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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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Ottawa orders TikTok’s Canadian arm to be dissolved

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The federal government is ordering the dissolution of TikTok’s Canadian business after a national security review of the Chinese company behind the social media platform, but stopped short of ordering people to stay off the app.

Industry Minister François-Philippe Champagne announced the government’s “wind up” demand Wednesday, saying it is meant to address “risks” related to ByteDance Ltd.’s establishment of TikTok Technology Canada Inc.

“The decision was based on the information and evidence collected over the course of the review and on the advice of Canada’s security and intelligence community and other government partners,” he said in a statement.

The announcement added that the government is not blocking Canadians’ access to the TikTok application or their ability to create content.

However, it urged people to “adopt good cybersecurity practices and assess the possible risks of using social media platforms and applications, including how their information is likely to be protected, managed, used and shared by foreign actors, as well as to be aware of which country’s laws apply.”

Champagne’s office did not immediately respond to a request for comment seeking details about what evidence led to the government’s dissolution demand, how long ByteDance has to comply and why the app is not being banned.

A TikTok spokesperson said in a statement that the shutdown of its Canadian offices will mean the loss of hundreds of well-paying local jobs.

“We will challenge this order in court,” the spokesperson said.

“The TikTok platform will remain available for creators to find an audience, explore new interests and for businesses to thrive.”

The federal Liberals ordered a national security review of TikTok in September 2023, but it was not public knowledge until The Canadian Press reported in March that it was investigating the company.

At the time, it said the review was based on the expansion of a business, which it said constituted the establishment of a new Canadian entity. It declined to provide any further details about what expansion it was reviewing.

A government database showed a notification of new business from TikTok in June 2023. It said Network Sense Ventures Ltd. in Toronto and Vancouver would engage in “marketing, advertising, and content/creator development activities in relation to the use of the TikTok app in Canada.”

Even before the review, ByteDance and TikTok were lightning rod for privacy and safety concerns because Chinese national security laws compel organizations in the country to assist with intelligence gathering.

Such concerns led the U.S. House of Representatives to pass a bill in March designed to ban TikTok unless its China-based owner sells its stake in the business.

Champagne’s office has maintained Canada’s review was not related to the U.S. bill, which has yet to pass.

Canada’s review was carried out through the Investment Canada Act, which allows the government to investigate any foreign investment with potential to might harm national security.

While cabinet can make investors sell parts of the business or shares, Champagne has said the act doesn’t allow him to disclose details of the review.

Wednesday’s dissolution order was made in accordance with the act.

The federal government banned TikTok from its mobile devices in February 2023 following the launch of an investigation into the company by federal and provincial privacy commissioners.

— With files from Anja Karadeglija in Ottawa

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Here is how to prepare your online accounts for when you die

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LONDON (AP) — Most people have accumulated a pile of data — selfies, emails, videos and more — on their social media and digital accounts over their lifetimes. What happens to it when we die?

It’s wise to draft a will spelling out who inherits your physical assets after you’re gone, but don’t forget to take care of your digital estate too. Friends and family might treasure files and posts you’ve left behind, but they could get lost in digital purgatory after you pass away unless you take some simple steps.

Here’s how you can prepare your digital life for your survivors:

Apple

The iPhone maker lets you nominate a “ legacy contact ” who can access your Apple account’s data after you die. The company says it’s a secure way to give trusted people access to photos, files and messages. To set it up you’ll need an Apple device with a fairly recent operating system — iPhones and iPads need iOS or iPadOS 15.2 and MacBooks needs macOS Monterey 12.1.

For iPhones, go to settings, tap Sign-in & Security and then Legacy Contact. You can name one or more people, and they don’t need an Apple ID or device.

You’ll have to share an access key with your contact. It can be a digital version sent electronically, or you can print a copy or save it as a screenshot or PDF.

Take note that there are some types of files you won’t be able to pass on — including digital rights-protected music, movies and passwords stored in Apple’s password manager. Legacy contacts can only access a deceased user’s account for three years before Apple deletes the account.

Google

Google takes a different approach with its Inactive Account Manager, which allows you to share your data with someone if it notices that you’ve stopped using your account.

When setting it up, you need to decide how long Google should wait — from three to 18 months — before considering your account inactive. Once that time is up, Google can notify up to 10 people.

You can write a message informing them you’ve stopped using the account, and, optionally, include a link to download your data. You can choose what types of data they can access — including emails, photos, calendar entries and YouTube videos.

There’s also an option to automatically delete your account after three months of inactivity, so your contacts will have to download any data before that deadline.

Facebook and Instagram

Some social media platforms can preserve accounts for people who have died so that friends and family can honor their memories.

When users of Facebook or Instagram die, parent company Meta says it can memorialize the account if it gets a “valid request” from a friend or family member. Requests can be submitted through an online form.

The social media company strongly recommends Facebook users add a legacy contact to look after their memorial accounts. Legacy contacts can do things like respond to new friend requests and update pinned posts, but they can’t read private messages or remove or alter previous posts. You can only choose one person, who also has to have a Facebook account.

You can also ask Facebook or Instagram to delete a deceased user’s account if you’re a close family member or an executor. You’ll need to send in documents like a death certificate.

TikTok

The video-sharing platform says that if a user has died, people can submit a request to memorialize the account through the settings menu. Go to the Report a Problem section, then Account and profile, then Manage account, where you can report a deceased user.

Once an account has been memorialized, it will be labeled “Remembering.” No one will be able to log into the account, which prevents anyone from editing the profile or using the account to post new content or send messages.

X

It’s not possible to nominate a legacy contact on Elon Musk’s social media site. But family members or an authorized person can submit a request to deactivate a deceased user’s account.

Passwords

Besides the major online services, you’ll probably have dozens if not hundreds of other digital accounts that your survivors might need to access. You could just write all your login credentials down in a notebook and put it somewhere safe. But making a physical copy presents its own vulnerabilities. What if you lose track of it? What if someone finds it?

Instead, consider a password manager that has an emergency access feature. Password managers are digital vaults that you can use to store all your credentials. Some, like Keeper,Bitwarden and NordPass, allow users to nominate one or more trusted contacts who can access their keys in case of an emergency such as a death.

But there are a few catches: Those contacts also need to use the same password manager and you might have to pay for the service.

___

Is there a tech challenge you need help figuring out? Write to us at onetechtip@ap.org with your questions.

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Google’s partnership with AI startup Anthropic faces a UK competition investigation

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LONDON (AP) — Britain’s competition watchdog said Thursday it’s opening a formal investigation into Google’s partnership with artificial intelligence startup Anthropic.

The Competition and Markets Authority said it has “sufficient information” to launch an initial probe after it sought input earlier this year on whether the deal would stifle competition.

The CMA has until Dec. 19 to decide whether to approve the deal or escalate its investigation.

“Google is committed to building the most open and innovative AI ecosystem in the world,” the company said. “Anthropic is free to use multiple cloud providers and does, and we don’t demand exclusive tech rights.”

San Francisco-based Anthropic was founded in 2021 by siblings Dario and Daniela Amodei, who previously worked at ChatGPT maker OpenAI. The company has focused on increasing the safety and reliability of AI models. Google reportedly agreed last year to make a multibillion-dollar investment in Anthropic, which has a popular chatbot named Claude.

Anthropic said it’s cooperating with the regulator and will provide “the complete picture about Google’s investment and our commercial collaboration.”

“We are an independent company and none of our strategic partnerships or investor relationships diminish the independence of our corporate governance or our freedom to partner with others,” it said in a statement.

The U.K. regulator has been scrutinizing a raft of AI deals as investment money floods into the industry to capitalize on the artificial intelligence boom. Last month it cleared Anthropic’s $4 billion deal with Amazon and it has also signed off on Microsoft’s deals with two other AI startups, Inflection and Mistral.

The Canadian Press. All rights reserved.

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