Virtual Legality

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Epic has continued its own Sherman (antitrust) March against the tech giants, by bringing a similar (but not identical) claim against Google as the one they brought against Apple.

But might the openness of Google's business model actually make them *more* susceptible to a claim of this type?

And what is the endgame for all these Fortnite lawsuits anyway?

Being "more open" may get you in trouble for being "more controlling" in the wild world of...Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/0qVsZXajXuQ

#Epic #FreeFortnite #Google

***

CHAPTERS

00:00 Introduction (Background)

08:40 Epic vs Google (Overview)

11:36 Epic's Theory of the Case

19:55 Google Market Power Examples (OnePlus)

31:15 Epic's Best Argument (Licensed OS Market)

37:05 Google's Alleged Anti-Competitive Behavior

46:16 A Discussion of Tying

52:50 Conclusion

***

Discussed in this episode:

"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%"

Epic Games Post - August 13, 2020

https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent

"Epic Declares War on Apple/Google...with Fortnite (VL285)"

YouTube Video - August 13, 2020 - Hoeg Law

https://youtu.be/Xb1E6-okFxQ

"Apple just kicked Fortnite off the App Store"

The Verge - August 13, 2020 - Nick Statt

https://www.theverge.com/2020/8/13/21366438/apple-fortnite-ios-app-store-violations-epic-payments

"Epic Games is suing Apple"

The Verge - August 13, 2020 - Nick Slatt

https://www.theverge.com/2020/8/13/21367963/epic-fortnite-legal-complaint-apple-ios-app-store-removal-injunctive-relief

Epic Games, Inc. v Apple Inc.

Filed August 13, 2020 (US N.D. Cal)

https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

"It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit) (VL286)"

YouTube Video - August 14, 2020 - Hoeg Law

https://youtu.be/y04zz5g1_08

"Trusts, etc., in restraint of trade illegal; penalty"

15 USC 1 (Sherman Act Sec. 1)

https://www.law.cornell.edu/uscode/text/15/1

"Monopolizing trade a felony; penalty"

15 USC 2 (Sherman Act Sec. 2)

https://www.law.cornell.edu/uscode/text/15/2

"The Antitrust Laws"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws

"Single Firm Conduct"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct

"Monopolization Defined"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined

"Fortnite has also been kicked off of Google Play"

GameIndustryBiz - August 14, 2020 - Rebekah Valentine

https://www.gamesindustry.biz/articles/2020-08-14-fortnite-has-also-been-kicked-off-of-google-play

"Epic is suing Google over Fortnite’s removal from the Google Play Store"

The Verge - August 13, 2020 - Russell Brandom

https://www.theverge.com/2020/8/13/21368363/epic-google-fortnite-lawsuit-antitrust-app-play-store-apple-removal

Epic Games, Inc. v Google LLC

Filed August 13, 2020 (US N.D. Cal)

https://cdn.vox-cdn.com/uploads/chorus_asset/file/21759099/file0.243586135368002.pdf

"Tying the Sale of Two Products"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/tying-sale-two-products

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***

Twitter: @hoeglaw

Web: hoeglaw.com

Blog: hoeglaw.wordpress.com

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(0:00) Introduction (Background)

(8:40) Epic vs Google (Overview)

(11:36) Epic's Theory of the Case

(19:55) Google Market Power Examples (OnePlus)

(31:15) Epic's Best Argument (Licensed OS Market)

(37:05) Google's Alleged Anti-Competitive Behavior

(46:16) A Discussion of Tying

(52:50) Conclusion

When we called Epic's mobile Fortnite discounts a declaration of war, we honestly had no idea how right we were.

Now it's clear that Epic's actions were not only deliberately inciting Apple, but also baiting them into taking action against Fortnite only to set the groundwork for Epic's filing of a federal lawsuit

What does Epic allege is Apple's anti-competitive activity? What is the Sherman antitrust act, and how does its application hinge on one very important factual determination? And what would a win by Epic here mean for Google, Microsoft, Sony, Nintendo, and many, many more.

Other channels may have ordinary tanks, but we've got a Sherman...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/y04zz5g1_08

#Epic #FreeFortnite #Apple

***

CHAPTERS

00:00 Introduction (Background)

02:09 Apple Strikes Back

03:50 Epic Springs Its Trap

5:15 Epic Games vs Apple (Overview)

13:45 Epic's Theory of the Case

22:15 Monopolizing Its Own Product

35:14 A Tour of the Sherman Act (Setting the Market)

43:10 Epic's Claims

48:44 Conclusion

***

Discussed in this episode:

"Epic Declares War on Apple/Google...with Fortnite (VL285)"

YouTube Video - August 13, 2020 - Hoeg Law

https://youtu.be/Xb1E6-okFxQ

"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%"

Epic Games Post - August 13, 2020

https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent

"App Store Review Guidelines"

Apple Developer Post

https://developer.apple.com/app-store/review/guidelines/

"Apple just kicked Fortnite off the App Store"

The Verge - August 13, 2020 - Nick Statt

https://www.theverge.com/2020/8/13/21366438/apple-fortnite-ios-app-store-violations-epic-payments

"Holy crap. Epic baited them deliberately for this outcome."

Tweet - August 13, 2020 - Richard Hoeg (@hoeglaw)

https://twitter.com/HoegLaw/status/1293995014629085185

Epic Games, Inc. v Apple Inc.

Filed August 13, 2020 (US N.D. Cal)

https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

"Fortnite Party Royale will premiere a new short: Nineteen Eighty-Fortnite."

Tweet - August 13, 2020 - Fortnite (@FortniteGame)

https://twitter.com/FortniteGame/status/1293984290326433792

"Epic Game's Nineteen Eighty-Fortnite spot"

Tweet - August 13, 2020 - Alex Medina (@mrmedina)

https://twitter.com/mrmedina/status/1294003691947585536

"Monopolizing trade a felony; penalty"

15 USC 2 (Sherman Act Sec. 2)

https://www.law.cornell.edu/uscode/text/15/2

"Trusts, etc., in restraint of trade illegal; penalty"

15 USC 1 (Sherman Act Sec. 1)

https://www.law.cornell.edu/uscode/text/15/1

"The Antitrust Laws"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws

"Exclusive rights in copyrighted works"

17 USC 106

https://www.law.cornell.edu/uscode/text/17/106

"Single Firm Conduct"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct

"Monopolization Defined"

Federal Trade Commission Site

https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***

Twitter: @hoeglaw

Web: hoeglaw.com

Blog: hoeglaw.wordpress.com

When is a discount more than a discount? When it's a declaration of war.

Epic Games' reduction of prices on Fortnite V-Bucks in all locations (except two very specific ones), has all the makings of the company's previous attempt to bust Steam's lock on 30% platform fees through their Epic Games Store Platform.

Now, however, the company has turned its ire to the 30% collected by each of the Apple App Store and the Google Play Store.

There's a lot to consider here.

The war is likely to last longer than a Fortnite...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/Xb1E6-okFxQ

#Epic #Fortnite #Apple

***

Discussed in this episode:

"Fortnite Lowers V-Bucks Prices, Calls out Apple and Google's 'Exorbitant' Mobile Payment Fees"

IGN - August 13, 2020 - Jordan Oloman

https://www.ign.com/articles/fortnite-lowers-v-bucks-prices-calls-out-apple-and-googles-exorbitant-mobile-payment-fees

"ANNOUNCING EPIC DIRECT PAYMENT ON MOBILE"

Epic Games Post - August 13, 2020

https://www.epicgames.com/fortnite/en-US/news/announcing-epic-direct-payment-on-mobile

"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%"

Epic Games Post - August 13, 2020

https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent

"FORTNITE MEGA DROP PRESS FAQ"

Epic Games Post - August 13, 2020

https://www.epicgames.com/site/en-US/fortnite-mega-drop-faq

"App Store Review Guidelines"

Apple Developer Post

https://developer.apple.com/app-store/review/guidelines/

"Apple App Store - Principles and Practices"

https://www.apple.com/ios/app-store/principles-practices/

"Google Play Developer Distribution Agreement"

Updated June 12, 2020

https://play.google.com/about/developer-distribution-agreement.html

"Service Fees"

Google Play Console Help Page

https://support.google.com/googleplay/android-developer/answer/112622?hl=en

"When Microsoft's ambitious 'Netflix of gaming' service launches in September, it won't arrive on Apple devices – here's why"

Business Insider - August 6, 2020 - Ben Gilbert

https://www.businessinsider.com/apple-explains-why-xbox-game-pass-is-not-on-iphone-2020-8

"Apple confirms cloud gaming services like xCloud and Stadia violate App Store guidelines"

The Verge - August 6, 2020 - Nick Statt

https://www.theverge.com/2020/8/6/21357771/apple-cloud-gaming-microsoft-xcloud-google-stadia-ios-app-store-guidelines-violations

"Well, we have some good news..."

Tweet - August 7, 2020 - Facebook Gaming (@FacebookGaming)

https://twitter.com/FacebookGaming/status/1291708615015858176

"Apple has gone crazy."

Tweet - July 28, 2020 - Tim Sweeney (@TimSweeneyEpic)

https://twitter.com/TimSweeneyEpic/status/1288139365399633924

"The problem is not a number, and a number isn’t the solution."

Tweet - July 31, 2020 - Tim Sweeney (@TimSweeneyEpic)

https://twitter.com/TimSweeneyEpic/status/1289227550431031296

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***

Twitter: @hoeglaw

Web: hoeglaw.com

Blog: hoeglaw.wordpress.com

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(0:00) Introduction (Background)

(2:09) Apple Strikes Back

(3:50) Epic Springs Its Trap

(5:15) Epic Games vs Apple (Overview)

(13:45) Epic's Theory of the Case

(22:15) Monopolizing Its Own Product

(35:14) A Tour of the Sherman Act (Setting the Market)

(43:10) Epic's Claims

(48:44) Conclusion

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(0:00) Opening

(1:13) Epic Direct Payment on Mobile

(1:23) Epic Direct Payment

(3:38) Fortnight Mega Drop

(20:52) Facebook Gaming

(20:58) Standalone Facebook Gaming App

"Why did Twitch silently ban one of its most popular streamers in Dr. Disrespect?"

While that question continues across the Internet, with an answer as likely to be an anticlimax (aka, a settlement on undisclosed terms) as anything, one thing we do now know is that Twitch is not out of the exclusive streamer business.

Shroud is "Coming Home".

What does Shroud's return mean for Twitch? For Dr. Disrespect? And for Law Firm YouTube channels with "Insane" theories? Well we'll just have to dive in.

"Lifting the shroud" is the new "piercing the veil"...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/0qQXk20p0Ro

#Twitch #Ban #DrDisrespect

***

Discussed in this episode:

"Twitch Bans Dr. Disrespect - A Legal Discussion"

YouTube Playlist - Hoeg Law

https://www.youtube.com/playlist?list=PL1zDCgJzZUy98pOuP1cC8o7nraoJEcmuG

"Twitch Bans Dr. Disrespect - A Lawyer's Take On What We Know (VL254)"

YouTube Video - June 29, 2020 - Hoeg Law

https://youtu.be/wfgiEiefZ2E

"Lawyer's Insane Theory on Dr Disrespect Twitch Ban to Get Ninja and Shroud"

YouTube Video - July 1, 2020 - Esports Talk

https://youtu.be/ahqmfhVNNNQ

"I’m coming home"

Tweet - August 11, 2020 - Michael Grzesiek (@shroud)

https://twitter.com/shroud/status/1293248098613911558

"Shroud returns to Twitch, exclusively"

The Verge - August 11, 2020 - Bijan Stephen

https://www.theverge.com/2020/8/11/21363758/shroud-twitch-exclusive-deal-michael-grzesiek-mixer

"Shroud returns to Twitch under a new, exclusive deal"

Engadget - August 11, 2020 - Jessica Conditt

https://www.engadget.com/shroud-twitch-return-first-stream-time-193742742.html

"A toast to the return of the TWO TIME!"

Tweet - August 7, 2020 - MTN DEW GAME FUEL (@GameFuel)

https://twitter.com/GameFuel/status/1291839059455860737

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

***

Twitter: @hoeglaw

Web: hoeglaw.com

Blog: hoeglaw.wordpress.com

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