Re:Apple wins the antitrust court battle with Epic Games, co...
by MBCook on Monday April 24, 2023 @09:53PM
(#35695672)
Wouldn’t work. Epic was expected to turn around after this suit and use it against the console makers if they won.
They want to have their app/game store everywhere, not just PC and smartphone.
Also, hasn’t “I know it when I see it” been criticized as a poor test since it was stated based on how arbitrary it is?
Re:Apple wins the antitrust court battle with Epic Games, co...
by dragonwriter on Monday April 24, 2023 @10:01PM
(#35695725)
> “I know it when I see it” has been used in a court before.
It’s been used in a court, but not too much effect; the popular source of that is a discussion of “hardcore pornography” in a concurrence to a Supreme Court decision in an obscenity case which was notable for having a majority on the ruling in the case, but no consensus by any more than two justices on either a rationale for the ruling, or (among the dissenters) on the reasons for rejecting the ruling.
Not really, they can just leave it up to the court's interpretation. "I know it when I see it" has been used in a court before. Just define it as a smartphone: No one is going to call a gaming console a smartphone, nor vice versa.
And applying a ruling to a specific industry isn't new either: see that Hollywood anti-trust case again. It was never applied to TV shows. Otherwise Netflix Exclusives wouldn't be a thing. Or any other "Only on Disney Channel/Cartoon Network/etc" show.