An Epic antitrust loss for Google
A jury just found Google guilty on all counts of antitrust violations stemming from its dispute with Epic, maker of Fortnite, which brought a variety of claims related to how Google runs its app marketplace. This is huge:
https://www.nytimes.com/2023/12/11/technology/epic-games-google-antitrust-ruling.html
The mobile app store world is a duopoly run by Google and Apple. Both use a variety of tactics to prevent their customers from installing third party app stores, which funnels all app makers into their own app stores. Those app stores cream an eye-popping 30% off every purchase made in an app.
This is a shocking amount to charge for payment processing. The payments sector is incredibly monopolized and notorious for its price-gouging – and its standard (wildly inflated) rate is 2-5%:
https://pluralistic.net/2023/08/04/owning-the-libs/#swiper-no-swiping
Now, in theory, Epic doesn't have to sell in Google Play, the official Android app store. Unlike Apple's iOS, Android permit both sideloading (installing an app directly without using an app store) and configuring your device to use a different app store. In practice, Google uses a variety of anticompetitive tricks to prevent these app stores from springing up and to dissuade Android users from sideloading. Proving that Google's actions – like paying Activision $360m as part of "Project Hug" (no, really!) – were intended to prevent new app storesfrom springing up was a big lift for Epic. But they managed it, in large part thanks to Google's own internal communications, wherein executives admitted that this was exactly why Project Hug existed. This is part of a pattern with Big Tech antitrust: many of the charges are theoretically very hard to make stick, but because the companies put their evil plans in writing (think of the fraudulent crypto exchange FTX, whose top execs all conferred in a groupchat called "Wirefraud"), Big Tech keeps losing in court:
https://pluralistic.net/2023/09/03/big-tech-cant-stop-telling-on-itself/
Now, I do like to dunk on Big Tech for this kind of thing, because it's objectively funny and because the companies make so many unforced errors. But in an important sense, this kind of written record is impossible to avoid. Any large institution can only make and enact policy through administrative systems, and those systems leave behind a paper-trail: memos, meeting minutes, etc. Yes, we all know that quote from The Wire: "Is you taking notes on a fucking criminal conspiracy?" But inevitably, any ambitious conspiracy can only exist if someone is taking notes.
What's more, any large conspiracy involving lots of parties will inevitably produce leaks. Think of this as the corollary to the idea that the moon landing can't be a hoax, because there's no way 400,000 co-conspirators could keep the secret. Big Tech's conspiracies required hundreds or even thousands of collaborators to keep their mouths shut, and eventually someone blabs:
https://www.science.org/content/article/fake-moon-landing-you-d-need-400000-conspirators
This is part of a wave of antitrust cases being brought against the tech giants. As Matt Stoller writes, the guilty-on-all-counts jury verdict will leak into current and future actions. Remember, Google spent much of this year in court fighting the DoJ, who argued that the company bribed Apple not to make a competing search engine, paying tens of billions every year to keep a competitor from emerging. Now that a jury has convinced Google of doing that to prevent alternative app stores from emerging, claims that it used these pay-for-delay tactics in other sectros get a lot more credible:
https://www.thebignewsletter.com/p/boom-google-loses-antitrust-case
On that note: what about Apple? Epic brought a very similar case against Apple and lost. Both Apple and Epic are appealing that case to the Supreme Court, and now that Google has been convicted in a similar case, it might prompt the Supremes to weigh in and resolve the seeming inconsistencies in the interpretation of federal law.
This is a key moment in the long project to wrest antitrust away from the pro-monopoly side, who spent decades "training" judges to produce verdicts that run counter to the plain language of America's antitrust law:
https://pluralistic.net/2021/08/13/post-bork-era/#manne-down
There's 40 years' worth of bad precedent to overturn. The good news is that we've got the law on our side. Literally, the wording of the laws and the records of the Congressional debate leading to their passage, all militate towards the (incredibly obvious) conclusion that the purpose of anti-monopoly law is to fight monopoly, not defend it:
https://pluralistic.net/2023/04/14/aiming-at-dollars/#not-men
It's amazing to realize that we got into this monopoly quagmire because judges just literally refused to enforce the law. That's what makes one part of the jury verdict against Google so exciting: the jury found that Google's insistence that Play Store sellers use its payment processor was an act of illegal tying. Today, "tying" is an obscure legal theory, but few doctrines would be more useful in disenshittifying the internet. A company is guilty of illegal tying when it forces you to use unrelated products or services as a condition of using the product you actually want. The abandonment of tying led to a host of horribles, from printer companies forcing you to buy ink at $10,000/gallon to Livenation forcing venues to sell tickets through its Ticketmaster subsidiary.
The next phase of this comes when the judge decides on the penalty. Epic doesn't want cash damages – it wants the judge to order Google to fulfill its promise of "an open, competitive Android ecosystem for all users and industry participants." They've asked the judge to order Google to facilitate third-party app stores, and to separate app stores from payment processors. As Stoller puts it, they want to "crush Google’s control over Android":
https://www.epicgames.com/site/en-US/news/epic-v-google-trial-verdict-a-win-for-all-developers
Google has sworn to appeal, surprising no one. The Times's expert says that they will have a tough time winning, given how clear the verdict was. Whatever this means for Google and Android, it means a lot for a future free from monopolies.
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/12/12/im-feeling-lucky/#hugger-mugger
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Misunderstandings really really suck Pt.2
Edit: Part 1 link since it took me all day to find it again
Damian had a Rival.
Scratch that, Damian had a Nemesis in the form of a girl in his class by the name of Danielle Nightingale. Although she insisted she be called "Ellie" instead.
The trouble started on the first day of classes. Damain had just arrived at the Manor recently, and unfortunately his father had decided that he needed to go to School in order to keep up a Civilian charade. So, he had been sent to Gotham Metro Academy, a rather prestigious school that he could not give less of a fuck about. Why would he willingly subject himself to the borderline preschool teachings of a Civilian school when the League had taught him everything he needed to know years ago? Of course, that was his attitude before he met her.
Danielle was in the seat right next to him for most of his classes, and at first they had not interacted all that much. She had attempted a friendly greeting at first, but Damian had quickly shut her down in a rather rude way.
It wasn't until the next time they took a Science Test together that they really regarded one another. It was supposed to be a test to see where their education level was, but Damian had decided he would Ace the test and move onto some more interesting stuff.
He finished his test within a few minutes and got up to turn it in, at the same time Danielle did. He looked over at her and saw that she was just as surprised to see him getting up. Later on, they learned that they were the top 2 scorers in the class by a wide margin. Danielle had gotten a 100%, while Damian had gotten a 99%. She gave him a smug Smirk, and that was when he decided that he would best her no matter the cost.
From there they made every class a contest. Always on opposite sides for PE, always competing for the best scores on Tests, they even made getting to the cafeteria a race.
Damain found that he genuinely enjoyed competing with her, since she was the only one who could keep up. And they could never decide on a good winner. Danielle always beat him in Science Classes, but Damian was the better in the Math Classes, and somehow they always tied in PE no matter the sport they played.
And after a while, they began to talk with eachother about stuff aside from their little contests. He learned that she was going to the school on a Scholarship, which was why she always tried her best to excel in exams. He learned that her older brother owned a small Shop a few blocks from Park Row, which he used to provide for the both of them to live comfortably. He also learned that he enjoyed his conversations with her as much as he enjoyed competing with her, it was genuinely fun to just sit down and talk to her once in a while.
He finally decided that they had grown from Rivalry to full on Friendship about halfway through their first year of school together. He had found her backed into a corner by some snobby rich kids who didn't like that a "street rat" was getting better grades than them so often. To her credit, she was holding back her emotions much better than he would have.
When he tried to help her, they turned on him. They began mocking his status as a bastard child, calling his mother many horrible names, and even began to make racist remarks about his Arabic heritage. He didn't even get the chance to retort before one of the kids was on his back clutching his broken nose, Ellie standing next to him with her arm extended. The other one soon followed, this time by Damian's hand.
Of course the incident got them both detention, but from then on he knew she was his friend.
...
Damian began noticing something was off about Ellie about 1 year after meeting her. Her 12th birthday had just passed, and the new school year was just beginning, and for some reason she was much competitive than usual. She didn't seem to think he had noticed, but she hadn't tried this hard to beat him since they had first met. She wasn't talking to him as much, distancing her self more and more as the weeks went on.
It finally came to ahead during a game of Dodgeball in their PE class. She had been competing with him relentlessly, but even then she wasn't preforming up to her usual level. He could see she was tired, exhausted even, from such a simple exercise, sweat pouring from her skin in buckets. Which didn't make any sense, since he had seen her do much more intense things without breaking a sweat.
He also knew that she was a Metahuman, and therefore had more stamina than a normal person. (She had told him over the summer, after deciding that she trusted him with her biggest secret)
Before the game had even ended, he was asking her to just tell him what was wrong. She denied that anything was wrong, right up until she collapsed in the middle of the game, unconscious.
He had immediately rushed her to the Nurses Office, where she finally opened up about what had been disturbing her so much recently.
She was dying.
She had a genetic disease, linked back to her Meta-Human abilities, that was slowly killing her. And they were running out of the medication needed to treat it.
She took out what looked like an Epi-Pen and injected herself with the medication inside. Damain could instantly see the color come back to her skin, her muscles got less tense, and her breath became more steady.
"That was one of our remaining Doses", she explained, "This dose will last me about a month. We have enough left to last until December, but after that there won't be anymore left. It was only ever produced by a single pair of scientists out of state, and they died in a car accident a few years ago."
Damian is extremely worried, his best friend is dying and he doesn't know how to help. He tried to offer his dad's help, but she refuses.
"I'm a Metahuman, if a person as high profile as your dad stepped in to help, it would draw attention to me. And Gotham is way to dangerous for a known Metahuman to live, especially a 12 yr old one." She says, "And besides, my brother says he's working on replicating it. I trust him, and he's been researching it relentlessly."
It takes a while, but Damian agrees to let her take care of this.
Over the next few months, Damian and Ellie act as if everything is normal. From time to time they will talk about it, but they largely try to ignore it for the most part.
Sometimes Ellie will joke about it though.
"At my Funeral, make sure they don't lie. I was a fucking Goddess of Chaos and I won't have them defiling my name by spouting out that whole 'heaven has another angel' bullcrap."
"In my Will, I'm gonna set up a whole Indiana Jones Style Quest for you to follow before you can claim anything of mine. You gotta work for it."
"Don't worry, I won't haunt you after I die. I'll be too busy conquering the Afterlife to manage anything like that!"
"At my Funeral, I want you to make a speech that's just 'this is so sad. Alexa play despacito'. Nothing else, just that."
It goes on like this for months, and both of them have mostly accepted that their time together has a potential time limit, so they try to make the most out of it.
Damian even forces her to formally introduce her brother, an older guy named Danny, who is very enthusiastic to meet him. Apparently Ellie had trouble making friends in her last school, and he was just so happy she had found such a good friend in the last year.
They even invited him to visit whenever he wanted. Sometimes he would even stay the night, sleeping in Danny's room while Danny took the couch.
He even found the Lab, or makeshift lab, that Danny had made to try and find a way to replicate the Medicine for Ellie. Damian had to admit, Danny was a certified Genius, and he had Hope that Danny would find a way to save Ellie soon.
He asks for an explanation on the Medicine, and Danny explains it as "Ellie's powers draw on a type energy called Ecto, which helps keep her body stable. Unfortunately, she has a birth defect that means she can't absorb it faster than she uses it up naturally. What the Medicine does is bolster the amount she already has in her system to make it more potent and last longer."
He even shows Damian his notes, and at his insisting he begins teaching Damian about Ectoplasm and the science behind it all.
Damian begins coming over on the weekends to hang out with Ellie and check up on the progress of the Medicine. He tells the rest of his family that he just wants to get a little more comfortable in his Civilian Life, and is indulging in his urge to actually be a kid. (They still don't know about Ellie's situation, cause she asked him not to tell anyone.)
...
A few months later, Jason comes back from patrol and informs the rest of the team that he just found a Scienist creating a Super Soldier Serum in the middle of Gotham.
Unfortunately, Damian was staying over at Ellie's house for the weekend, and didn't get the memo.
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