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Japanese game publisher Digital Will has filed a lawsuit against Apple

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Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#141

Post by Apocryphon »

scarface_74 wrote: post #140
Apocryphon wrote: post #138

Earlier quoted context omitted.

So what other ruling did the Epic judge not ignore or ignore? I don’t care about Apple being a monopoly or not in the context of this conversation. I am trying to establish judges ignoring precedence.

What other ruling did the Epic judge ignore? She ignored the trial of the person who kidnapped Lindbergh’s baby, the OJ trial and literally millions of other cases that had nothing to do with whether Apple had a monopoly on the App Store. Even if there had been trial in a different district than where she SSD working and it didn’t make it the Supreme Court, there is no “precedence” to ignore.

Oh, okay. Thanks

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#142

Post by tinus_hn »

AnthonyMouse wrote: post #104
tinus_hn wrote: post #87

Earlier quoted context omitted.

Really good lawyers still can’t defend textbook cases. But you mean to say that for all those indie developers who got their life’s work destroyed it was about the money anyway? Why would you settle otherwise?

> Really good lawyers still can’t defend textbook cases. In many cases they can, because while the violation is textbook, they find some unrelated technicality to have the case dismissed. The plaintiff is in the wrong jurisdiction, or filed too late, or too early, or agreed to a binding arbitration clause etc. etc. And when they run out of all of that, they open their wallet and pay the plaintiffs to settle so the pr…

So it’s not a textbook case after all?

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#143

Post by [deleted] »

scarface_74 wrote: post #109
owisd wrote: post #39

Earlier quoted context omitted.

Not ruled a monopoly only in the market of digital mobile gaming transactions. But it’s not illegal to be a monopoly, the judge still ruled they broke competition law by banning Epic from linking to their own store front.

And yet the judge let the ban stand…

[deleted]

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#145

Post by sparrowInHand »

sylware wrote: post #144

Until it is not money laundering... The hard part is to sort the "good apples" from the "bad apples" (pun intended)... And I would not be surprised to see some "too good" apples disturbing Big Tech and its friends being sorted as "bad apple"...

Sort of if you break the under-standards- like BG3 - you get sorted as money laundring or gambling?

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#146

Post by DannyBee »

I'm not sure what the textbook antitrust case they think exists here is, or why, and they literally don't explain.

Even funnier, none of the claims in the lawsuit are antitrust claims:

Count 1: Breach of Implied Covenant of Good Faith and Fair Dealing.

Count 2: Intentional Interference with Contractual Relations

Count 3: Intentional Interference with Prospective Economic Advantage

Count 4: Negligent Interference with Prospective with Prospective Economic Advantage

Count 5: Violations of Cal. Bus. & Prof. Code § 17200, ET SEQ.

(17200 is unfair trade practices, which is at least somewhat related to antitrust, but not actually an antitrust claim)

I do think you could make out plenty of good antitrust claims against Apple, but this would not be one of them.

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#147

Post by ecf »

arrosenberg wrote: post #123
ecf wrote: post #105

Earlier quoted context omitted.

> I find it ridiculous that we allow a private company to act as regulator over any sector of the economy, let alone one they have over 50% market share in. If you feel that way then there are countries with economic models that don’t allow this. Venezuela comes to mind. Maybe you should relocate there so you can experience the outcome of heavy handed government control.

Again with the hysterical straw man. Right now I'm experiencing the outcome of heavy handed corporate control. There are a whole range of outcomes between that and full state control of the markets. Do you believe that competitive markets are good? The App Store isn't one, I'm advocating for more competition, more trade and prosperity.

> Right now I'm experiencing the outcome of heavy handed corporate control

Except, you’re not? Nobody has a gun to your head forcing you to use an iPhone. There are other options instead of crying on the internet about how bad Apple is.

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#148

Post by LordDragonfang »

livueta wrote: post #125
LordDragonfang wrote: post #63

Earlier quoted context omitted.

> Or maybe someone would start a store for games that only allows up-front sales, no subscriptions, and no ads. [...] [Those] stores would filter out a huge amount of junk that’s currently on the Apple app store. While I'd love to live in a universe where this could actually happen, in reality this is a pipe dream. The reason the app store is full of freemium apps stuffed with ads and microtransactions is because tha…

The existence of F-Droid demonstrates the existence both of devs willing to list apps in restrictive "stores" and of users who seek such software. Even assuming commercialized stores, that proposed race to the bottom dynamic doesn't hold up - Walmart is not the only retailer. People are happy to pay for quality and curation.

I use F-Droid (mostly just for Termux) on Android. It's an entirely different thing than GP was proposing. It's a host for FOSS apps that don't expect to be paid for the delivery of their software. Its existence essentially zero effect on the existence of freemium/SaaS apps the play store, which is kind of evidence for my point.

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#149

Post by LordDragonfang »

AnthonyMouse wrote: post #68
LordDragonfang wrote: post #63

Earlier quoted context omitted.

> Or maybe someone would start a store for games that only allows up-front sales, no subscriptions, and no ads. [...] [Those] stores would filter out a huge amount of junk that’s currently on the Apple app store. While I'd love to live in a universe where this could actually happen, in reality this is a pipe dream. The reason the app store is full of freemium apps stuffed with ads and microtransactions is because tha…

> The reason the app store is full of freemium apps stuffed with ads and microtransactions is because that's overwhelmingly the thing that consumers choose But that's the problem with a generalist store. They're leaving too much money on the table to exclude those things, so they include them, and then the store is full of crap and you can't trust anything. If anyone could start a store then you could have a store op…

I feel like you're missing the point that the existence of such a niche store would have no effect on the "money left on the table" of the main app store. To affect the main store, they would have to

a) Put their app on the niche store and not on the main store (which would lose them money; fewer people will go to a niche store and buy a paid app than a freemium app. Therefore, developer have no incentive to do this)

b) Alternatively, they could release both the niche paid app and the free-main-store app, in which case consumers have little incentive to pick the pay-up-front one - so no change there.

Sure, such a store could exist (and should), but it will be a blip on Apple's radar (and all the more reason they should just allow sideloading)

Re: Japanese game publisher Digital Will has filed a lawsuit against Apple

#150

Post by arrosenberg »

ecf wrote: post #147
arrosenberg wrote: post #123

Earlier quoted context omitted.

Again with the hysterical straw man. Right now I'm experiencing the outcome of heavy handed corporate control. There are a whole range of outcomes between that and full state control of the markets. Do you believe that competitive markets are good? The App Store isn't one, I'm advocating for more competition, more trade and prosperity.

> Right now I'm experiencing the outcome of heavy handed corporate control Except, you’re not? Nobody has a gun to your head forcing you to use an iPhone. There are other options instead of crying on the internet about how bad Apple is.

App store bud, try and focus. No one is claiming Apple has a problem on the hardware side. If I buy an iPhone, can I get any apps I want? No, I have to use the Apple app store. Vertical integration is anticompetitive and de jure illegal. I’m sorry you don’t understand the concepts of antitrust law, try reading the Tim Wu book.
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