It's not my opinion. It's fact that court doesn't compare open platforms (Windows, Linux Distros, macOS) with closed ones - iOS, Nintendo, Xbox, PlayStation.

Please see preliminary hearing video where judge rejected such arguments like yours. Epic lawyers failed very badly.

It does not matter what a judge said in the past when we want to create some new laws, the new laws will invalidate the old stuff.

You can't invalidate walled gardens because every company uses it. From Tesla to NASA.

Sure we can, if people want it they can. Example with ATM machines in EU, before I had to find an ATM machine from my bank because using other bank one would cost a lot, guess what laws fix that and the people benefited and the big banks suffered a bit, some rich bastards has one less expensive car now... so in a society it is possible to make illegal shitty behavior. (in case you are wondering the banks did not left and no righ dude lost his home because of this)

So if the people would convince the politicians that loot boxes, game exclusives, wall gardens, tracking etc is bad they can force the big giants to stop it and no fanboy or judge in Texas could affect what EU m Australia or other countries would decide.