Apple, Epic Games lay out detailed arguments for upcoming legal battle

Is the App Store its own market or just one of many competing gaming markets?

<em>Fortnite</em> seen in the App Store on an iPhone on May 10, 2018.

Enlarge / Fortnite seen in the App Store on an iPhone on May 10, 2018. (credit: Andrew Harrer | Bloomberg | Getty Images)

With Epic Games and Apple set to face off before a judge in their high-profile trial in just a few weeks, new court filings from both companies outline the evidence and arguments each intends to make in detail.

Unsurprisingly, each document paints a radically different picture of Apple's App Store and its role in the gaming and technology industry.

The disagreement between the two companies escalated publicly when Epic attempted to implement its own in-app payments system in Fortnite, one of the most popular games on Apple's App Store. This set into motion a series of events that led to Apple removing Fortnite from the App Store as Epic ran a social media campaign around the hashtag "#SaveFortnite," leveraging angry gamers against the tech giant.

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Sorge um sozialen Frieden

Streit um Worte oder Pflege der sozialen Kultur? Anmerkungen zur Debatte um das “Betriebsrätemodernisierungsgesetz”

Streit um Worte oder Pflege der sozialen Kultur? Anmerkungen zur Debatte um das "Betriebsrätemodernisierungsgesetz"

Cloudflare Doubts DMCA Takedown Company’s Fake Employee and Special Bots

Cloudflare has faced quite a few copyright challenges in courts already, but a case filed by two wedding dress manufacturers is taking an unforeseen turn. At a Pennsylvania federal court, the CDN provider filed a motion to demand evidence from the companies’ DMCA takedown partner, to find out more about a fake employee profile and its speedy takedown bots.

From: TF, for the latest news on copyright battles, piracy and more.

cloudflare logoPopular CDN and DDoS protection service Cloudflare has come under a lot of pressure from copyright holders in recent years.

The company offers its services to millions of sites, some of which offer access to copyright-infringing material.

Cloudflare prefers to remain a neutral service provider and doesn’t terminate clients based on DMCA notices. Instead, it forwards these to its customers, only taking action when it receives a court order.

Repeat Infringer Lawsuit

This stance is not appreciated by all rightsholders and in 2018 the service was taken to court over the issue. The case wasn’t filed by major entertainment companies, but by two manufacturers and wholesalers of wedding dresses. Not a typical “piracy” lawsuit, but it’s a copyright case that could have broad implications.

In a complaint filed at a federal court in California, Mon Cheri Bridals and Maggie Sottero Designs argued that even after multiple warnings, Cloudflare fails to terminate sites operated by counterfeit vendors. This makes Cloudflare liable for the associated copyright infringements, they said.

Cloudflare disagreed and both sides are now conducting discovery to collect evidence for an eventual trial. Among other things, the wedding dress manufacturers were asked to hand over detailed sales records. In addition, the CDN provider is also interested in the companies’ DMCA takedown partner XMLShop LLC.

Cloudflare Wants DMCA Takedown Evidence

Over the past few months, Cloudflare has tried to get further information on how XMLShop, which is also known as Counterfeit Technology, collects evidence for its takedown notices.

These takedowns play a central role in the lawsuit and XMLShop and its employees could provide crucial information. Thus far, however, Cloudflare hasn’t been able to get what it wants.

To resolve this issue, Cloudflare submitted a motion asking the court to compel the DMCA takedown company to comply with its requests for information. According to their filing, the company may be holding back important evidence.

“Plaintiffs and XMLShop, who use the same counsel, appear to be using XMLShop’s status strategically as a ‘non-party’ to conceal relevant documents from Cloudflare. The Court should reject their gamesmanship,” Cloudflare informed the court.

After serving two subpoenas, the takedown company only produced one document, Cloudflare notes. Meanwhile, the publicly available information on the company is highly confusing or even misleading.

Who Works at XMLShop?

For example, Cloudflare would like to question XMLShop’s employees, but the company hasn’t handed over an employee directory or payroll log that would reveal who works at the company.

“XMLShop has not been forthright about its operations, leaving Cloudflare in the dark as to who else may be a witness with relevant knowledge,” Cloudflare writes.

According to XMLShop’s attorney, the company only has one employee named Suren Ter-Saakov, but this claim is contradicted by its own website and Linkedin.

“XMLShop’s own public statements contradict its counsel’s statement. Its website boasts ‘a big team of professionals working in three offices, located in Ukraine, the United States, and Dominican Republic.

“And a LinkedIn profile for an individual named Blair Hearnsberger represents that she or he is the CEO at Counterfeit Technology,” Cloudflare adds.

Fake Profile

According to the takedown company’s attorney, this profile is fake and Blair Hearnsberger does not actually exist, but Cloudflare is not convinced. Therefore, it hopes that the court will compel XMLShop to verify who works at the company and in what roles.

In addition to finding information on possible employees, Cloudflare also requests further information on the software that Counterfeit Technology used to find infringing content.

Special Takedown Bots?

The wedding dress manufacturers claimed that their takedown partner “scours the internet with special bots designed to locate and identify the unauthorized use” but it’s unclear how this technology works.

Cloudflare would like to assess the software to see how accurate it is, especially since the company states that it spends only 10 seconds sending notifications of claimed infringement to all traffic sources.

“Its use — and the reliability — of that technology is at least relevant to the predicate allegations of direct infringement it asserts. It is also relevant to Cloudflare’s contention that it never received any notifications of claimed infringement from Counterfeit Technology that were valid,” Cloudflare writes.

The CDN provider asked the court to compel XMLShop to produce the subpoenaed documents. In addition, XMLShop should be held in contempt for failing to obey the subpoena and ordered to pay the legal costs Cloudflare incurred to submit the motion.

This week, XMLShop responded to the request stating that it has already produced everything it could. It views the remaining requests as incredibly broad, since these ask for “sensitive” trade secret information. It is now up to the court to make a final decision.

A copy of Cloudflare’s memorandum in support of its motion to compel XLMshop to comply with the subpoena is available here (pdf).. XMLShop’s response can be found here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

Punkt MP02 voice phone now supports encrypted Signal calls and text messages

The Punkt MP02 is a $349 cellphone with an emphasis on simplicity. It has a 2 inch black and white display, a numeric keypad, and an emphasis on phone calls and text messages. First released in 2018, the phone has some modern features that set it apar…

The Punkt MP02 is a $349 cellphone with an emphasis on simplicity. It has a 2 inch black and white display, a numeric keypad, and an emphasis on phone calls and text messages. First released in 2018, the phone has some modern features that set it apart from old-school dumb phones, including support for 4G […]

The post Punkt MP02 voice phone now supports encrypted Signal calls and text messages appeared first on Liliputing.

The Apple Watch Series 6 is down to its lowest price yet today

But only the red model. Dealmaster also has Nest thermostats, monitors, & more.

The Apple Watch Series 6 is down to its lowest price yet today

Enlarge (credit: Ars Technica)

Today's Dealmaster is headlined by the biggest discount we've tracked for the Apple Watch Series 6, as the "Product (Red)" 40 mm version of Apple's latest high-end smartwatch is currently down to $320 at Amazon. You should see the full discount at checkout. This deal is $79 off Apple's MSRP and about $30 off the typical street price we've seen in recent months. The only catch is that it only applies to the red model, which may not suit everyone, though it's at least possible to swap in another band down the road if needed.

Though our review had some issues with the Apple Watch Series 6's sleep-tracking performance, we still generally found it to be an excellent smartwatch for activity monitoring and complementing an iPhone. The Apple Watch SE is still available for those who want to pay less, but it has a few trade-offs by comparison, most notably lacking an always-on display and ECG and blood oxygen measurements for health buffs.

If you don't need a new smartwatch, though, our deals roundup also has discounts on portable Bluetooth speakers, tons of Xbox and PlayStation games, Fitbit trackers, gaming monitors, Nest smart thermostats, and more. You can check out our full rundown below.

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Daily Deals (4-08-2021)

Amazon is running a 1-day sale on wireless speakers and headphones from Tribit, which makes today a decent day to pick up a set of earbuds for as little as $17, noise-cancelling headphones for $56, or a portable speaker for $20. Meanwhile, Newegg, Bos…

Amazon is running a 1-day sale on wireless speakers and headphones from Tribit, which makes today a decent day to pick up a set of earbuds for as little as $17, noise-cancelling headphones for $56, or a portable speaker for $20. Meanwhile, Newegg, Bose, and eBay have some deals of their own. The Epic Games […]

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FTC urges courts not to dismiss Facebook antitrust case

FTC blasts “anticompetitive actions to neutralize, hinder, or deter” competitors.

Facebook CEO Mark Zuckerberg.

Enlarge / Facebook CEO Mark Zuckerberg. (credit: Chip Somodevilla/Getty Images)

The Federal Trade Commission on Wednesday urged a federal judge in DC to reject Facebook's request to dismiss the FTC's high-stakes antitrust lawsuit. In a 56-page legal brief, the FTC reiterated its arguments that Facebook's profits have come from years of anticompetitive conduct.

"Facebook is one of the largest and most profitable companies in the history of the world," the FTC wrote. "Facebook reaps massive profits from its [social networking] monopoly, not by offering a superior or more innovative product because it has, for nearly a decade, taken anticompetitive actions to neutralize, hinder, or deter would-be competitors."

The FTC's case against Facebook focuses on two blockbuster acquisitions that Facebook made early in the last decade. In 2012, Facebook paid $1 billion for the fast-growing startup Instagram. While Instagram the company was still tiny—it had only about a dozen employees at the time of the acquisition—it had millions of users and was growing rapidly. Mark Zuckerberg realized it could grow into a serious rival for Facebook, and the FTC alleges Zuckerberg bought the company to prevent that from happening.

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Lenovo’s gaming phone has an extreme dual-fan cooling system

Lenovo Legion Phone Duel 2 has 2 fans, 2 USB-C ports, and 6 shoulder buttons.

We're not quite sure there's a huge demand for them, but ~$1,000 gaming phones are something manufacturers continue to push onto the market. If nothing else, they're at least interesting, and the latest entry, the "Lenovo Legion Phone Duel 2," has one of the most extreme cooling solutions in a phone, ever.

The phone design revolves around the camera bump—it feels like underselling it to just call it a "camera bump"—smack in the middle of the phone body. This bump covers about 25 percent of the back of the phone and houses two cameras, an RGB LED lighting system, a landscape pop-up camera (!), and two internal cooling fans.

Lenovo's internal diagrams show a large amount of copper and graphite cooling plates inside the phone; the plates contribute to the phone's impressive 259 g weight. In landscape mode, it looks like the fan in the bottom-left corner of the rear bump is exposed to the outside world and pulls in cool air. The air then travels along copper ducting and can exit out the vent at the bottom or get blown out the top by a second, totally internal fan in the top-right corner of the rear bump.

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Amazon warns Texas: Don’t pass bill that would drive up wind power costs

Bill would “directly assign” grid stability costs to renewable power providers.

Wind turbines in Colorado.

Enlarge (credit: Matthew Staver/Bloomberg via Getty Images)

Fallout from Texas’ statewide power outages in February continues to spread. Today, the Texas House of Representatives is scheduled to debate a bill that would require power producers to bear the costs of services that help keep the electrical grid stable.

If the bill passes, it would “unfairly shift the cost of ancillary electric services exclusively onto renewable generators rather than all the beneficiaries,” according to a letter written by the Partnership for Renewable Energy Finance (PREF), an industry group, and signed by Amazon, Berkshire Hathaway Energy, Goldman Sachs, and a number of other firms. 

Amazon and other big tech firms have invested heavily in renewable power, seeking to spruce up their images while cutting their power bills. Costs for wind and solar have dropped precipitously in recent years, making investments in wind farms and solar plants attractive to power-hungry data center operators like Amazon, Facebook, and Google. 

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Why some investors are excited about Ryan Cohen as GameStop’s next chairman

Move comes as GameStop tries to cash in on its persistent stock surge.

Struggling video game retailer GameStop announced Thursday that it intends to name Chewy.com co-founder Ryan Cohen as chairman of its board of directors following its next stockholder meeting on June 9. The move seems likely to further encourage some investors who continue to be bullish on GameStop stock and see Cohen's plans to "transform" the retailer as a key part of its recent sky-high rise in valuation.

Cohen, who sold pet-supplies retailer Chewy to PetSmart for $3.5 billion in 2017, has traditionally been cautious with his investing strategy, putting money into big, safe stocks like Apple and Wells Fargo. But Cohen bought a roughly 10 percent stake in GameStop last August, when short sellers thought the already-depressed stock would continue to lose value. He increased that stake to 13 percent in December, earning a number of seats on the company's board in the process.

During his time with the retailer, Cohen hasn't been shy about pushing for GameStop to "promptly pivot from a brick-and-mortar mindset to a technology-driven vision," as he put it in a November SEC filing. "If GameStop takes practical steps to cut its excessive real estate costs and hire the right talent, it will have the resources to begin building a powerful e-commerce platform that provides competitive pricing, broad gaming selection, fast shipping, and a truly high-touch experience that excites and delights customers."

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