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Epic argues Apple should return Fortnite to the App Store in new filing – MobileSyrup

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As the week closed out, a couple of court filings pushed the ongoing litigation between Epic, Apple and Google slowly forward. One filing from Google says the search giant will seek to dismiss Epic’s lawsuit, while a last-minute filing from Epic Friday evening ahead of the long weekend sought a preliminary injunction against Apple’s Fortnite ban.

Let’s start with Epic’s filing. In a 38-page (not including several additions) motion, Epic Games laid out its argument for the court to force Apple to let Fortnite back on the App Store.

You may recall that the courts previously decided to allow Apple to remove Epic’s developer account, which not only prevented updates to Fortnite (which was still accessible on devices that had it installed or had previously installed it before the ban) but also removed other games and software made by Epic.

Courts felt Epic bore some blame for the Fortnite ban

At the time, the courts also decided Apple could not target Epic’s other developer accounts, such as the one for Unreal Engine — a critical part of Epic’s business and used by many to create games, movies and more. The decisions concluded that Epic bore partial blame for the Fortnite ban since it intentionally broke Apple’s App Store rules and so the courts shouldn’t intervene since Epic could remedy the situation itself.

To be clear, that isn’t indicative of how the courts will rule regarding the lawsuit, since the issue at hand isn’t whether Epic broke Apple’s rules, but whether the rules are fair in the first place. For those who haven’t followed the ongoing fight between the companies, Epic updated its Fortnite game with a direct payment system that allowed players to pay Epic directly for content. The company made this available beside Apple’s in-app payment system. Developers who use Apple’s system must give the company a 30 percent cut of every purchase made through it. However, Apple’s App Store rules prevent the use of third-party payment systems, which Apple used as the basis for banning Fortnite.

As such, the courts felt that Epic could remedy its situation by removing the direct payment system. Apple agreed it would let Fortnite back on the App Store if Epic did so. However, the company refused, arguing doing so would support Apple’s monopoly over payments on the App Store.

Epic argues the Fortnite ban may have caused permanent harm

Now, Epic’s new filing argues that Apple harmed more than its reputation by banning Fortnite. In the filing, the company says daily active users on iOS declined by over 60 percent after Fortnite was removed from the App Store. It’s important to remember here that people who already had the game could keep playing.

However, a crucial issue was that the game’s removal meant Epic could no longer update Fortnite. As such, when the game’s latest season of content launched, Fortnite on iOS and macOS essentially became a separate game. Players were locked to old content and cross-play, a feature that lets people on different platforms play together, stopped working. In other words, those who play Fortnite on Apple devices can now only so with other Apple device users.

Further, Epic argues that iOS is the biggest Fortnite platform with 116 million registered users, about a third of the 350 million registered users Fortnite has in total. Epic also claims 63 percent of the iOS players only access the game through iOS.

The company says it’s worried the players lost in the 60 percent decline may not come back, and that the Fortnite community was torn apart by Apple’s ban. Finally, Epic says some of its other non-Fortnite customers were collateral damage, referring to Apple’s removal of Epic’s developer account and the subsequent removal of related Epic software from the App Store.

Finally, Epic accused Apple of threatening to deny the company’s attempts to apply for a new developer account “for at least a year.” Epic quotes a communication from Apple and argued that the harm caused by Apple denying it access to the more than one billion iOS users for at least a year is worth creating a preliminary injunction for.

Apple unsurprisingly did not respond to The Verge’s request for comment, or to Epic’s filing, since this all came about on Friday evening ahead of a long weekend.

Those interested in reading the full filing can find it here.

Google looking to dismiss Epic’s lawsuit

Earlier in the week, Google said it would seek to dismiss Epic’s lawsuit in a filing. Similar to the Apple situation, Epic filed a lawsuit against Google after the company removed Fortnite from the Play Store on Android. Of course, the situation is different on Android than on iOS since users can still install Fortnite from outside the Play Store.

Aside from seeking to dismiss Epic’s lawsuit, Google indicated in the filing that it was against merging the lawsuit and Epic’s ongoing battle with Apple into one legal challenge.

That doesn’t come as much of a surprise — it’s a safer play to let Apple go first, take the heat and then build a defence based on the outcome. For example, if Apple wins against Epic, Google has an easy case to make that the Play Store isn’t much different. On the other hand, if Apple loses, Google can argue that Android is more open and allows developers to bypass the Play Store. While true, Epic has previously accused Google of using its control over Android and the Play Store to disadvantage apps from third-party sources.

All this is to say what comes next will be both interesting and important, both in the Apple and Google lawsuits. On the Apple side, where hearings are scheduled for September 28th, the final decision will have a massive and lasting impact on how companies can manage digital storefronts. Considering many digital stores, including those run by Microsoft, Sony and Nintendo on consoles, apply similar rules to Apple and collect 30 percent of sales made on their platform, legal precedent set by this lawsuit could have a wide-sweeping impact.

As for the Google lawsuit, the significance largely depends on whether it merges with the Apple lawsuit or not. If it does, then the verdict will be similarly important. If the Epic vs Google lawsuit remains separate, it could potentially set separate precedent around what constitutes an open platform. As mentioned above, Android allows for other storefronts and installing apps from outside the Play Store, albeit with limitations. The question is whether those limits help Google maintain a monopoly over digital sales on Android, or if it offers enough competition for Google to dodge antitrust violations.

Source: The Verge, Android Police

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How to Preorder the PlayStation 5 Pro in Canada

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Sony has made it easy for Canadian consumers to preorder the PlayStation 5 Pro in Canada directly from PlayStation’s official website. Here’s how:

  • Visit the Official Website: Go to direct.playstation.com and navigate to the PS5 Pro section once preorders go live on September 26, 2024.
  • Create or Log in to Your PlayStation Account: If you don’t have a PlayStation account, you will need to create one. Existing users can simply log in to proceed.
  • Place Your Preorder: Once logged in, follow the instructions to preorder your PS5 Pro. Ensure you have a valid payment method ready and double-check your shipping information for accuracy.

Preorder Through Major Canadian Retailers

While preordering directly from PlayStation is a popular option, you can also secure your PS5 Pro through trusted Canadian retailers. These retailers are expected to offer preorders on or after September 26:

  • Best Buy Canada
  • Walmart Canada
  • EB Games (GameStop)
  • Amazon Canada
  • The Source

Steps to Preorder via Canadian Retailers:

  • Visit Retailer Websites: Search for “PlayStation 5 Pro” on the website of your preferred retailer starting on September 26.
  • Create or Log in to Your Account: If you’re shopping online, having an account with the retailer can speed up the preorder process.
  • Preorder in Store: For those who prefer in-person shopping, check with local stores regarding availability and preorder policies.

3. Sign Up for Notifications

Many retailers and websites offer the option to sign up for notifications when the preorder goes live. If you’re worried about missing out due to high demand, this can be a useful option.

  • Visit Retailer Sites: Look for a “Notify Me” or “Email Alerts” option and enter your email to stay informed.
  • Use PlayStation Alerts: Sign up for notifications directly through Sony to be one of the first to know when preorders are available.

4. Prepare for High Demand

Preordering the PS5 Pro is expected to be competitive, with high demand likely to result in quick sellouts, just as with the initial release of the original PS5. To maximize your chances of securing a preorder:

  • Act Quickly: Be prepared to place your order as soon as preorders open. Timing is key, as stock can run out within minutes.
  • Double-Check Payment Information: Ensure your credit card or payment method is ready to go. Any delays during the checkout process could result in losing your spot.
  • Stay Informed: Monitor PlayStation and retailer websites for updates on restocks or additional preorder windows.

Final Thoughts

The PlayStation 5 Pro is set to take gaming to the next level with its enhanced performance, graphics, and new features. Canadian gamers should be ready to act fast when preorders open on September 26, 2024, to secure their console ahead of the holiday season. Whether you choose to preorder through PlayStation’s official website or your preferred retailer, following the steps outlined above will help ensure a smooth and successful preorder experience.

For more details on the PS5 Pro and to preorder, visit direct.playstation.com or stay tuned to updates from major Canadian retailers.

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Introducing the PlayStation 5 Pro: The Next Evolution in Gaming

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Since the PlayStation 5 (PS5) launched four years ago, PlayStation has continuously evolved to meet the demands of its players. Today, we are excited to announce the next step in this journey: the PlayStation 5 Pro. Designed for the most dedicated players and game creators, the PS5 Pro brings groundbreaking advancements in gaming hardware, raising the bar for what’s possible.

Key Features of the PS5 Pro

The PS5 Pro comes equipped with several key performance enhancements, addressing the requests of gamers for smoother, higher-quality graphics at a consistent 60 frames per second (FPS). The console’s standout features include:

  • Upgraded GPU: The PS5 Pro’s GPU boasts 67% more Compute Units than the current PS5, combined with 28% faster memory. This allows for up to 45% faster rendering speeds, ensuring a smoother gaming experience.
  • Advanced Ray Tracing: Ray tracing capabilities have been significantly enhanced, with reflections and refractions of light being processed at double or triple the speed of the current PS5, creating more dynamic visuals.
  • AI-Driven Upscaling: Introducing PlayStation Spectral Super Resolution, an AI-based upscaling technology that adds extraordinary detail to images, resulting in sharper image clarity.
  • Backward Compatibility & Game Boost: More than 8,500 PS4 games playable on PS5 Pro will benefit from PS5 Pro Game Boost, stabilizing or enhancing performance. PS4 games will also see improved resolution on select titles.
  • VRR & 8K Support: The PS5 Pro supports Variable Refresh Rate (VRR) and 8K gaming for the ultimate visual experience, while also launching with the latest wireless technology, Wi-Fi 7, in supported regions.

Optimized Games & Patches

Game creators have quickly embraced the new technology that comes with the PS5 Pro. Many games will receive free updates to take full advantage of the console’s new features, labeled as PS5 Pro Enhanced. Some of the highly anticipated titles include:

  • Alan Wake 2
  • Assassin’s Creed: Shadows
  • Demon’s Souls
  • Dragon’s Dogma 2
  • Final Fantasy 7 Rebirth
  • Gran Turismo 7
  • Marvel’s Spider-Man 2
  • Ratchet & Clank: Rift Apart
  • Horizon Forbidden West

These updates will allow players to experience their favorite games at a higher fidelity, taking full advantage of the console’s improved graphics and performance.

 

 

Design & Compatibility

Maintaining consistency within the PS5 family, the PS5 Pro retains the same height and width as the original PS5 model. Players will also have the option to add an Ultra HD Blu-ray Disc Drive or swap console covers when available.

Additionally, the PS5 Pro is fully compatible with all existing PS5 accessories, including the PlayStation VR2, DualSense Edge, Pulse Elite, and Access controller. This ensures seamless integration into your current gaming setup.

Pricing & Availability

The PS5 Pro will be available starting November 7, 2024, at a manufacturer’s suggested retail price (MSRP) of:

  • $699.99 USD
  • $949.99 CAD
  • £699.99 GBP
  • €799.99 EUR
  • ¥119,980 JPY

Each PS5 Pro comes with a 2TB SSD, a DualSense wireless controller, and a copy of Astro’s Playroom pre-installed. Pre-orders begin on September 26, 2024, and the console will be available at participating retailers and directly from PlayStation via direct.playstation.com.

The launch of the PS5 Pro marks a new chapter in PlayStation’s commitment to delivering cutting-edge gaming experiences. Whether players choose the standard PS5 or the PS5 Pro, PlayStation aims to provide the best possible gaming experience for everyone.

Preorder your PS5 Pro and step into the next generation of gaming this holiday season.

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Google Unveils AI-Powered Pixel 9 Lineup Ahead of Apple’s iPhone 16 Release

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Tech News in Canada

Google has launched its next generation of Pixel phones, setting the stage for a head-to-head competition with Apple as both tech giants aim to integrate more advanced artificial intelligence (AI) features into their flagship devices. The unveiling took place near Google’s Mountain View headquarters, marking an early debut for the Pixel 9 lineup, which is designed to showcase the latest advancements in AI technology.

The Pixel 9 series, although a minor player in global smartphone sales, is a crucial platform for Google to demonstrate the cutting-edge capabilities of its Android operating system. With AI at the core of its strategy, Google is positioning the Pixel 9 phones as vessels for the transformative potential of AI, a trend that is expected to revolutionize the way people interact with technology.

Rick Osterloh, Google’s senior vice president overseeing the Pixel phones, emphasized the company’s commitment to AI, stating, “We are obsessed with the idea that AI can make life easier and more productive for people.” This echoes the narrative Apple is likely to push when it unveils its iPhone 16, which is also expected to feature advanced AI capabilities.

The Pixel 9 lineup will be the first to fully integrate Google’s Gemini AI technology, designed to enhance user experience through more natural, conversational interactions. The Gemini assistant, which features 10 different human-like voices, can perform a wide array of tasks, particularly if users allow access to their emails and documents.

In an on-stage demonstration, the Gemini assistant showcased its ability to generate creative ideas and even analyze images, although it did experience some hiccups when asked to identify a concert poster for singer Sabrina Carpenter.

To support these AI-driven features, Google has equipped the Pixel 9 with a special chip that enables many AI processes to be handled directly on the device. This not only improves performance but also enhances user privacy and security by reducing the need to send data to remote servers.

Google’s aggressive push into AI with the Pixel 9 comes as Apple prepares to unveil its iPhone 16, which is expected to feature its own AI advancements. However, Google’s decision to offer a one-year free subscription to its advanced Gemini Assistant, valued at $240, may pressure Apple to reconsider any plans to charge for its AI services.

The standard Pixel 9 will be priced at $800, a $100 increase from last year, while the Pixel 9 Pro will range between $1,000 and $1,100, depending on the model. Google also announced the next iteration of its foldable Pixel phone, priced at $1,800.

In addition to the new Pixel phones, Google also revealed updates to its Pixel Watch and wireless earbuds, directly challenging Apple’s dominance in the wearable tech market. These products, like the Pixel 9, are designed to integrate seamlessly with Google’s AI-driven ecosystem.

Google’s event took place against the backdrop of a significant legal challenge, with a judge recently ruling that its search engine constitutes an illegal monopoly. This ruling could lead to further court proceedings that may force Google to make significant changes to its business practices, potentially impacting its Android software or other key components of its $2 trillion empire.

Despite these legal hurdles, Google is pressing forward with its vision of an AI-powered future, using its latest devices to showcase what it believes will be the next big leap in technology. As the battle for AI supremacy heats up, consumers can expect both Google and Apple to push the boundaries of what their devices can do, making the choice between them more compelling than ever.

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