Prez wrote on Aug 26, 2020, 09:54:
So just to understand, Apple and Google can bilaterally agree to charge a 95/5 split instead of a 30/70 and it's legal?
jacobvandy wrote on Aug 26, 2020, 00:56:
anti-trust laws aren't there to punish whoever so happens to be in any kind of dominant market position. They are for preventing the abuse of power that position wields and preventing the gaining of that position through illegal means.
Has Apple been charging that same rate this whole time, while their market share started from 0% in 2007, rose as high as 70% or so before COMPETITION brought it tumbling down by half of that in 2010, then came back up and held pretty stable at 50-60% throughout the past decade? (Talking about the US, only, here; Android has dominated everywhere else since 2012 and today there's a 75/25 split over iOS in the global market.) I don't know the answer, but if yes, then how is taking 30% considered an abuse of the dominant market position they hold today? You don't get to suddenly decide it's "egregious" now if the market found it acceptable to begin with, to the point where they grew to dominate said market over the span of more than a decade of charging that rate.
If they came upon that market position legitimately, it doesn't matter how obscene their profit margins are, or whether they are fit to be categorized a monopoly... It's not illegal. An anti-trust case would be about proving they have done something illegal to stay there. Like threatening would-be competitors with secret ninja death squads or some shit. Or explicitly price-fixing with Google.
jdreyer wrote on Aug 23, 2020, 16:16:
That said, I didn't call you a Nazi supporter. I was pointing out a historical context: both of those (rather recent) regimes thrived on a close relationship between authoritarian governments and corporate conglomerates like the zaibatsu. It was through those relationships that both governments were able to ramp up their war machines and embark in misguided adventures resulting in the deaths of millions. Through mergers and acquisitions and other techniques, American business is steadily consolidating, and that's not a good thing.So this has much less to do with Sweeney, and more to do with the US government's lackadaisical approach to anti-trust and enforcing free markets in general, a problem which has been festering and getting worse for decades. And the reason is that these megacorps donate to both parties, and neither party wants to give up that sweet donation cash by going after these companies. Massive corporations that are able to fleece consumers and control the government are bad for both capitalism and democracy.
As for keeping devices longer, welcome to the PC industry, where people keep desktops and laptops for years, but those hardware companies don't require vertically integrated walled garden software shops to prop up their hardware business. Quite the opposite: You can get an amazing gaming laptop for less than a new phone due to the robust competition in that market. Market pressures keep companies innovating and prices reasonable.
As for user agency, there is none. Apple leveraged an amazing hardware and OS combination into an exclusive vertically integrated walled garden where it rules by fiat. Google gave away its OS for free in order to gain its market share, pushing out Blackberry and MS. There is no agency, because there's no choice. You need a phone, phones need apps, and it's either Apple or Android, that's it.
Kxmode wrote on Aug 25, 2020, 13:25:
When a developer lives under Apple's house, they play by Apple's rules
But Rogers also offered a preview of her feelings on whether Epic was likely to succeed in its legal arguments against Apple's alleged monopoly power over the iOS app marketplace.
"Epic Games moves this Court to allow it to access Apple’s platform for free while it makes money on each purchase made on the same platform," Rogers wrote. "While the Court anticipates experts will opine that Apple’s 30 percent take is anti-competitive, the Court doubts that an expert would suggest a zero percent alternative. Not even Epic Games gives away its products for free."
Here, the Court’s evaluation is guided by the general notion that“self-inflicted wounds are not irreparable injury.”
Al Otro Lado v. Wolf
, 952 F.3d 999, 1008 (9thCir. 2020) (quoting
Second City Music, Inc. v. City of Chicago
, 333 F.3d 846, 850 (7th Cir.2003)). Further courts generally decline to find irreparable harm that “results from the expressterms of [the] contract.”
See Salt Lake Tribune Publ’g Co., LLC v. AT&T Corp.
, 320 F.3d 1081,1106 (10th Cir. 2003) (no irreparable harm where the alleged harm “results from the express termsof [the] contract”).
At its core, irreparable harm is harm or injury that cannot be repaired.The Court finds that with respect to Epic Games’ motion as to its games, includingFortnite, Epic Games has not yet demonstrated irreparable harm. The current predicament appearsof its own making.
See Second City Music
, 333 F.3d at 850 (“Only the injury inflicted by one’sadversary counts for this purpose.”). Epic Games remains free to maintain its agreements withApple in breach status as this litigation continues, but as the Seventh Circuit recognized in
SecondCity Music
, “[t]he sensible way to proceed is for [Epic to comply with the agreements andguidelines] and continue to operate while it builds a record.”
Id.
“Any injury that [Epic Gamesncurs by following a different course is of its own choosing.”
Id.
Epic Games admits that thetechnology exists to “fix” the problem easily by deactivating the “hotfix.” That Epic Gameswould prefer
not
to litigate in that context does not mean that “irreparable harm” exists
Darks wrote on Aug 23, 2020, 15:07:
And you wonder why Microsoft is all fucked up like they are.
Quinn wrote on Aug 23, 2020, 12:19:
I'm "over-reacting" because I want another good Batman game. No spin-offs. I'm not that much of a DC fan. Batman is awesome. The Arkham games are awesome. So when time and money is put in another Gotham/Arkham game, I curse the fact I wouldn't be playing it as Batman. =
But calling the game Dark Knight Souls but no Dark Knight in it? What a disaster.
Quinn wrote on Aug 23, 2020, 08:07:
You must be a special kind of cringy new-age hipster to be the one that proposes NOT to have Batman as the protagonist and playable character. Fucking genius...
jdreyer wrote on Aug 23, 2020, 02:16:
Wow. I really just don't know what to say to that statement. That's as pro-monopolist, pro-corporatist statement as I've ever read. You know who else loved corporate conglomerates and monopolies? Imperial Japan and Nazi Germany. And we know how that politically cozy military-industrial complex turned out for the rest of the world.
They've tried when they brought out the Windows store with Windows 8, about 8 years ago. What was the reaction of Valve/Steam? The creation of Steam OS and then making Proton (a Wine fork) compatibility program to run Windows games on Linux OS'es. Timmy Tencent was also rather unhappy with MS when they announced a desire to lock most software behind the store. It was a silly idea because it would kill much of the reason people still use Windows, its open nature.
twobit wrote on Aug 22, 2020, 09:32:
Nobody is asking Apple to host a competing storefront at Apple's expense.
Orogogus wrote on Aug 22, 2020, 05:03:jdreyer wrote on Aug 22, 2020, 00:24:Sure they would. Because even if there were competition, Apple would still have way more than 50% market share, and you'd still be complaining about a monopoly, like you do with the PC market and Steam's 75%.
The point is that all iOS developers wouldn't have to swallow an egregious 30% cut if there was more competition in the market.
I asked before but didn't see an answer -- where do you see artists getting more than a 70% cut of revenue? It seems to me that you've accepted that it's outrageous based on Sweeney's say-so, but I haven't seen much evidence.
Apple said Sweeney was asking permission for Epic to bypass in-app purchases and allow Fortnite players to pay it directly, as well as permission to launch a third-party app store for iPhones
FloorPie wrote on Aug 21, 2020, 14:26:
Only for Tencent Timmy. We toxic gamers should just shut up and buy his real customer's products. Think of the Devs and publishers man! Its gonna help the gaming industry in the long run, you know.
Fion wrote on Aug 21, 2020, 12:18:Prez wrote on Aug 21, 2020, 10:57:
The number of exclusives that Epic has garnered definitely seems to have dropped.
From what I've read, a lot of the companies last year who went with epic exclusivity lost a lot of money in the end. For example, apparently Control didn't do so well on PC, despite Tencent getting $10 million from Epic Games. In fact, the month it released saw a 20 year low on game sales. This helps explain why they are pushing the new $40 ultimate edition so hard, to the point that only the new edition gets a 'next gen upgrade'.A.k.a. PC level graphics - only it won't even hit that benchmark, because of the lack of ray tracing hardware.
It's the same reason EA is going back on steam. Because they were actually losing money by having their own platform despite Steams 30% cut, because they simply weren't getting nearly as many eyeballs on their own platform compared to what they do on Steam.
As to the trailer, I fail to see how Knives Out is particularly 'hit man'. I'll buy Hitman 3 when it's $15 on steam for the complete edition.
Tom wrote on Aug 20, 2020, 11:54:Verno wrote on Aug 20, 2020, 11:45:Thrustmaster and Saitek gimbals are cheap junk, unfortunately. If you want something better, it'll cost you upfront but pay for itself in the long run. Check out Virpil.
Man OK, good to hear I'm not the only one with a problem with the HOTAS X. So mine kept pulling to the left despite re-calibration, I finally got pissed off last night and took the whole thing apart. I put some lubricant on the gimbal and did a few other things, they really use some cheap ass parts inside btw. This fixed it for now but looking at the innards I can tell you these things are made to break, I'm going to be looking for something else.
I tried using an Xbox One controller using Bluetooth but of course its a disaster, loses connection constantly and etc. I'm going to get a Saitek full flight setup I think.