Archive for the ‘Apple’ Category

The Verdict In Apple Case Is More Complicated Than You Think

September 27, 2021

The recent Epic v. Apple decision might seem like a win for Apple, says Jeffrey Jacobovitz, a partner at Arnall Golden Gregory LLP and an antitrust expert. The ruling, however, is a bit more complicated.
Despite Apple’s victory and Epic’s appeal, Jacobovitz told Sports Business Journal that this ruling benefits both sides.
Epic filed the antitrust suit to help fellow developers that are forced to use Apple’s in-app payment system and pay a 30% commission per transaction, but the move was actually motivated by Fortnite’s removal.
Apple eventually won a counterclaim from Epic that will cost the company millions if it doesn’t win on appeal: “The award of approximately $4M relates to Apple’s counterclaim against Epic for breach of contract and other claims (p. 168 of the decision).” The judgment ordered Epic to pay 30% of the $12M in revenue Epic Games collected from the Fortnite app on iOS through Epic Direct Payment. Frequently, antitrust cases involve litigating counterclaims as well.”
Jacobovitz added that companies suing big tech will face a tough fight: “What companies find is that if you’re using high tech, you’re in for a battle.” Companies won’t just roll over and settle right away.
A second takeaway is that Judge Yvonne Gonzalez Rogers held that Apple did not engage in antitrust behavior, even though it holds a monopoly in a particular sector. She found that Epic had failed to prove that Apple had engaged in antitrust behavior.
According to the judge, Apple was not a monopolist despite having a market share of over 55%. The implication is that it has market power, but it is not a monopoly,” he added. “The other issue is that Apple was ordered to allow other payment options; the judge ruled that Apple cannot force developers to use in-app purchases.”
Rogers also noted that Epic’s definition of Apple’s market power was rejected, an important step towards proving the company’s antitrust violations.
Judge Jacobovitz ruled that the product market is digital mobile gaming transactions, which is different from what Epic wanted to define as a market. Antitrust economists work for both sides in antitrust cases. “One defines market power very narrowly, while the other defines it very broadly.”
Although Epic should be commended for allowing app developers to sell content outside of Apple’s App Store payment system (such as through in-app links and direct communication with users), it will likely come back to haunt it during its current battle with Google.
He said the case illustrates plaintiffs are unable to show they have so much dominance in the market that judges are holding them accountable in terms of proving monopoly power or market power, and that it is illegal to maintain a monopoly in an anti-competitive manner.
Note: prior to its publication, it was revealed that Apple will not even consider reinstating Fortnite to the App Store for iOS devices until all appeals related to the antitrust case and Epic’s separate judgment for breach of contract are exhausted. Appeals could take anywhere from one to five years to resolve.

Game Bits: New AI Used To Create Computer Code. Fortnite Will Not Appear On Apple App Sites Any Time Soon

September 26, 2021

AI Can Create Computer Code

A new artificial intelligence program is helping to create computer code by listening to natural speech – including creating your own video games.
The OpenAI Codex beta supports a dozen coding languages. Nevertheless, one of the coolest features is the ability to create Javascript video games with just a few natural language instructions, as PC Gamer reported.
As OpenAI Codex’s website says:

“Proficient in more than a dozen programming languages, Codex can now interpret simple commands in natural language and execute them on the user’s behalf—making it possible to build a natural language interface to existing applications.”

By making coding simple, this type of code could make coding accessible to many more people – not only because it makes coding simple, but also because it is so simple. With OpenAI Codex, you can create your own programs using only your voice. It’s only a beta at the moment, but it has a huge potential to change coding.
We’re just now wondering what kinds of games could be created using this technology. Would they be simple 2D point-and-click adventures? Or is there potential for more complex games to be made here? The possibilities for the future are endless!

NO Fortnite App On Apple App Sites

Due to the ongoing legal battle, Epic Games CEO Tim Sweeney revealed that Fortnite could be exiled for at least five years by Apple.
Epic Games filed a lawsuit against Apple regarding in-app purchase methods outside of those available on the App Store last year. Honestly, this is a bloated back and forth legal battle that won’t end any time soon.
During the legal dispute, Epic Games CEO Tim Sweeney published a series of communication documents between Epic and Apple. Sweeny claims that Apple has broken its promise.
Sweeny also claimed that Epic Games has allegedly been banned from the App Store because of the legal battle. Fortnite and other Epic Games software could be permanently removed from the App Store.
According to reports, Apple will not consider Epic Games software for the App Store while Epic Games appeals the court case.
Epic’s CEO tweeted late yesterday that Fortnite would be banned from Apple’s ecosystem until all court appeals are exhausted, which could take more than five years.
How do you feel about the Epic Games vs. Apple legal battle? Let us know on our social media channels.

Judge Issues An Injunction In Apple V. Epic Games That Allows Developers To Do What They Want

September 13, 2021

Despite a judge’s refusal to call Apple a monopoly in a case brought by Epic Games, the giant tech company did receive an injunction related to its App Store, according to SBJ’s James Fudge.
Judge Yvonne Gonzalez Rogers ruled in favor of Apple on nine of ten counts brought forward by Epic, the developer of Fortnite. The company has 90 days to comply with the order, though it is likely to appeal.
In opposition to Epic, Rogers agreed that Apple’s implementation of “anti-steering policies,” which prohibit developers from contacting consumers directly or placing links in-app that direct consumers away from the store’s purchasing system, was heavy-handed and anti-competitive.
After Epic introduced a direct link to buy in-app currency directly from the developer, Apple and Epic filed a lawsuit in 2020. Apple and Epic Games pulled Fortnite from the App Store. Epic, from Apple’s perspective, wanted to avoid paying 15-30% commission on in-app purchases, while Apple saw it as an additional option to consumers’ direct purchases within Apple’s ecosystem.
Epic is suing Google, which took similar action against its game, in federal court. As of this writing, Epic has not announced when or if Fortnite will return to iOS devices.

The Head of Apple Software Engineering Testifies in Apple V. Epic Games Trial

May 24, 2021

Craig Federighi, Apple’s software engineering head, recently testified in court, explaining the key differences between the iPhone and Mac operating systems.

Third-party software can also be downloaded from the MacOS App Store. However, iOS systems have never allowed third-party downloads.

Epic’s key argument in this trial is that Apple’s behavior can be considered anti-competitive and monopolistic by not allowing third-party app downloads or stores.

Despite the fact that there have always been a greater number of iPhone users than Mac users, Federighi stated that there are still a lot of iPhone users. Considering this, he said the iPhone is likely to suffer more malware attacks.

Macs are less than a tenth as common as iOS devices, so from an attacker’s perspective, iOS is a much more attractive market to attack.

As well, he argued that iPhone users are much more casual than Mac users, and are more likely to download malicious software without realizing it.

Federighi explained that iOS users have just become accustomed to getting apps all the time, quoting Apple’s famous slogan: “There’s an app for that.”

Federighi also discussed the sensitivity of data and the casual nature of iPhone users. Mobile devices are designed to be carried wherever a user goes in addition to carrying the user’s most sensitive information — contacts, photos, documents, bank details, and even their location.

“Iphones are very attractive targets,” he said.

You have them all the time, and they have some of your most personal information — of course, your contact info, your photos, but also other things.”

An attacker can gain access or control of any of these devices for a great deal of money from all of these factors.

Last but not least, Federighi suggested that iPhone and Mac are designed for completely different audiences — the latter being far more technologically literate.

Mac computers are marketed as specialist devices for professionals who understand how to download software safely. However, iPhones are marketed towards those that might not know how to protect themselves from malicious attacks, such as children.

The Mac has been part of this generation of systems where the expectation is you can get software wherever — you can give it to your friend and he’ll run it, that is part of the expectation. But Mac users also expect a degree of flexibility that helps them accomplish their goals. to what they do. Some of them are software developers, some of them are pros running their unique tools, and having that power is part of it,” Federighi said.

It’s as if the Mac is a car — you can drive it anywhere and off-road if you want. It comes with being a driver, you’ve got to be trained, there’s a certain level of responsibility, but that’s what you bought. Your goal was to buy a car.
“With iOS, we were able to create something that kids — heck, even infants — could operate and be safe doing so. That’s a real game-changer.”

Dou you enjoy playing games? You can play with EagleFly at Twitch.TV and Facebook Live.

My email is