A shift in antitrust thinking is gaining momentum in the U.S. as regulators are increasingly scrutinizing Big Tech. Scholars are examining antitrust issues in a context that focuses on the clout of leading companies. Antitrust regulation has historically focused on consumer welfare and whether or not there is economic impact. In recent decades, tech giants such as Amazon, Apple, Facebook and Google have experienced massive growth by offering free or cheap digital services. “People might enjoy using the tech platforms but they are also asking, ‘What kind of society do we want?’” suggests Hal Singer of George Washington University’s Institute of Public Policy. Continue reading Change in Antitrust Thinking Could Be Problem for Big Tech

Apple abruptly reversed a decision made a year ago to remove iPhone apps that use one of two technologies to allow parents to control their children’s use of Apple devices. The company revealed its move to allow parental controls in a short blog post on its website. The reversal comes on the heels of news that the Department of Justice and the Federal Trade Commission are scrutinizing Silicon Valley tech companies for antitrust behavior. App developers filed a lawsuit in California accusing Apple of monopolizing app distribution. Continue reading Apple Reinstates Kid Controls, App Developers File Lawsuit

In what could become a landmark decision, the Supreme Court has ruled to allow individual iPhone users to sue Apple in antitrust violation cases related to the tech giant’s App Store. In a 5-4 decision written by Associate Justice Brett Kavanaugh, the Supreme Court agreed with a lower court ruling that determined App Store customers could sue Apple for allegedly driving up prices by forcing them to purchase apps exclusively from the App Store. Apple lost its argument that was based on the contention that third-party developers set the prices for apps. While Apple holds steady in its belief that it does not represent a monopoly, the ruling could have future ramifications regarding consumers who seek to sue other app sellers for antitrust violations. Continue reading Supreme Court: App Store Customers Can Now Sue Apple

Spotify filed a complaint with European regulators accusing Apple of violating antitrust laws by crushing companies that compete with its services, including Apple Music. Apple charges a fee of up to 30 percent on anything sold in its App Store. Spotify reported to the European Commission that Apple’s policies are a “tax” that violate competition laws, and chief executive Daniel Ek complained that Apple gives itself “an unfair advantage at every turn.” It is uncertain if the complaint will lead to a formal EC investigation. Continue reading Spotify Brings Beef Against Apple to European Commission

In what has been an annual presentation at the HPA Tech Retreat, Thompson Coburn attorney Jim Burger delivered his update of legislation and litigation from the nation’s capital. His take on “administrative-legislative developments in copyright” was summed up by a slide of stars and the sounds of crickets, reflecting the government shutdown. Burger first briefly defined copyright as “an original expression in a fixed tangible medium,” and described the four-factor test that defines non-exclusivity. Continue reading HPA Tech Retreat: Jim Burger Presents Washington Update

Attorney David Goodfriend is a law professor and founder of Locast, a free streaming service that enables audiences to get content from ABC, CBS, FOX, NBC and PBS, on almost any device, at any time, with high-quality video. If this sounds like Aereo, the startup supported by Barry Diller that offered streaming content to subscribers, you’d be partially right. But the Supreme Court determined Aereo violated copyright law, forcing its closure, and Goodfriend believes he’s found a legal workaround: Locast is a nonprofit. Continue reading Locast Founder Offers Free Broadcast Streaming to Test Law

In South Korea, where eSports was born, a world championship match-up between the Chinese team Invictus Gaming and European team Fnatic was watched by tens of millions of fans around the world. The two battled out the championship finals of “League of Legends” in a 50,000-seat stadium in Incheon, where the Chinese team won the championship for the first time. Riot Games’ “League of Legends” (dubbed LoL by fans), released ten years ago, is still highly esteemed in the $13 billion global gaming industry. Continue reading ‘League of Legends’ Tournament Highlights eSports Growth

In light of how bad actors use online platforms to sow dissension and disinformation, many beleaguered tech behemoths have added another tool in its arsenal to fight this problem: so-called counterspeech initiatives. The term is based on Supreme Court Louis Brandeis’ statement that the best remedy for bad speech isn’t silence but more speech. YouTube — in addition to Redirect Method, which sends users searching for terrorism-related keywords to videos offering an alternative view — has its Creators for Change program. Continue reading YouTube Grows Investment in Creators for Change Program

The U.S. Department of Justice stated it is now reviewing the so-called Paramount consent decrees, settlements struck between 1948 and 1952 that govern the way movie studios do business with movie theaters. The DoJ’s announcement was unexpected, and could have major implications for how Hollywood does business. Those 70-year old decrees broke up Hollywood studios’ monopoly over production, distribution and exhibition by making them sell their theater chains. The review is aimed at ending outdated antitrust judgments. Continue reading Department of Justice Revisits Paramount Consent Decrees

In the United Kingdom, gambling operators make big money on what’s called in-play wagers — second-by-second action on when a goal is scored, where it lands in the net and who had the assist. U.S. gambling operators may have to follow suit since the Supreme Court struck down a federal ban on sports betting, opening the gates to states getting in on the action, via TV broadcasting. Now betting operators, from casinos to websites and phone apps, need to be able to beat TV’s 5-to-10 second delays. Continue reading With Legal Sports Betting, Data Rises in Value and Conflict

Apple and Samsung have settled their long-running patent dispute over allegations that Samsung had violated design and utility patents by copying various iPhone features. The seven-year battle began in 2011, initially resulting in a $1 billion ruling in favor of Apple. However, a number of appeals and countersuits sent the case to the Supreme Court and back, until yesterday when the two companies informed Judge Lucy Koh in a court filing that they had finally reached a settlement. Terms of the new agreement were not disclosed, but Samsung previously paid Apple $399 million for patent infringement. Continue reading Apple and Samsung Settle Legal Battle Over Phone Patents

The Supreme Court has ruled that police need a search warrant to obtain data showing the location of cell phone users. Similar to rulings made in 2012 and 2014, the Supreme Court rejected the argument that police should have the same access as investigators do in order to examine business records held in banks or conduct physical surveillance. The ruling stated the “world of difference” between 1970s decisions allowing the limited personal information obtained in accessing business records and today’s digital records. Continue reading Court Rules Police Need a Warrant for Phone Location Data

The Supreme Court ruled in a 5-4 vote that states have the authority to collect sales taxes from online retailers, even if they don’t have a physical presence in the state. In doing so, the justices closed a loophole that helped Internet sales to grow and also overturned 50 years of its own precedents that banned states from collecting sales tax from companies without such physical presence. The decision did not follow typical ideological decisions, with liberal justice Ruth Bader Ginsburg joining conservative justices. Continue reading Supreme Court Lets States Collect Sales Tax From E-Tailers

In the latest ruling of an ongoing seven-year patent battle over smartphone technology, a federal court in San Jose, California awarded Apple $539 million in its lawsuit against Samsung Electronics. “Apple sought about $1 billion in a retrial of a case that originally produced a verdict of that amount in 2012,” reports Bloomberg, “while Samsung argued it should pay only $28 million this time.” Following the 2012 verdict and 2013 retrial, the case went to the Supreme Court in 2016 before returning to U.S. District Judge Lucy Koh to determine damages. Continue reading Apple Awarded $539 Million in Smartphone Tech Patent Ruling

The Supreme Court’s ruling now permits states to make their own decisions about legal gambling on sporting events. For media and advertising companies, the ruling could also be a boon to their bottom line. With gambling, viewers will want to follow live sports in greater detail, and expanded sports coverage means more advertising dollars. In anticipation of such legalized gambling, media executives are mulling over ideas for programming on their digital platforms that include more stats and betting options. Continue reading Media Outlets See Advertising Boon in Legal Sports Gambling