Month: January 2024
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Epic Games formally tells U.S. court Apple isn’t complying with App Store injunction, announces contempt motion
Context: On January 16, 2024, Epic Games’ 2021 anti-anti-steering injunction under California law (but of nationwide scope and to the benefit of all app makers in the U.S.) entered into force after the Supreme Court of the United States declined to hear the matter (games fray article). Within hours, Apple filed an obviously prepared notice…
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Microsoft criticizes Apple’s new EU rules: what this means for Xbox app store, xCloud iOS app, UK CMA investigation
Microsoft Xbox president Sarah Bond called on Apple to be constructive and shared a much more aggressive statement on Apple’s new EU app rules by Spotify. It’s important to distinguish between the cloud gaming issue, which is a worldwide rlue change and where the UK CMA won’t let Apple off the hook too easily.
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Explaining the disproportionate impact of Apple’s 50-cent fee in response to the EU Digital Markets Act
Apple’s fee of 50 eurocents (US$0.54) per user per year if developers wish to distribute via alternative app stores has an effect that is way bigger than the seemingly small number suggests.
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Apple’s FRAND-centric litigation strategy against the EU’s DMA protects its monopoly rents for years
Based on further analysis, games fray is now in a position to explain Apple’s litigation strategy with a view to foreseeable DMA enforcement efforts by the European Commission and/or private parties. To enable effective competition, it will be inevitable to determine so-called FRAND rates.
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No sideloading, no viable payment alternatives, no truly competitive app stores: Apple’s new EU rules render Digital Markets Act pointless
Contary to widespread misbelieve and misreporting, Apple is not really opening up app distribution in the EU. Plus ça change… The simplest example of misinformation: the truth is that sideloading isn’t allowed.
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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 FTC notes that Microsoft’s motion to reopen discovery
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Saber-rattling: The Pokémon Company threatens potential litigation over Palworld—apparently unsure of merits
Without naming Palworld but uniquely describing it, the Pokémon Company has declared its intent to analyze potential intellectual property infringement claims over Palworld. This article interprets that statement and discusses hypothetical enforcement strategies as well as whether Pocket Pair could now take action against the Pokémon Company.
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Game and other app makers can take billions of dollars away from Apple every year with this strategy, leveraging Epic’s U.S. injunction
While Apple’s new link and button rules for apps in the U.S. market are hard to overcome, there is a workaround that games fray has identified and describes in this article.
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Apple’s plan for compliance with Epic’s U.S. injunction makes only link-free promotions of alternative purchasing options viable
Apple will tax purchases made on external websites at a rate of 27% (or 12% for small developers) if developers make an attempt to benefit from Epic’s U.S. anti-anti-steering injunction. An attempt that will be futile for various other reasons as well.
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Microsoft makes new push to quiz (and impeach) Sony on 10-year Call of Duty deal and to join Ubisoft’s deposition: FTC/ABK
As predicted by games fray, Microsoft’s lawyers filed a motion on Tuesday to reopen discovery in the FTC’s in-house proceedings concerning the acquisition of Activision Blizzard. They wish to join the depositions of Sony (February 8) and Ubisoft (possibly January 31).