By
Debra KaufmanMay 4, 2021
The lawsuit between Apple and Epic Games has come to trial and is expected to last about three weeks. Epic sued the Big Tech company over its App Store rule that developers must use its payment system, for which it charges a 30 percent fee. Epic Games has also sued tech giant Google for the same issue on its Play Store. The European Union has similarly charged Apple with violating antitrust laws. At the trial, Epic’s lawyers will argue a legal theory that Apple is using its dominant position to stifle competition. Continue reading Apple, Epic Games Trial to Determine Anticompetition Charge
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Debra KaufmanOctober 8, 2020
Apple plans to limit the ability of Facebook and other companies to target ads via its identifier for advertisers (IDFA) by giving iPhone users the option to block tracking when opening an app. Meant to protect users’ privacy, the change was originally slated to be part of iOS 14, introduced last month. But Apple postponed the change until 2021 “to give developers time to make necessary changes.” In response, Facebook chief revenue officer David Fischer stated that the change will “hurt developers and businesses the most.” Continue reading Facebook Opposes Apple Plan to Limit Targeted Advertising
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Debra KaufmanSeptember 24, 2020
Facebook has upped the ante in its showdown with European regulators, stating that an unfavorable decision by Ireland’s Data Protection Commission (DPC) would leave the company no choice but to leave the region. Facebook Ireland’s head of data protection/associate general counsel Yvonne Cunnane is referring to the DPC’s preliminary order to stop the transfer of its European users’ data to servers in the U.S., citing fears of government surveillance. In response, Facebook filed a lawsuit challenging DPC’s ban. Continue reading Facebook Pushes Back Against Regulators on Data Transfer
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Debra KaufmanSeptember 1, 2020
When Angela Bolger’s laptop caught fire due to a replacement battery she bought on Amazon, she suffered third-degree burns and filed a lawsuit against the popular e-commerce site. Amazon responded by providing a refund for the battery. Until recently, Amazon has successfully fought off such liability suits. The stakes are high since almost 60 percent of all physical goods on its site now come from third-party sellers. The courts have traditionally sided with Amazon, but recent cases from a few states are changing that trend. Continue reading Some States Say Amazon Is Liable for Third-Party Products
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Debra KaufmanAugust 19, 2020
The Justice Department and Attorney General William Barr plan to bring an antitrust lawsuit against Google as soon as this summer, but not all of the DOJ staffers are happy with what they say is an “aggressive timeline.” Critics believe that the case isn’t ready for trial and that they need more time to determine if the “millions of pages of documents” contain enough evidence to win the case. But Deputy Attorney General Jeff Rosen stated that the case is “a major priority” and the DOJ is “going full-tilt.”
Continue reading Some DOJ Lawyers Warn of a ‘Rush’ to Bring Google Lawsuit
By
Debra KaufmanAugust 18, 2020
In a 2-1 vote, the U.S. Court of Appeals for the District of Columbia Circuit ruled that Charter Communications can charge Netflix and other video streaming services for network interconnection. That overturned one of the merger conditions imposed by the Obama administration when, in 2016, Charter purchased Time Warner Cable and Bright House Networks. FCC chair Ajit Pai set the stage for the court overturning these conditions by not defending their merits in court. The Competitive Enterprise Institute (CEI) filed the suit. Continue reading Charter Can Charge Video Services for Network Connections
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Debra KaufmanAugust 5, 2020
Shanghai Zhizhen Network Technology Company was recently granted a Chinese patent for a voice assistant similar to Apple’s Siri. It has also filed a patent-infringement lawsuit against Apple, with about 10 billion yuan ($1.43 billion) in potential damages. The suit stated that Apple products violate a virtual assistant patent with technical architecture similar to Siri’s that is owned by a Chinese artificial intelligence company. Apple responded that Siri’s features are different from those described in the Chinese patent. Continue reading Apple Is in a Patent Infringement Dispute Over Siri in China
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Debra KaufmanFebruary 28, 2020
The Ninth U.S. Circuit Court of Appeals in San Francisco ruled unanimously that privately operated Internet platforms can censor content at will — a rebuke of the argument advanced in conservative circles that the platforms are bound by the First Amendment. The case in question was the YouTube channel of Prager University, a non-profit founded by radio host Dennis Prager. YouTube tagged dozens of PragerU’s videos as “inappropriate,” and stripped their advertising, which led the channel to file a lawsuit in 2017. Continue reading Appeals Court Agrees Internet Platforms Can Censor Content
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Debra KaufmanJanuary 31, 2020
Facebook’s revenue rose 25 percent to $2.11 billion for the quarter, beating analysts’ expectations of $20.9 billion. Its 2019 revenue rose almost 27 percent, with Q4 profits a 7 percent lift to $7.35 billion. The company reported that, even as expenses grew, its user base grew 9 percent from a year earlier to 1.66 billion, topping FactSet’s prediction of almost 1.65 billion. Not all is rosy, however: Facebook agreed to pay $550 million to settle an Illinois class-action lawsuit over use of its facial recognition technology. Continue reading Facebook Revenue Strong, Despite Facial Recognition Suit
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Debra KaufmanDecember 10, 2019
The Democratic attorneys general of 13 states and the District of Columbia are suing to block the merger of T-Mobile and Sprint. According to legal experts, a suit in which so many states reject of the federal government’s settlement — and move to block it, without any federal support — is unprecedented. Merged, T-Mobile and Sprint, the third and fourth largest telecom carriers, would rival AT&T and Verizon Communications. The federal government approved the deal earlier this year, after demanding some concessions. Continue reading T-Mobile, Sprint Defend Proposed Merger in Federal Court
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Debra KaufmanNovember 26, 2019
In response to a lawsuit from FairPlay, a coalition of major broadcasting and telco companies, the Canadian Federal Court issued its first pirate site blocking order. The order requires major ISPs to block the domains/IP addresses of GoldTV, a pirate IPTV service, and also opens the door to a more comprehensive push to block other pirate sites. FairPlay also wants to see the implementation of a national pirate site-blocking initiative. CRTC, Canada’s telco regulator, denied the first request, saying it had no jurisdiction. Continue reading Canadian Federal Court Issues Pirate Site Blocking Measure
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Debra KaufmanNovember 8, 2019
California attorney general Xavier Becerra filed a lawsuit in California Superior Court to obtain Facebook documents and email correspondence between chief executive Mark Zuckerberg and chief operating officer Sheryl Sandberg. Becerra revealed that, over an 18-month period, Facebook has “ignored or resisted” his dozens of requests for these documents. Meanwhile, internal Facebook documents recently made public revealed the company was more interested in defeating rivals than improving customer privacy. Continue reading California Attorney General Sues Facebook For Documents
By
Rob ScottOctober 17, 2019
The Federal Communications Commission approved the merger between T-Mobile and Sprint yesterday, months after the Justice Department gave its approval. FCC chair Ajit Pai and Republican commissioners Brendan Carr and Michael O’Rielly indicated their support of the deal in May, believing that it would lead to a faster deployment of 5G. Democrats voted against the merger, and commissioner Jessica Rosenworcel argued that it would lead to higher prices and less innovation, ultimately impacting consumers. A coalition of state attorneys general are still attempting to prevent the merger with a multistate lawsuit. Continue reading FCC Formally Approves the Merger of T-Mobile and Sprint
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Debra KaufmanOctober 9, 2019
Facebook agreed to pay a $40 million penalty for providing incorrect metrics for average viewing time of ads on its platform. In 2016, Facebook admitted to the problem, and a group of small advertisers sued in California federal court, in part claiming that Facebook knew about the problem long before it admitted and fixed it. Facebook countered the impact was minimal because it doesn’t bill advertisers based on watch-time; plaintiffs disagreed, saying it is a “common indirect barometer to guide ad-buying decisions.” Continue reading Facebook Agrees to $40 Million Fine for Incorrect Ad Metrics
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Debra KaufmanAugust 5, 2019
CBS, Disney’s ABC, Comcast’s NBCUniversal and Fox are suing non-profit streaming service Locast in U.S. District Court in the Southern District of New York. Locast, funded in part by AT&T, retransmits local television stations without permission, free to consumers. The Supreme Court shut down Aereo, which streamed content without permission in 2014. Locast says its status is legal under the Copyright Act of 1976, because, unlike Aereo, it is a non-profit operating “booster” and “translator stations” that strengthen a TV station’s signal. Continue reading Broadcasters File Federal Suit to Stop TV Streamer Locast