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Epic vs. Google: Google Loses

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Re: Epic vs. Google: Google Loses

#761
post #379

Couple of thoughts for HN as a lawyer: 1. The fact that Google lost here doesn't bind or affect apple. Jury verdicts aren't binding on any party other than those in the lawsuit. Apple may or may not be found to violate the law in a separate case. 2. Interesting no one has mentioned Epic's Chinese ownership. I could see Google complaining to us govt that it's unfair for Chinese tech to win these court cases against US…

while they do have pretty deep ties to tencent and are 40% owned by them, they’re not really chinese-owned since Epic is majority-owned by Tim Sweeney, a billionaire programmer on the Forbes 500 who mostly escapes criticism from programmers and game devs by branding himself as a savior for indie devs, which people accept uncritically because he likes to go on twitter and affirm their priors. He’s a highly effective n…

That’s a little unfair. Unreal Engine is very fair for indie devs. So is Epic Games stores.

Fighting to challenge the 30% tax is also good for indie devs. Without that, the 15% on first 1mil would’ve never happened.

Re: Epic vs. Google: Google Loses

#762
post #657

Earlier quoted context omitted.

You can choose either one, or any other phone operating system. Nobody's obligated to make a popular phone operating system that satisfies all your desires.

I didn't say anyone is obligated to make an open popular phone OS. I just asked what is my option if I dislike lockins and tracking.

Pinephone.

Re: Epic vs. Google: Google Loses

#763
post #350
post #328

Earlier quoted context omitted.

Well, it’s common law, not civil law. So lawyers, juries, judges and so on all heavily influenced the Epic Games v Apple outcome, as they did in Epic Games v Google. The next time someone sues Apple for this, there will be precedent. But then again, Epic Games v Apple might be used as precedent in Google’s appeal. EDIT/correction: Apparently, only appellate and higher courts can set precedent for case law. So it migh…

>The next time someone sues Apple for this, there will be precedent. Trial courts don't set precedent, only an appellate court or higher can set a precedent, and that precedent is only binding on lower courts. Since trial courts are the lowest courts, their decisions are not binding on any future trial and as a general matter do not set any kind of precedent.

Appellate courts set binding precedent, but district courts routinely look to eachother for guidance on how to rule on questions where there is no circuit/SCOTUS ruling.

Similarly, a judge in one circuit may look to the decision of a different circuit court when their own circuit has yet to rule on an issue, even though a different circuit’s opinion does not bind them.

In this case, however, the issue was ultimately put before a jury which doesn’t produce the kind of written decision that other judges would look to when deciding similar cases.

Re: Epic vs. Google: Google Loses

#764

Earlier quoted context omitted.

This is a bit of a tangent, but I want to discuss how deviously literal the Supreme Court decided to be in order to avoid letting anyone establish any precedent about what was or wasn't a legal abortion. The original filing said "It is also Dr. Karsan’s good faith belief and medical recommendation that that the Emergent Medical Condition Exception to Texas’s abortion bans and laws permits an abortion in Ms. Cox’s cir…

What I never understood is how Republicans can be for one type of abortion say before 6 weeks but not for 15 weeks? What is their rationale? If Bible says that abortion is murder, and life begins at conception, then how can they allow abortion at 6 weeks and vote for that?

But that argument goes both ways? Why should abortion be legal at 9 month but killing a born infant being one day older is murder? And if it is not then what is the cutoff point? The previous schelling point of viability (which was moved earlier over time by medical progress) also is unconvincing.

Time limits can be a pragmatic and tested solution. I think most European countries use 12 to 15 weeks.

Re: Epic vs. Google: Google Loses

#765

Earlier quoted context omitted.

It really doesn't matter who is worse morally here, just both situations are bad for consumer choice. I find it amazing that Apple things it is okay to attempt to take 15% of Audible revenue if they allowed you to buy books in the app, for example.

Both are bad for consumers, but one is worse. A locked garden is a locked garden. But a locked garden that you go into knowing it's a locked garden is better than a locked garden that advertises itself as open and then locks you in. Both are locked gardens; one is also false advertising.

I don't think it's false advertising to say that Android has alternative app stores. I primarily use apps from an alternative store and it works well.

Re: Epic vs. Google: Google Loses

#766
post #104

Earlier quoted context omitted.

Apple offers the same kinds of deals (see Netflix discussions) though there the rationales are different, which leads to sweatier "Apple has to offer deals because their value add is so bad, and having alternative app stores would help"-style arguments... I don't really know of a good legal argument there.

From 2018: > Netflix stops offering in-app subscriptions for new and returning customers on iOS https://www.theverge.com/2018/12/28/18159373/netflix-in-app-... Apple allows companies that have a free app used to access subscription content to sell the subscriptions on their own website without giving Apple a cut. Netflix used to allow you to pay though Apple to reduce the sales friction of needing to set up billing t…

Maybe they stopped new subscriptions, but I'm still paying for Netflix through Apple.

Re: Epic vs. Google: Google Loses

#767
post #738
post #707

Earlier quoted context omitted.

It's 30%. It's only 15% after 12 months of a customer rebilling which is statistically insignificant number, and it was only done as a carefully orchestrated PR move to make people think 15% when it's really 30 - as you have demonstrated

Is it statistically insignificant? My guess would be that sooner or later most subscribers are long term customers.

If it wasn't significant in terms of Apple's profits why would they not just charge 15%...

Re: Epic vs. Google: Google Loses

#768

Earlier quoted context omitted.

Why do you defend apples 30% tax on ios apps, and being the sole approver of what apps you can install on your device?

Maybe he is an Apple shareholder. There isn't really another logical explanation.

Msybe other people don’t really care that they can’t run apps on the AirPods?

People have agency to buy devices that meet their needs and desires, yet they purposefully buy devices that are on average twice as expensive than the literally hundreds of alternatives and then complain.

Why if you wanted to sideload wouldn’t you buy an Android phone? Why buy a game console and complain about it being locked down instead of just buying a gaming PC?

Re: Epic vs. Google: Google Loses

#769

Earlier quoted context omitted.

I just had a coworker say that he surreptitiously installed an app on his son’s phone that allowed him to see everything his son was doing remotely and listen in to his son’s conversations. He showed it to us in action.

Compare this to a desktop. The desktop spyware will be even more capable than the mobile spyware. And these sorts of child-tracking (and sadly, abused-partner-tracking) apps exist on both Android and iOS platforms.

What “child tracking” device on iOS lets you intercept phone calls, text messages and remotely monitor in real time what someone is doing on their phone?

Re: Epic vs. Google: Google Loses

#770

Earlier quoted context omitted.

> Apple doesn’t offer an App Store market and never has nor ever represented otherwise, the app store is and always has been part of the operating system. "Apple doesn't offer an App Store market" is just assuming the conclusion. Nobody expects you to get competing app stores from Apple -- you get them from Apple's competitors. What Apple ought to be in trouble for is interfering with their operating system customers…

> What Apple ought to be in trouble for is interfering with their operating system customers' ability to patronize competing app stores. This isn’t illegal. Equivalent to a “No outside food and drink” sign or not letting randos sell things in your own storefront It’s not illegal just because you don’t agree with the philosophy of a closed ecosystem

> This isn’t illegal. Equivalent to a “No outside food and drink” sign or not letting randos sell things in your own storefront

In that case, someone else owns the storefront. I own my phone, not Apple.

If Apple would like to claim that I merely lease my phone, they need to update all their marketing so it isn't misleading. They should also be on the hook for repairs (without AppleCare), and all the other responsibilities that typically accompany a leased product.

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