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Proprietary Software Problems and Apple's Monopoly

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  • University of Utah Pays $457K After Ransomware Attack [iophk: Windows TCO]

    Cyber insurance policies, like the one utilized by the University of Utah, is also changing the ransomware game, and has drawn concerns about how it will change the overall security landscape. For instance, some have wondered if companies could slack on proactive security measures if they have a fallback buffer of cyber-insurance.

  • Apple apologizes to WordPress, won’t force the free app to add purchases after all

    On Friday, the internet erupted in a small way to learn that Apple had successfully forced WordPress to monetize its free app — forcing it to sell premium plans and custom domain names seemingly just so that Apple could get its traditional 30 percent cut.

    But one afternoon and evening of surprise and outrage later, Apple is backing off. The company is issuing a rare on-the-record apology, and it says that WordPress will no longer have to add in-app purchases now that all is said and done.

    Here’s Apple’s full statement: [...]

  • Apple Reverses Move for WordPress to Add In-App Payments

    Apple Inc. on Saturday reversed course on a decision to force popular blogging platform WordPress to add in-app purchases to its app, a move that could help lessen tensions between Apple and developers amid a public battle with Epic Games.

    On Friday, WordPress said that Apple had informed it that it had 30 days to add in-app-purchases to its application, which would have given Apple a 30% cut of purchases of WordPress.com plans purchased via the app. Apple’s request was questioned by developers online as the WordPress app previously didn’t offer a way to purchase plans inside their app, rather just on its website.

  • Epic Games' App Store antitrust case against Apple reassigned to Oakland judge presiding over Pepper v. Apple and Cameron v. Apple class actions

    What remains to be seen is whether Epic's case against Google will end up in Oakland, too. Epic's two app distribution antitrust cases involve many common questions of law and fact. Maybe Epic v. Google will be consolidated with Epic v. Apple.

  • Fortnite's absence from Apple's App Store will be short-lived--here's why and on what basis Epic Games will put it back soon

    Epic Games provoked Fortnite's removal from the iOS App Store and the Android Play Store by running a promotion that circumvented the in-app payment rules of those platforms--and already had that Nineteen-Eighty-Fortnite video as well as two partly-overlapping antitrust complaints, each more than 60 pages long, prepared at the time.

    This legal dispute may very well take years to be resolved and go all the way up to the Supreme Court. Epic Games isn't seriously going to forgo its revenue opportunity on iOS (and Android) for the better part of the 2020s.

    Epic would have us all believe that they're idealistic freedom fighters, the Braveheart of the mobile app universe. Realistically, they're more principled than a self-serving Spotify (trying to capitalize on the fact that the EU presently has the least principled competition commissioner in the bloc's history), but neither are they prepared to die for this cause nor are they just drama queens (well, maybe to some degree if that YouTube video is any indication). At the end of the day, they're businesspeople running a company recently valued at $17.3 billion and trying to change some parameters in their favor. Also, I do find it credible that it's not only about money but also about their view of what would be fair.

  • Gibson Dunn lawyers to defend Apple against Epic Games' App Store antitrust action in the Northern District of California

    Gibson Dunn frequently represents Apple as well as parties whose interests are aligned with Apple's. The two most important cases of this kind that I've followed are the second Apple v. Samsung case in the Northern District of California and the Apple v. Qualcomm antitrust and contract litigation in the Southern District of California. In the latter case, Gibson Dunn worked for Apple's contract manufacturers (Foxconn/Hon Hai, Pegatron, Compal, and Wistron)--and squared off with the very firm on the other side that filed Epic Games' complaints against Apple and Google: Cravath, Swaine & Moore of New York City.

  • Apple gets more time to respond to Epic Games' motion for a temporary restraining order--Monday hearing postponed, case may be transferred to Oakland

    I've previously expressed doubts over whether this motion for a temporary restraining order (TRO) was truly as urgent as Epic's lawyers claimed. Originally they would have preferred a hearing to be held the same day, which would practically have required Judge Edward Chen to make a decision without the benefit of an opposition filing. With the court having vacated the Monday hearing, Apple's ultimatum for a termination of Epic's developer agreement may expire prior to a decision on the TRO motion. While there is no doubt that Epic sooner or later needs access to Apple's developer program, it's not like the Unreal Engine would instantly stop working for any of Epic's licensees in the event of a termination.

Pretend to have moral high ground when it comes to competition

  • Epic practically gives up on Fortnite, prioritizes Unreal Engine in reply brief pushing for temporary restraining order against Apple

    Epic's reply brief completely fails to address the legally most powerful part of Apple's opposition to the TRO motion: that Epic brought this situation upon itself, and "self-inflicted wounds" can't give rise to the requested type of relief in the Ninth Circuit. While Epic described as a "hotfix" its tactic of firstly running a Fortnite version by Apple that already contained the code for an alternative payment system and later triggering the display of that option to end users by means of data the Fortnite app retrieved from Epic's servers, Apple's opposition brief said this breach of a longstanding App Store rule became Epic's "hot mess."

    Epic's decision not to address the "self-inflicted wounds" part is consistent with my overall impression that they've already given up with respect to Fortnite--not formally in the sense of a partial withdrawal of the motion, but practically. They must have realized that Judge Yvonne Gonzalez Rogers is hardly going to force Apple to offer a Fortnite version via the App Store that clearly breaches Apple's terms. Instead, Epic's reply brief focuses on the Unreal Engine, arguing that even if Apple was in its right to terminate any Fortnite-specific Epic accounts, "the breadth of Apple's retaliation is itself an unlawful effort to maintain its monopoly and chill any action by others who might dare oppose Apple." By "breadth" Epic means that Apple terminated multiple accounts, and that there are two Epic legal entities: Epic Games, Inc. of Maryland and Epic Games International S.à.r.l. of Switzerland. However, Apple argues that all those Epic accounts are managed as one, and Apple generally terminates the contracts of affiliated entities when a major breach occurs.

  • Microsoft supports Epic Games' quest for temporary restraining order against Apple, stresses importance of Unreal Engine

    After Apple filed its opposition to Epic Games' motion for a temporary restraining order (TRO) in the App Store antitrust dispute in the Northern District of California, Judge Yvonne Gonzalez Rogers allowed the Fortnite and Unreal Engine maker to file a reply brief of up to 10 pages by 9 AM Pacific Time today.

    The very first document Epic's lawyers filed in this context is a declaration by Kevin Gammill, General Manager of Microsoft's Gaming Developer Experience division, supporting Epic against Apple by stressing the relevance of the Unreal Engine to Microsoft (this post continues below the document)...

  • Microsoft says Apple's move against 'Fortnite' creator would hurt its games

Microsoft Backs Epic...

  • Microsoft Backs Epic’s Apple Battle on Game Technology Access

    The graphics technology, known as Unreal Engine, is a suite of software used by millions of developers to build 3-D games and other products. Cutting off Epic from Apple’s iOS and Mac developer tools would mean the gaming company can no longer distribute Unreal Engine to other developers, Epic said in its legal filing. Microsoft, which makes the Xbox, uses the technology for games developed for consoles, PCs and mobile devices.

  • Microsoft Supports Epic Games, Says Apple Blocking Access to Unreal Engine Would Harm Game Creators

    In a declaration in support of Epic Games [PDF], Microsoft gaming executive Kevin Gammill wrote that "Apple's discontinuation of Epic's ability to develop and support Unreal Engine for iOS or macOS will harm game creators and gamers." Specifically, Gammill said that games utilizing Unreal Engine will be put at a "substantial disadvantage," citing Microsoft's own racing game Forza Street for iPhone and iPad as an example.

  • [Old] Fear of collateral damage in Apple battle with ‘Fortnite’ maker

    Unreal Engine is used by thousands of developers to create some of the top games in the App Store including PlayerUnknown’s Battlegrounds, which “alone is installed on hundreds of millions of mobile devices”, Epic said in its legal filing. If the engine can no longer be updated, it will impact third-party developers caught in the crossfire.

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