Tag: lawsuit

08
Oct
2020
Posted in technology

Lawsuit alleges Apple blocks cloud gaming apps to stifle Apple Arcade competition

A new class action lawsuit alleges that Apple enjoys monopoly power in the iOS mobile gaming marketplace, and exhibits anticompetitive behavior to keep it that way.

The complaint, lodged in the U.S. District Court for the Northern District of California, claims that Apple has “unlawfully [foreclosed] competition” through “persistent, pervasive, and secretive” misconduct.

New Jersey man John Pistacchio, the plaintiff in the case, claims to be paying “supracompetitive prices” for Apple Arcade as a result of the company’s alleged anticompetitive behavior.

More specifically, the lawsuit suggests that Apple exerts monopoly power over the iOS App Store by requiring developers to follow its app guidelines and by prohibiting third-party app stores. It adds that developers and app publishers are “powerless to constrain” Apple’s conduct by refusing to publish apps on iOS.

“No developer or group of developers have sufficient power to entice enough iOs users to leave iOS, such that developing apps solely for other platforms would be profitable,” the complaint reads, suggesting that companies like Microsoft, Facebook, and Google fall into that category.

The complaint goes on to claim that Apple exhibits anticompetitive behavior to maintain its monopoly status in iOS subscription-based gaming services.

Those alleged anticompetitive behaviors include imposing technical restrictions to prevent users from playing other services besides Apple Arcade; imposing contractual restrictions on developers; abusing its app review guidelines to protect its monopoly; and rejecting cloud-based subscription platforms.

It cites several instances of alleged anticompetitive behavior, such as Apple’s prohibition on cloud gaming apps like Xbox Game Pass and its treatment of gaming services like Facebook Gaming.

Furthermore, the lawsuit suggests that Apple blocks competing game services not because they violate its app review guidelines, but because they are rivals to Apple Arcade. (Apple Arcade, in fact, complies with all of Apple’s own guidelines.)

“Apple

03
Oct
2020
Posted in technology

Case closed: California judge ends SpaceX’s lawsuit against the U.S. Air Force

The judge said the Air Force’s actions were not arbitrary, capricious, or in violation of the law, and that SpaceX was not entitled to any relief in this action.”

WASHINGTON — A California judge Oct. 2 officially ended SpaceX’s 18-month-long lawsuit against the U.S. Air Force. Following a Sept. 24 ruling denying SpaceX’s claim, the judge on Friday ordered the case to be closed. 

U.S. District Court Judge Judge Otis Wright II of the Central District of California on Sept. 24 ruled against SpaceX in its legal complaint over contracts the U.S. Air Force awarded in October 2018 to United Launch Alliance, Northrop Grumman and Blue Origin. 

The judge’s Sept. 24 order, first reported by Reuters, was sealed by the court because it contained sensitive information.

In the Oct. 2 motion to close the case, the judge noted that his Sept. 24 order denied SpaceX’s claim, “concluding that the Air Force’s actions were not arbitrary, capricious, or in violation of the law, and that SpaceX was not entitled to any relief in this action.”

SpaceX first filed the complaint May 17, 2019, with the Court of Federal Claims. The company argued that the Air Force gave an unfair advantage to the other companies by awarding them Launch Service Agreements and excluding SpaceX. 

After the Court of Federal Claims ruled that it lacked jurisdiction, the case was transferred in August 2019 to the U.S. District Court of the Central District of California.

The Air Force awarded Launch Service Agreements contracts to Blue Origin ($500 million), United Launch Alliance ($967 million) and Northrop Grumman ($762 million) to help the companies defray the costs of developing new rockets and infrastructure as they competed for a launch service procurement contract. 

SpaceX’s proposal for a Launch Service Agreement contract was to leverage its Starship

29
Sep
2020
Posted in technology

US to bring lawsuit against Google for ad, search dominance

Nubia Z20 status bar and Google search bar 9

  • The US Department of Justice is expected to sue Google as soon as next week.
  • It’s believed that the lawsuit accuses Google of putting search rivals at a disadvantage.
  • The department is also said to be investigating search advertising under Google’s search box.

Google has faced several legal challenges in recent years regarding its search and advertising business, and it looks like the US is next in line to take aim at the company.

According to Reuters, citing three sources familiar with the matter, the US Department of Justice is set to file a lawsuit against Google as soon as next week. It’s alleged that the department is also calling on state attorneys general to sign onto the suit.

The lawsuit reportedly accuses Google of trying to put search rivals such as Bing at a disadvantage. More specifically, it’s claimed that Google deprives rivals of “the data about users and user preferences” that these rivals need to improve their services and advertising.

Reuters says the Department of Justice is also focusing on search advertising that appears under Google’s search box, noting that Google controls these search boxes and the associated tools.

Recent actions against Google

This wouldn’t be the first time Google came under fire for its search and advertising practices, as the European Commission levied a €1.49 billion (~$1.7 billion) fine against Google last year for online advertising abuse.

The EU found that Google barred rival search advertisers — such as Bing and Yahoo — from displaying ads on publishers’ search pages. The EU also found that publishers had to get written approval from Google before making visual changes to rival ads.

Google was also fined almost $5 billion by the EU in 2018 for abusing its dominant position in the Android space. The EU took issue with