Mike Wuerthele

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Mike Wuerthele
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  • Epic versus Apple: What's at stake if Apple loses

    Mike Wuerthele said: So, like the first section and last paragraphs of the article point out: If Apple loses, it will have to make changes. Steering is the most likely thing to have to change, versus the rest of the consequences listed. 
    Regardless of whether it's a "what if" or not, any ruling would be based on prior legal precedents and the strength of Epic's case. Is there a legal precedent that says anti-steering is anti-competitive? I certainly haven't seen any reported. And Apple has provided proof that anti-steering is completely common throughout the industry. Has Epic provided evidence that there's something unique or unusual about how Apple's anti-steering clause works? Again, I haven't seen anything like that reported. So Epic is just arguing a personal preference for how they would like the App Store to work rather than demonstrating anything legally or through evidence. It's one of the weakest parts of their case, just like the commission complaints. 

    IMO, the problem with the "what if" is it's not really a legal perspective at all. The judge isn't going to rule based on whether or not certain items appear easier to implement. If Epic didn't make a legal case for it, it won't matter whether something is easy or hard. 
    AppleInsider doesn't operate in a vacuum, and we understand that we aren't attorneys. Evidently, the attorneys following the case see it a bit differently than you do, and a number of them that we spoke to for this piece are saying to us that this is the most likely outcome as Epic has made a case for it, should the judge hand Apple a loss.

    Ultimately, we'll all see together.
    williamlondonwatto_cobra
  • Actual US broadband penetration & speed falls far short of FCC claims

    steven n. said:
    This is the telling part:

    “The blue-colored areas are U.S. counties where less than 15% of people are using the internet at a 25Mbps download speed, which is the FCC's definition of high-speed internet.”

    The FCC judges by available. Microsoft judges by using. Two very different metrics. I would not expect The Verge’s sophomoric “journalism” to pick up on this. 
    The FCC considers a service block, which is about 100 square miles, "covered" if the ISPs report that one address has service that meets the 25/3 requirement. 

    The FCC judges by what the ISPs say, and it doesn't even have to be available beyond one address. Microsoft judges by use.
    roundaboutnowFileMakerFellermuthuk_vanalingamDogpersonGeorgeBMacllamaMplsP
  • Actual US broadband penetration & speed falls far short of FCC claims

    cg27 said:
    Really, imagine that, Alaska doesn’t have coverage in most areas.  Nor Texas in sparsely populated areas.  Go figure.  Come on, let’s apply some common sense.  Companies aren’t going to invest where it’s not justified.

    Also, this is precisely where the SpaceX StarLink is most apt.
    According to the FCC's data, nearly the entire US has 25/3 broadband, including those sparse areas in Texas.
    GeorgeBMacOfer
  • Epic Games vs Apple -- The continuing App Store saga

    johnbear said:
    nytesky said:
    The reason Epic can make so much money, is that Apple, Google, Microsoft and Sony have put a lot of R&D and marketing into iOS, Android, Xbox and Playstation. If Epic wants to sell direct to the consumer, they should make their own hardware. They want to leech off Apple and Google, but are willing to pay 30% to Microsoft and Sony (for now). 

    The shoplifting analogy that Apple uses isn't very good. It is more like Epic setting up shop and selling things inside an Apple Store without paying any rent; Epic cries in the store that they made the products they are selling not Apple, so Apple should let them stay there for free. 
    Remember before Apple invented this lucrative AppStore scam, games and software were downloaded and paid directly to the developer. Then Google & Microsoft followed as the service is very lucrative. The gov needs to step in to protect the consumers and developers from these draconian anticompetitive and monopolistic practices. 
    On the other hand Epic acted out of desperation and not in a very wise and strategic manner. 

    RE: the first point, that’s only true on PC’s. On gaming consoles the concession has always been 30%. Only now is MS considering lowering that to 12%. Apple’s App Store business isn’t any different from gaming consoles. 
    That 12% is for the Windows game store. As far as I know, it's planning on retaining 30% for the Xbox game store.
    randominternetpersonthtXed
  • Rudy Giuliani says warrant illegal since agents already had data 'from the iCloud'

    rob53 said:
    There is literally no reason for this to be an article on AI.  Because he used the term “iCloud” in his argument?   And the last three paragraphs of the article - general commentary on Apple’s work with government requests - have been covered, ad nauseam, in other pieces.  

    Stay out of politics, please.
    Since when has AI stayed out of politics. They usually just turn comments off. I would like to have seen AI go into more depth on what's actually stored on iCloud vs what's only on the iPhone. This would have been the perfect article for AI to present regardless of who owned the iPhone. 

    Speaking of Rudy, if he knows so much about an iPhone and iCloud, he should have taken precautions and not stored his backup and, maybe photos, on iCloud. Store them only on your Mac/PC and make sure they're encrypted. 
    They very nearly always start open, but when forum-goer behavior makes them no longer cost-effective to moderate, they get closed.

    In regards to what's stored in iCloud, versus what's only on the iPhone -- there is a list in the piece. As it pertains to "app data" - this depends on the app in question, and there is no real way to list what's stored there by every individual app. As a general rule, if there is an "iCloud sync" option in the app, Apple holds that data and will provide it upon subpoena.
    CloudTalkinmuthuk_vanalingamOferdysamoriaronnbaconstanglolliverright_said_fredGeorgeBMac