Search for: "Roger Gonzalez"
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27 Oct 2022, 12:43 am
" But a monopolist can do a whole lot of things without giving a damn that a company in a competitive market wouldn't even dare to think of.It was remarkable how Judge Yvonne Gonzalez Rogers--which is separate from whatever she got wrong in her subsequent decision--quizzed Tim Cook on the last day of testimony at the Epic v. [read post]
21 Nov 2022, 11:45 pm
Normally, it's just that the positive aspects of something are blown out of proportion and the downside is grossly understated, which distorts the ratio between good and bad.When Apple claims that its tyrannical and extortionate strangehold on app developers is ultimately a good thing because of the overarching goals of privacy and security, and wants Epic's antitrust lawsuit thrown out and the Open App Markets Act (OAMA) not to be passed into law by United States Congress, there are… [read post]
26 Oct 2022, 5:40 am
Apple judgment by Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California. [read post]
22 Dec 2021, 10:52 pm
Constant dripping wears away the stone, while Epic's more "explosive" and dramatic approach apparently wasn't to Judge Gonzalez Rogers's liking and may not be viewed favorably by the appeals court either.Horacio started writing letters to Apple in which he (rightly, in my opinion) accused Apple of antitrust violations and demanded a change of behavior. [read post]
28 Mar 2022, 12:51 am
While Judge Yvonne Gonzalez Rogers ("YGR") of the United States District Court for the Northern District of California had some great moments during the Epic Games v. [read post]
9 Feb 2022, 8:05 pm
On the one hand, it's understandable that Judge Yvonne Gonzalez Rogers was wondering--especially in light of some Epic-internal emails along the lines of "why go after Apple, not Sony? [read post]
17 Oct 2022, 9:53 pm
For example, some state law claims necessarily failed because the related claims under federal law had been ruled against.While Apple calls it an uphill battle for Epic, Judge Yvonne Gonzalez Rogers herself said at the outset of the case that the parties should please agree to a jury trial because in her observation the appeals court affords a lot more deference to jury verdicts than to judicial decisions.No matter what Apple told the press on Saturday, I am sure they are very,… [read post]
27 Feb 2022, 12:22 am
But that was really just anecdotal evidence as Judge Gonzalez Rogers called it toward the end of the trial. [read post]
21 Jan 2022, 3:26 am
Here, Epic would like to benefit from the lower hurdle even though app developers have no choice but to accede to Apple's unilaterally-imposed terms.Epic's brief shows that Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California relied on two cases in which there was no contract in a narrow sense and a third in which the one who imposed the terms was not acquitted by the Ninth Circuit (a district court held it potentially… [read post]
15 Oct 2022, 10:00 am
I've re-read the related sections of the district court's opinion and the appellate briefs), and can share my observations six days prior to the Friday (October 21) hearing in San Francisco (see We now know the three judges who will decide Epic Games' appeal against Apple--and the composition of the Ninth Circuit panel, two of whose members ruled against the NCAA, likely favors Epic).I remember from the TRO/PI stage (more than two years ago) how Epic's counsel--Cravath Swaine… [read post]
14 Nov 2021, 1:32 am
"Apple has a very strong argument for a stay here because the Ninth Circuit will think hard and long before allowing the enforcement of an injunction of a kind for which there is no appellate precedent and which at first sight cannot be reconciled with the Supreme Court's Amex decision.Of course, Judge Yvonne Gonzalez Rogers tried to distinguish her anti-anti-steering injunction under California's Unfair Competition Law from Amex, but I believe the appeals court will… [read post]
28 Apr 2022, 11:31 pm
"What isn't clear to me here is how this disadvantages Bandcamp as compared to any rival marketplace.For the purpose of securing a PI, Epic's motion must be focused, and Epic had to carefully avoid that Judge Gonzalez Rogers's decision in the Apple case--no matter how flawed in at least some areas--would serve as binding precedent in Google's favor. [read post]
16 Sep 2020, 5:00 am
Whether Epic would appeal is another question, given that they would probably give up with respect to Fortnite and then bring it back to the App Store in a compliant form--in which case the Unreal Engine issue would be moot.Judge Gonzalez Rogers in the next step, and possibly the Ninth Circuit thereafter, will find various facts in the record that suggest there really aren't two Epics except in a purely formal sense:"Epic administers the two accounts 'as if they are… [read post]
1 Jul 2022, 12:48 am
Apple case is a great example: it went all the way up to the Supreme Court, which (unlike Judge Yvonne Gonzalez Rogers, and only by a narrow vote) determined that iPhone users are directly harmed by--should there be any--monopoly abuse by Apple in the form of excessive App Store commissions. [read post]
14 May 2022, 1:51 am
I remember how Cravath partner Gary Bornstein told Judge Yvonne Gonzalez Rogers (YGR) at the TRO and PI hearings in 2020 that a party simply should not have to abide by a contract that was unilaterally imposed upon it in violation of the antitrust laws. [read post]
1 Jan 2022, 4:36 am
Two new issues arose last year, however, and it's hard to tell which one is worse:the unbelievable power and money grab (with earthquake-like repercussions even on the Android side of the market) resulting from ad tracking (where Apple's self-preferencing is so very obvious), andthe way Apple's AirTags lend themselves to abuse by stalkers and thieves because Apple focused only on network effects instead of prioritizing the prevention of abuse.There's a chance that Apple will do… [read post]
12 Aug 2021, 4:57 am
The number one issue that Judge Yvonne Gonzalez Rogers raised on the last day of the recent Epic Games v. [read post]
14 Sep 2021, 10:18 pm
(Some would argue that it's unfair in other ways, too, but I wish to keep a narrow focus in this post.)In the decision, Judge Yvonne Gonzalez Rogers accuses Epic of "overreach" and suggests that Epic wanted Apple to receive nothing from app developers, though even her own decision notes that "Epic Games does not venture to argue that Apple is not entitled to be paid for its intellectual property. [read post]
17 Apr 2016, 2:17 pm
Forbes, 28 F 3rd 409, 412-13 4th Cir. 1994; Rogers v. [read post]
26 Sep 2022, 12:27 am
Then the focus is on whether Apple abuse its aftermarket monopoly.I've previously explained in detail why Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California got the law, the economics, and the technology wrong with respect to the foremarket part. [read post]
