battle will be whether those patents are invalid for abstractness.
🧵1/3
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If Judge Corley doesn't have jurisdiction due to the overlapping issues, no decision will be made until the appeal of the denial of the preliminary injunction (like the FTC, the class-action lawyers appealed) has been resolved. The lawyers argue she can decide now.
🧵3/5
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1
25
#EpicGames
formally tells U.S. court
#Apple
isn’t complying with
#AppStore
injunction, announces contempt motion
They're now trying to work out a briefing/hearing schedule. Like in the EU, Apple will fight instead of opening up the market anytime soon.
0
4
27
Their argument is that in the theoretical event they prevail in the end, it would have to be possible to spin off ABK, but if too many people are fired, ABK can't operate independently.
It's really hard to see that the court would enter an order like that.
🧵2/3
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4
27
Regulatory resistance was considered a possibility not because of actual competition issues but sheer deal size & profile, overall "TechLash". Thus the announced closing date was rather conservative: 18 months off.
Even those 18 months weren't sufficient as we know now.
🧵2/5
1
4
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#Google
’s likely strategy to neutralize the Epic v. Google verdict
(1) insufficient remedies could necessitate follow-on litigation over the 30% app tax rate
(2) outline of appellate arguments
#EpicGames
#EpicvGoogle
#antitrust
#Android
#GooglePlay
0
4
26
Apple does this as a matter of principle. They won't leave an amount in the tens of millions on the table. And their overall treatment of Epic, such as not putting Fortnite back, is meant to discourage other app makers from challenging Apple and from breaching the DPLA.
🧵4/4
1
1
23
Some people working for
#Apple
are math-challenged.
This is from Apple's opposition to
#MercadoLibre
's motion for a Brazilian regulatory injunction. The chart does NOT show that Android has 80% & iOS 20% of the market (no. users) because they have one row too many: 6 rows = 120%
1
4
24
The EU's Digital Markets Act is only one of two key factors that led to Apple's new rules for mobile browsers (Google can now do a *real* Chrome on iOS, not Safari styled as Chrome) and cloud streaming. Apple also faced this
@CMAgovUK
initiative, arguably more important than DMA.
0
2
25
It's great but not surprising that the EU Commission will want to hear from Apple why they don't allow Epic to open an iOS app store as the Digital Markets Act would enable them to do. It's certain that Apple expected this to happen.
Epic has the most interesting DMA case now.
Apple will face questions from European Union regulators over accusations it barred Epic Games from opening its own app store for iPhone customers in Europe — the latest twist in a long-running fight between the two companies:
0
10
52
1
4
24
As some may wonder whether that mislabeled "gamers' lawsuit" (because the lawyers are in charge) poses a threat to the ABK deal: not realistically. Even the FTC's continuing litigation is an ultra-long shot, though the FTC is a privileged and more sophisticated plaintiff.
🧵3/3
0
4
24
One of the two law firms behind this lawsuit is also the most prolific filer of AI copyright lawsuits, also against OpenAI/Microsoft.
This case on behalf of a few gamers (who likely don't pay anything significant) is just about hoping to extract legal fees from Microsoft.
🧵5/5
0
1
22
If Epic had prevailed on antitrust, the contract clause wouldn't have been enforceable.
So the dispute was not about whether Epic owed damages. Still, Apple says it had those costs defending against the underlying antitrust claims on which the damages claim depended.
🧵3/4
1
1
22
Apple bases this indemnification claim on Epic's breach of the developer agreement (DPLA) when Fortnite suddenly offered an in-app payment alternative.
Early into the litigation, Epic accepted that if it loses on its antitrust claims (as it did), it owes damages.
🧵2/4
1
2
22
This is a major new field of enforcement for the CMA, and opening up mobile app stores will benefit the economy and consumers, particularly also gamers as games are by far the largest app genre in terms of in-app purchasing revenues.
We’ve published an overview of how we intend to operate the new Digital Markets competition regime once the
#DigitalMarkets
, Competition and Consumers Bill becomes law.
Find out more:
#DMCC
1
7
21
1
3
24
Google is the gatekeeper over Android, but Judge Donato is the gatekeeper over settlements of cases before him. The gatekeeper's gatekeeper in that situation.
Donato says
@Google
#appstore
#antitrsut
settlement needed to be done in a way where cnsumers get a fair reasonable and You have to do is in a way that consumers get a fair, reasonable and adequate outcome. “I’m just not seeing it right now.”
1
1
9
18
2
16
European Commission launches 4th
#Apple
compliance investigation in 2 weeks:
#Spotify
#antitrust
matter
On top of two formal DMA compliance investigations and a preliminary DMA compliance fact-finding mission, there's now an antitrust compliance inquiry.
0
4
20
Interesting change of wording:
They used to call this workshop series "compliance workshops" and the EC's introductory slide now says:
DMA ***Enforcement*** Workshops
That's stricter. And political institutions almost always think hard about such word choices.
🧵4/X
1
1
23
That court order just looked at whether certain arguments were good enough that they could be made to a jury, but it's interesting that
-
#Microsoft
's Windows app store is point of reference as a profitable but competitive store
-
#Steam
is ignored because anticompetitive
🧵2/2
1
1
23
The Coalition for App Fairness is already in campaign mode against Apple's EU rules in response to the DMA: video statements by politicians and companies urging the EU Commission to enforce.
The Commission should try, but the DMA needs to be improved.
1
2
22