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thedextriarchy's profile
Adi Robertson
Adi Robertson
Adi Robertson
Verified account
@thedextriarchy

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Adi RobertsonVerified account

@thedextriarchy

Procrastinating on the future, senior reporter for The Verge.

NYC
Joined November 2009

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    1. Adi Robertson‏Verified account @thedextriarchy May 24

      Everyone is confused now about whether the iPad should count as a mobile gaming device. Judge settles on "Android/iOS mobile gaming” as a category. Bornstein seems relatively satisfied with the idea of this as a category.

      2 replies 5 retweets 39 likes
      Show this thread
    2. Adi Robertson‏Verified account @thedextriarchy May 24

      It’s not the market Epic advocated for (they want all iOS app distribution), but Bornstein says it makes more sense than Apple’s category where the market is all digital game transactions.

      1 reply 1 retweet 18 likes
      Show this thread
    3. Adi Robertson‏Verified account @thedextriarchy May 24

      Judge asks Apple’s lawyer: how would it affect you if I decided the relevant market was mobile gaming? Apple’s lawyer: “That would make me very sad."

      5 replies 58 retweets 243 likes
      Show this thread
    4. Adi Robertson‏Verified account @thedextriarchy May 24

      Judge and Apple’s Swanson now talking through the tests that would be required to demonstrate anti-competitive conduct is taking place.

      1 reply 3 retweets 22 likes
      Show this thread
    5. Adi Robertson‏Verified account @thedextriarchy May 24

      Judge says there’s some California legal precedent that violating the “spirit” of antitrust laws can be a legal issue even without a strict traditional monopoly under the Sherman Act.

      1 reply 9 retweets 42 likes
      Show this thread
    6. Adi Robertson‏Verified account @thedextriarchy May 24

      So there’s the possibility that Apple could be violating the law and have to change its behavior *only* in California, judge says.

      1 reply 6 retweets 36 likes
      Show this thread
    7. Adi Robertson‏Verified account @thedextriarchy May 24

      Now we’re moving onto more market definition questions.

      1 reply 3 retweets 20 likes
      Show this thread
    8. Adi Robertson‏Verified account @thedextriarchy May 24

      We’re discussing the FTC v. Qualcomm case, where an appeals court reversed a win for the FTC — trying to compare whether this is a similar case.https://en.wikipedia.org/wiki/FTC_v_Qualcomm …

      1 reply 4 retweets 20 likes
      Show this thread
    9. Adi Robertson‏Verified account @thedextriarchy May 24

      I’m not strong on this part of the law, but the court is going over the test for whether Apple had a “less restrictive alternative” that would have produced the results it wanted around the App Store while being less anti-competitive.

      1 reply 1 retweet 22 likes
      Show this thread
    10. Adi Robertson‏Verified account @thedextriarchy May 24

      We’re wrapping up relevant markets, with Epic’s Bornstein making final points. He’s objecting to defining the market as games. 1) “Epic of course is not just a games company.” (Judge says yes, she gets it.) 2) Antitrust law looks at aggregate markets, not individual companies.

      2 replies 2 retweets 29 likes
      Show this thread
      Adi Robertson‏Verified account @thedextriarchy May 24

      Get the feeling Judge Rogers is extremely done with “what is a game” discourse.

      9:19 AM - 24 May 2021
      • 21 Retweets
      • 163 Likes
      • Captain Spotlight Donald Schepis Blake Stuparyk assasink16 Charlie Ewing Dr. Joseph A Brown Kinrany Alejandro Aguirre
      4 replies 21 retweets 163 likes
        1. New conversation
        2. Adi Robertson‏Verified account @thedextriarchy May 24

          Apple complains Epic has decided to “lump non-substitutes together” in order to create one giant lump iOS transactions market.

          1 reply 1 retweet 24 likes
          Show this thread
        3. Adi Robertson‏Verified account @thedextriarchy May 24

          Bornstein is trying to raise complaints that developers have, even of free apps that don’t pay commissions — like people getting ads placed above their searches. Rogers is skeptical.

          2 replies 2 retweets 21 likes
          Show this thread
        4. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge points out there are 1.8 million apps in dozens of categories. “I think as a practical matter, if you have 100,000 apps in a category, and people are complaining they’re not at the top of the list?” That’s not necessarily a reasonable complaint, she says.

          1 reply 4 retweets 43 likes
          Show this thread
        5. Adi Robertson‏Verified account @thedextriarchy May 24

          Meanwhile, “yes, there are some complaints about search,” Apple’s lawyer says, but developers are still happy with the App Store.

          2 replies 0 retweets 23 likes
          Show this thread
        6. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge notes that this trial has probably been great advertising for Down Dog, the yoga app whose creator testified in the first week.

          3 replies 2 retweets 46 likes
          Show this thread
        7. Adi Robertson‏Verified account @thedextriarchy May 24

          Epic points out the report about the App Store’s allegedly high profit margins as he wraps up. Even though Apple says it doesn’t track these numbers, “the numbers are the numbers, and the numbers don’t lie.”

          1 reply 2 retweets 27 likes
          Show this thread
        8. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge expresses doubt about this, says Tim Sweeney admitted Epic also doesn’t do itemized profits & loss. Lawyer says that Apple clearly produced charts that show numbers (even if it said they weren’t totally accurate/fair), and there’s no evidence Epic had comparable ones.

          1 reply 1 retweet 32 likes
          Show this thread
        9. Adi Robertson‏Verified account @thedextriarchy May 24

          Adi Robertson Retweeted Leah AntiTrustButVer1fy Nylen

          We’re done with market definition and going to talk about company conduct with Apple’s Veronica Moye. She’s trying to counter a report the judge cited last week that showed 39% of App Store developers were dissatisfied.https://twitter.com/leah_nylen/status/1396867347944771591 …

          Adi Robertson added,

          Leah AntiTrustButVer1fy NylenVerified account @leah_nylen
          Moye: Starting with developer satisfaction. The survey was done in 2017. That slide reported results on satisfaction with discovery of apps. If you look at App Store developer satisfaction overall, 64% said they were satisfied and 22% were dissatisfied.
          Show this thread
          2 replies 4 retweets 25 likes
          Show this thread
        10. Adi Robertson‏Verified account @thedextriarchy May 24

          “The record is replete with examples of responsiveness” to developer feedback at Apple, says Moye.

          2 replies 1 retweet 21 likes
          Show this thread
        11. Adi Robertson‏Verified account @thedextriarchy May 24

          Apple’s Moye going through all the commission reductions that Apple has made since the App Store launched, i.e. the Video Partner Program and the Small Business Program.

          2 replies 1 retweet 23 likes
          Show this thread
        12. Adi Robertson‏Verified account @thedextriarchy May 24

          Moye: Even if the Small Business Program was introduced because of litigation (something judge suggested), it’s still pro-competitive. “Does that mean that we have to wait for people to sue Apple?” judge asks. “How can you reasonably say that should be a competitive driver?"

          1 reply 17 retweets 68 likes
          Show this thread
        13. Adi Robertson‏Verified account @thedextriarchy May 24

          Epic’s Bornstein argues Apple’s APIs, etc. aren’t part of the App Store, and developer satisfaction surveys are skewed by people liking tools like APIs but liking the App Store much less.

          1 reply 2 retweets 22 likes
          Show this thread
        14. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge to Epic’s lawyer: “You made a reference to the lack of price decrease,” but there are other factors like output/quality. “What specific direct evidence is there of anticompetitive effects?"

          1 reply 2 retweets 20 likes
          Show this thread
        15. Adi Robertson‏Verified account @thedextriarchy May 24

          Epic’s Bornstein cites higher prices and lower innovation specifically in the market for app distribution and in-app payment options. (As opposed to phone tech, etc.)

          1 reply 1 retweet 19 likes
          Show this thread
        16. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge asks him to be more specific, but he sticks with “lower prices” and “higher quality”.

          1 reply 1 retweet 20 likes
          Show this thread
        17. Adi Robertson‏Verified account @thedextriarchy May 24

          Apple’s Moye disagrees with Epic about Apple’s developer tools not being a part of the store. “These tools are provided to developers so they can have apps on the store,” and Apple invests many resources into building them.

          1 reply 2 retweets 25 likes
          Show this thread
        18. Adi Robertson‏Verified account @thedextriarchy May 24

          Moye reiterates that consumers specifically buy an iOS device for “Apple’s long-standing brand promise” of better safety and security, and if they want an alternative model, they’re free to get an Android device.

          1 reply 3 retweets 34 likes
          Show this thread
        19. Adi Robertson‏Verified account @thedextriarchy May 24

          Moye is criticizing Epic’s last-minute “desperate attempt” to “scrounge up” witnesses unhappy with Apple. (They were trying to bring someone on Friday.) Judge says “that’s not quite fair” — notes Down Dog and Match Group had testimony ready right at the beginning of the trial.

          2 replies 3 retweets 27 likes
          Show this thread
        20. Adi Robertson‏Verified account @thedextriarchy May 24

          Conversely Moye says Apple didn’t try to engage in “theatrics” like Epic’s strategy of calling up developers.

          1 reply 2 retweets 29 likes
          Show this thread
        21. Adi Robertson‏Verified account @thedextriarchy May 24

          Now we’re talking about anti-steering provisions, comparing to the AmEx case that found they were legal. Judge says Apple’s “hiding” of alternate payment options could be anticompetitive even under that precedent.

          1 reply 8 retweets 40 likes
          Show this thread
        22. Adi Robertson‏Verified account @thedextriarchy May 24

          Apple’s Moye says there’s “nothing unique or unusual” about adding anti-steering rules for efficiency. Rogers jumps in: Cook said himself it wasn’t about efficiency! “I understand Apple has a right in my view for its intellectual property,” but that’s a different reason.

          2 replies 5 retweets 38 likes
          Show this thread
        23. Adi Robertson‏Verified account @thedextriarchy May 24

          If you’re coming new to the anti-steering stuff, here’s what was happening earlier in the trial:https://www.theverge.com/2021/5/11/22431356/epic-v-apple-anti-steering-ios-fortnite-subscriptions-web-day-7 …

          1 reply 2 retweets 29 likes
          Show this thread
        24. Adi Robertson‏Verified account @thedextriarchy May 24

          Moye: “We believe it’s a legitimate business justification to not have people have links on the App Store —” Judge stops her: Okay, why not just a note saying there are more options online? Moye says it would be like having a sign at Nordstrom’s telling people to buy at Macy’s.

          4 replies 4 retweets 34 likes
          Show this thread
        25. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge Rogers says that if you go to Nordstrom’s you might not see a Macy’s sign, but you can see signs indicating you can pay through several methods, i.e. Visa/MasterCard/AmEx — so what if App Store payment processing is more like that?

          2 replies 7 retweets 46 likes
          Show this thread
        26. Adi Robertson‏Verified account @thedextriarchy May 24

          Adi Robertson Retweeted Leah AntiTrustButVer1fy Nylen

          Epic’s Bornstein is going over the finer points of exactly how developers are allowed to market to users:https://twitter.com/leah_nylen/status/1396876545868894215 …

          Adi Robertson added,

          Leah AntiTrustButVer1fy NylenVerified account @leah_nylen
          YGR: Fortnite sends emails to Mr. Schiller who signed up. If someone has the email, then they can send that information? Bornstein: there are different categories of apps under the rules. 3.1.1 and 3.1.3 cover different apps and apply slightly differently.
          Show this thread
          1 reply 1 retweet 17 likes
          Show this thread
        27. Adi Robertson‏Verified account @thedextriarchy May 24

          Adi Robertson Retweeted

          Here’s a little more context on the provision that Apple and Epic are currently arguing about the meaning of: https://twitter.com/StephenNellis/status/1396876596795957248 …

          Adi Robertson added,

          This Tweet is unavailable.
          1 reply 4 retweets 24 likes
          Show this thread
        28. Adi Robertson‏Verified account @thedextriarchy May 24

          Apple’s argument is basically that developers can totally email consumers with promotions, but they can’t specifically send targeted emails to users who have just signed up telling them they can get something cheaper by going elsewhere.

          2 replies 0 retweets 21 likes
          Show this thread
        29. Adi Robertson‏Verified account @thedextriarchy May 24

          “Epic has not raised a legal claim here saying it has been harmed as a result of any anti-steering provisions,” Moye says — in fact, no evidence anyone has. Judge notes Down Dog certainly said they were harmed. There’s a little back-and-forth, but judge sticks to her guns on it.

          2 replies 2 retweets 28 likes
          Show this thread
        30. Adi Robertson‏Verified account @thedextriarchy May 24

          Judge Rogers and Epic’s Bornstein are talking about the circumstances under which developers can get email addresses. Bornstein complains devs have to go through a separate step of asking for one — Rogers says that might be privacy-preserving for the user.

          2 replies 2 retweets 26 likes
          Show this thread
        31. Adi Robertson‏Verified account @thedextriarchy May 24

          Bornstein says if we’re doing a mall analogy, it would be like if you shop at a chain store like Under Armour, that store could have signs saying it has outlets at other locations — even though stores are paying the mall to be there.

          1 reply 2 retweets 31 likes
          Show this thread
        32. Show replies

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