[HN Gopher] Apple files emergency motion to become defendant in ...
       ___________________________________________________________________
        
       Apple files emergency motion to become defendant in US vs. Google
       [pdf]
        
       Author : zdw
       Score  : 365 points
       Date   : 2025-01-31 16:53 UTC (15 hours ago)
        
 (HTM) web link (storage.courtlistener.com)
 (TXT) w3m dump (storage.courtlistener.com)
        
       | chomp wrote:
       | Title says Google vs US, but the case is actually US v Google, no
       | one is suing the US.
        
         | B1FF_PSUVM wrote:
         | Not to mention which is the defendant that Apple is siding
         | with...
        
           | ishtanbul wrote:
           | Google is defendant
        
           | achierius wrote:
           | What do you mean? The US is not a defendant in this case,
           | it's not ambiguous -- defendant just refers to the
           | party/parties accused of a crime. You can have multiple
           | defendants, but only one 'side' of the trial will contain any
           | defendants -- the other side, the US in this case, is the
           | plaintiff.
        
             | jonas21 wrote:
             | That's why it's important to list the parties in the
             | correct order.
        
               | freejazz wrote:
               | On appeals, cases are listed based on which is the
               | appellant which is the respondent.
        
             | nightpool wrote:
             | Right, they're saying that the title is misleading/
             | ambiguous because it confuses the order of defendant and
             | plaintiff, so if you just read Apple's motion you'd be
             | confused about which is which and who Apple is arguing with
        
             | yapyap wrote:
             | Yes, they're saying it was not clear who was the defendant
             | in the title, it seemed like the US was.
        
         | dang wrote:
         | Ok, we've swapped them in the title above. Thanks!
        
       | jtbayly wrote:
       | So what case is this? I'm assuming something app-store related?
        
         | samcat116 wrote:
         | I think its the search monopoly one. Likely due to the fact
         | that it was ruled illegal for Google to pay Apple $20B for
         | default search engine placement.
        
         | perihelions wrote:
         | It's the search engine kickbacks, I believe:
         | 
         | - _" This would leave Apple without the ability to defend its
         | right to reach other arrangements with Google that could
         | benefit millions of users and Apple's entitlement to
         | compensation for distributing Google search to its users."_
         | 
         | Also,
         | 
         | https://www.reuters.com/technology/google-antitrust-ruling-m...
         | ( _" Google antitrust ruling may pose $20 billion risk for
         | Apple"_ (2024))
        
         | matt_heimer wrote:
         | Google monopoly case. Apple is involved because Google pays
         | Apple to set the default search engine in Safari to Google.
         | Apple received 20 billion from Google in 2022 (1) and Google
         | has floated the idea of loosening of its agreements with Apple
         | to make the US government happy (2).
         | 
         | Apple doesn't want to give up that Google money.
         | 1. https://www.reuters.com/technology/apple-seeks-defend-
         | googles-billion-dollar-payments-search-case-2024-12-24/
         | 2. https://www.reuters.com/legal/google-says-it-could-loosen-
         | search-deals-us-antitrust-case-2024-12-21/
        
         | cyberax wrote:
         | It's a part of it, for sure. Apple is apprehensive of monopoly
         | findings, because it'll provide more ammo for the future
         | lawsuits regarding its AppStore monopoly.
        
       | frereubu wrote:
       | This is the case referred to:
       | 
       | "The United States of America, acting under the direction of the
       | Attorney General of the United States, and the States of
       | Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana,
       | Mississippi, Missouri, Montana, South Carolina, and Texas, acting
       | through their respective Attorneys General, bring this action
       | under Section 2 of the Sherman Act, 15 U.S.C. SS 2, to restrain
       | Google LLC (Google) from unlawfully maintaining monopolies in the
       | markets for general search services, search advertising, and
       | general search text advertising in the United States through
       | anticompetitive and exclusionary practices, and to remedy the
       | effects of this conduct."
       | 
       | https://www.courtlistener.com/docket/18552824/1/united-state...
       | 
       | Edit: NAL, but this seems to be at least partially about Apple
       | bundling Google search in MacOS / iOS: (From the emergency
       | motion) "Second, Apple will suffer clear and substantial
       | irreparable harm if it is unable to participate in the remedies
       | phase moving forward. Apple will be unable to participate in
       | discovery and develop evidence in the targeted fashion it has
       | proposed as this litigation progresses toward a final judgment.
       | If Apple's appeal is not resolved until during or after the
       | remedies trial, Apple may well be forced to stand mute at trial,
       | as a mere spectator, while the government pursues an extreme
       | remedy that targets Apple by name and would prohibit any
       | commercial arrangement between Apple and Google for a decade.
       | This would leave Apple without the ability to defend its right to
       | reach other arrangements with Google that could benefit millions
       | of users and Apple's entitlement to compensation for distributing
       | Google search to its users. Further, Apple will be unable to
       | present its own live testimony or cross-examine witnesses who
       | opine about Apple's interests and incentives with respect to the
       | general search market."
        
         | yogurtboy wrote:
         | Thanks for the overview!
         | 
         | Can't help but notice that this is all deep red states. Why
         | might that be? From above, this seems pretty bipartisan and
         | what Lina Khan (MVP) has been working on for the last four
         | years.
        
           | adam_arthur wrote:
           | Some issues are (largely) bipartisan.
           | 
           | Over time the sentiment towards concentration of power in
           | small number of big tech firms has rubbed both the Democrats
           | and Republicans the wrong way.
           | 
           | Somewhat for different reasons initially, but the end
           | result/agreement converges.
        
           | chrisco255 wrote:
           | State AGs from the same party are more likely to work
           | together on a suit. Big tech has almost exclusively donated
           | to and supported democrats over the years, so AGs from that
           | party have more political capital to lose.
        
       | epikorean wrote:
       | Makes sense. Judge Mehta blocked Google from paying Apple. Apple
       | wants to keep receiving billions of dollars from Google.
        
       | jedberg wrote:
       | Can someone with a law degree break this down for us?
        
         | jerjerjer wrote:
         | Not a lawyer but looks fairly straightforward.
         | 
         | Google payed Apple billions of $ to be the default iPhone
         | search engine.
         | 
         | US says it's an anti-competitive and is currently suing Google.
         | 
         | Part of the suit is that plaintiffs proposed a remedial term
         | unique to Apple that would forbid any "contract between Google
         | and Apple in which there would be anything exchanged of value."
         | 
         | That means Apple is going to be out of $20 billions per year
         | (or whatever Google pays to Apple) for the foreseeable future.
         | 
         | Apple does not like this and tries to inject themselves into
         | lawsuit on the side of Google.
        
       | generj wrote:
       | It seems the key sticking point is that the DOJ proposed
       | forbidding "any contract between Apple and Google in which there
       | would be anything exchanged of value."
       | 
       | In other words, give us our $15 -20 Billion a year.
        
       | allcentury wrote:
       | > Plaintiffs proposed a remedial term unique to Apple that would
       | forbid any "contract between Google and Apple in which there
       | would be anything exchanged of value."
       | 
       | Wow
        
         | brookst wrote:
         | Yeah that seems a little extreme. Like some person at Apple
         | signs up for Google Workspaces and the company's in violation.
        
           | SAI_Peregrinus wrote:
           | Or Google wants to buy/license any Apple products, e.g. for
           | developing apps to run on Apple devices.
        
             | lazide wrote:
             | Or you know, buy some iPhones or MacBooks.
        
             | talldayo wrote:
             | God forbid humanity invents the technology to develop and
             | distribute software without a $99/year fee.
        
           | duskwuff wrote:
           | Or, for that matter - Apple is a major customer of GCP for
           | iCloud storage. A court order requiring that business to
           | cease would place an undue burden on Apple.
        
         | CobrastanJorji wrote:
         | Ooof. Google gives Apple like a third of its search revenue on
         | iOS searches. Apple gets tens of billions of bucks from this.
         | Presumably it is so much money in part because Microsoft would
         | happily pay half that to be the default instead. But if Google
         | isn't allowed to offer anything at all, Microsoft is free to
         | offer only a sliver of what it otherwise would have, because
         | what's Apple gonna do otherwise, send all of its users to Duck
         | Duck Go?
        
           | mcintyre1994 wrote:
           | I suspect the biggest concern Apple has is that it's a big
           | part of their services revenue, which is what's holding their
           | earnings up currently. They want Services to be seen as a big
           | interesting business, but it's mostly Google and App Store
           | games. It'd be a big problem for them to report a drop in
           | services revenue, and they're not going to find anything to
           | replace it quickly enough.
        
             | bilbo0s wrote:
             | From a legal perspective, Apple's biggest concern, _by far_
             | , is that this case could set a precedent for using courts
             | to sanction Apple without letting Apple in court. Next to
             | that, revenue is meaningless. Because they can take your
             | revenue from whatever source via judgement, without giving
             | you so much as an opportunity to file a brief in front of
             | the court.
             | 
             | This is one time where there is _much_ more on the line
             | than money. At least for Apple. Maybe for everyone if the
             | Supremes were to say this is OK. (Unlikely in the extreme,
             | but still.)
        
               | DanHulton wrote:
               | This is an underrated comment and should be WAY higher.
               | Like a lot of things Apple does, this isn't about the
               | thing itself, but about the next ten to twenty years of
               | related things.
        
             | brookst wrote:
             | Also consider that a good portion of Apple's services
             | revenue is from services running on GCP, which would be
             | prohibited. They could go all-in with AWS and Azure, but
             | that's a significant tech change and reduces their
             | negotiating power with those alternatives.
        
               | scarface_74 wrote:
               | And how does that help? You're going from the 3rd largest
               | cloud provider to the first and second?
               | 
               | Apple already runs some of its workloads on AWS. It was
               | an open secret inside AWS before. But they brought an
               | Apple person on stage at the last reinvent
        
               | avianlyric wrote:
               | I think GP point, is that the proposed remedy: "contract
               | between Google and Apple in which there would be anything
               | exchanged of value." would force Apple ditch all Google
               | services, including GCP. Given paying Google for GCP
               | services would require a contract exchanging something of
               | value.
        
               | scarface_74 wrote:
               | I know, I'm saying that it is a dumb remedy to "we don't
               | like BigTech colluding so we are going to force Apple to
               | leave the third largest cloud provider (an also ran) for
               | the first and second largest provider"
        
               | brookst wrote:
               | It's a dumb remedy in general, seemingly created without
               | any understanding of the industry.
        
           | ClumsyPilot wrote:
           | > what's Apple gonna do otherwise, send all of its users to
           | Duck Duck Go?
           | 
           | I mean, ye
        
           | computerfriend wrote:
           | > what's Apple gonna do otherwise, send all of its users to
           | Duck Duck Go?
           | 
           | Now that they're not encumbered by the Google deal: build
           | their own search engine.
        
             | xp84 wrote:
             | Yup! And the fact that Apple has so far appeared completely
             | uninterested in doing this (compare this to how
             | aggressively Apple competes against Google Maps!) proves
             | that this anticompetitive financial arrangement harms
             | competition, which harms consumers (and probably even harms
             | advertisers, since having Google Search in such a dominant
             | position means Google has much more pricing power to sell
             | ads than they would if a large chunk of iPhone users moved
             | over to Apple Search).
        
               | voxic11 wrote:
               | Apple created maps because Google refused to implement
               | turn by turn directions in the ios version of google maps
               | (for a few years at least).
        
               | kumarm wrote:
               | If I remember correctly apple wanted Turn by Turn
               | navigation while also not adding any ads to the app
               | (essentially be their maps but no revenue).
        
               | scarface_74 wrote:
               | Apple was paying for Google Map data.
        
             | voxic11 wrote:
             | They have the google deal specifically because they don't
             | want to be in the search engine business.
             | 
             | > In a declaration filed with the U.S. District Court in
             | Washington, Apple Senior Vice President Eddy Cue said
             | creating a search engine would require diverting
             | significant capital and employees, while recent AI
             | developments make such an investment "economically risky."
             | 
             | https://fingfx.thomsonreuters.com/gfx/legaldocs/zgvoalybovd
             | /... declaration.pdf
        
               | jkestner wrote:
               | Yeah, it would divert the $20 billion in capital that
               | Goole currently pays Apple to not be in the search engine
               | business.
        
             | throw0101c wrote:
             | > _Now that they 're not encumbered by the Google deal:
             | build their own search engine._
             | 
             | "Encumbered"? Apple _wants_ a deal with Google search.
             | Apple is  'self-encumbering' themselves: Apple _wants_ the
             | deal so they don 't have go through the rigamarole of
             | building it themselves.
             | 
             | Building would cost a lot _and_ they 'd also not be getting
             | cash from Google: so they're doubly hit.
        
               | deafpiano wrote:
               | "You mean I don't have to build a search engine, pay for
               | it's upkeep and engineers, AND you'll give me money?" -
               | Tom Cook probably circa > 0 AD
               | 
               | Easy for google to measure their IOS mobile Ad revenue to
               | justify the billions.
        
             | jeroenhd wrote:
             | Apple has enough spare cash to buy a small country. They
             | can build a search engine if they wanted to.
             | 
             | There's a reason there are only a dozen or so successful
             | search engines worldwide, and maybe five successful image
             | search engines. The margins are razor thin, it's a constant
             | battle against "SEO optimisers" trying to ruin search
             | engines for profit, and the moment they get popular
             | governments start coming up with very creepy requests and
             | demands.
             | 
             | It'll cost them billions and they won't know if they can
             | even beat Google before Google drops them as a client for
             | trying to compete with them, taking out a lucrative multi
             | billion dollar deal for a default setting.
             | 
             | No, I think they'll just contract Microsoft Bing and rid
             | themselves of the risks. They're already incorporating
             | Microsoft's side OpenAI side project into their service
             | stack, so it'd just make sense to couple further. Maybe the
             | American government will sue them for that deal as well,
             | but before that's final there will be years of not decades
             | of lawsuits and appeals.
        
           | claytongulick wrote:
           | Or Kagi :D
        
             | scarface_74 wrote:
             | Which pays Google...
        
               | Apocryphon wrote:
               | How does Kagi pay Google
        
               | scarface_74 wrote:
               | They pay Google for search results and are a front end
               | for it with.
        
               | claytongulick wrote:
               | Lots of sources, including their own indexer [1]
               | 
               | [1] https://help.kagi.com/kagi/search-details/search-
               | sources.htm...
        
           | reginald78 wrote:
           | Apple is one of the most valuable companies in the world.
           | They'd probably just buy an also ran search engine and make
           | it the default. I'd say the only reason they didn't do this
           | already was Google's money bag was so big and replacing them
           | would be so easy if it shrank or disappeared.
           | 
           | Smaller companies are the ones that will really get screwed
           | by this ruling, Apple will be fine.
        
             | jayd16 wrote:
             | That would possibly recoup the laziest of users but
             | wouldn't the bulk simply switch to Google, leaving Apple
             | with none of that revenue?
        
               | paxys wrote:
               | Exactly. Users have to manually download Chrome yet it
               | has a 70% market share. Changing the search engine on
               | mobile is already easy enough, far easier than installing
               | a browser. Google will get a majority of its share back,
               | while Apple will get nothing.
        
               | BryantD wrote:
               | Google has a strong position in search, and pushes Chrome
               | every time you hit their top level page. Also Chrome is
               | the default on Android, yeah? I don't think you can
               | extrapolate from that market share to determine how
               | likely people are to change browsers.
        
               | creato wrote:
               | The parent's market share claim is for desktop OSes,
               | where Android is irrelevant.
               | 
               | It's still far easier to _not_ install chrome than it is
               | to install it: downloading a thing, running the
               | downloaded thing, click through all the dialogs, ignore
               | all of Windows 's nags to stick with Edge (which is
               | probably a greater abuse of platform control than
               | advertising on the search page), ...
        
               | BryantD wrote:
               | Ah, my error -- thank you!
        
               | nijave wrote:
               | I think a lot of companies switched to pushing Chrome via
               | device management during the later IE days and never
               | switched back. Presumably that's a decent chunk of market
        
               | AnthonyMouse wrote:
               | > Google will get a majority of its share back, while
               | Apple will get nothing.
               | 
               | Then you would have to ask, if people would only switch
               | back to Google anyway, why is Google paying them
               | currently? Depriving Apple of the incentive to develop a
               | competing search engine good enough for people to
               | willingly use.
        
               | adam_arthur wrote:
               | Honestly it's the only logical conclusion.
               | 
               | Otherwise the terms of the deal are terrible for Google
        
               | willseth wrote:
               | Not on iPhone. Chrome has 30% market share.
        
               | paxys wrote:
               | Because Chrome isn't a thing on iPhone. It's Safari
               | webview with a very thin layer of Chrome branding around
               | it. Users have very little incentive to switch. And
               | considering Google search is the default on both, Google
               | doesn't have much of an incentive to push users either.
        
               | scarface_74 wrote:
               | Google doesn't care about Chromium (the engine) being on
               | iOS. They care most about getting user data from people
               | using Chrome on iOS.
        
               | CamperBob2 wrote:
               | They might, if Google hadn't enshittified their own
               | product over the last few years. At this point, I will at
               | least _listen_ to anyone who says they 're willing to
               | take search seriously again.
               | 
               | It was Google's game to lose, and they seem to be trying
               | their hardest to do just that, without any help from
               | competitors or the government.
        
               | Someone wrote:
               | If so, why is Google paying Apple billions? Insurance
               | against the risk that that isn't true? Seems like an
               | expensive insurance...
        
               | sbarre wrote:
               | If the revenue is worth the cost, why leave it to chance?
               | 
               | Internet Explorer seemed impossible to beat when it was
               | packed in with Windows, and yet Chrome is now the
               | dominant browser.
               | 
               | I'm sure that isn't lost on Google. The change might not
               | happen overnight but why even let it start if you can
               | afford not to.
        
               | jayd16 wrote:
               | The payoff disincentivizes Apple from competing and
               | ensures Google does not need to compete. I would assume
               | there's also some kind of exclusivity such that Apple is
               | also incentivized to promote Google search over others.
               | 
               | Google would likely win the melee but not without unknown
               | effort. Loss of users + risk + higher maintenance cost is
               | all part of the equation.
        
           | jayd16 wrote:
           | > Microsoft is free to offer only a sliver of what it
           | otherwise would have
           | 
           | Would Apple even be able to make a deal with anyone at that
           | point?
        
           | adam_arthur wrote:
           | I seriously doubt Apple would move to Bing by default, even
           | if there were some short term monetary gain. Using a
           | subpar/cluttered search interface is so far off from their
           | brand image.
           | 
           | I find it 10x more likely Apple would suddenly find the
           | motivation to make their own search engine if forced to end
           | their deal with Google.
           | 
           | (They say they wouldn't under any circumstance, but seems to
           | be posturing to me)
           | 
           | Regardless, it's clear getting paid Billions to give people
           | the default they'd choose anyway is a good deal for them.
           | 
           | I wonder who at Google negotiated this, because the terms
           | seem very bad for them. They only make sense if the premise
           | was to prevent Apple from starting a competitor
        
             | TimTheTinker wrote:
             | > I find it 10x more likely Apple would suddenly find the
             | motivation to make their own search engine if forced to end
             | their deal with Google.
             | 
             | I think that could only work if someone successfully makes
             | the case internally that an Apple search engine built in to
             | Safari (not as a first-class web app) would boost the Apple
             | brand and/or Safari market share enough to justify it.
             | Maybe even offer it as a subscription.
             | 
             | To monetize it with ads would go completely against their
             | DNA -- ad revenue incentivizes companies to violate users'
             | privacy and build a sub-optimal UX. So it would have to be
             | either a subscription or a platform feature.
        
               | shepherdjerred wrote:
               | How does Apple make money on Apple Maps without ads?
        
               | scarface_74 wrote:
               | It doesn't need to. It's a part of the platform. It's a
               | necessity.
               | 
               | But I'm sure they make some money off of the Uber/Lyft
               | integration
        
               | FateOfNations wrote:
               | The $1199 I paid for my iPhone is how they make money on
               | Apple Maps.
        
               | ksec wrote:
               | >To monetize it with ads would go completely against
               | their DNA
               | 
               | They already do Ads on Apps Store.
        
             | SoKamil wrote:
             | > I seriously doubt Apple would move to Bing by default,
             | even if there were some short term monetary gain. Using a
             | subpar/cluttered search interface is so far off from their
             | brand image.
             | 
             | > I find it 10x more likely Apple would suddenly find the
             | motivation to make their own search engine if forced to end
             | their deal with Google.
             | 
             | I find it 10x more likely that in such case they would use
             | white label Bing and do front-end on their own.
        
               | adam_arthur wrote:
               | Why would Apple be allowed to partner with Microsoft,
               | which is even larger than Google?
        
           | chrisco255 wrote:
           | Or just don't use a default at all and have users select a
           | search provider when they get their phones. Would mean they
           | don't get any kickbacks though. They could also, and probably
           | should, route most requests through Siri first, that is, when
           | they finally get Siri up to the level of modern LLMs.
        
         | frereubu wrote:
         | As far as I understand it, this is specifically to do with the
         | bundling of Google search in Apple devices. Still big but not a
         | ban on any contracts between them.
        
           | btown wrote:
           | From https://www.bloomberglaw.com/public/desktop/document/UNI
           | TEDS... the proposed restriction seems to be:
           | 
           | > "Google must not offer or provide anything of value to
           | Apple--or offer any commercial terms--that in any way creates
           | an economic disincentive to compete in or enter the GSE or
           | Search Text Ad markets,"
           | 
           | That's a _very_ broad statement that could easily be
           | interpreted to cover more than just the default-search-
           | provider agreement.
        
             | frereubu wrote:
             | True - hadn't spotted the bit about the Search Text Ad bit
             | either.
        
             | AnthonyMouse wrote:
             | It's pretty consistent with what the law actually says.
             | Here's the Sherman Act:
             | 
             | > Every contract, combination in the form of trust or
             | otherwise, or conspiracy, in restraint of trade or commerce
             | among the several States, or with foreign nations, is
             | hereby declared to be illegal.
             | 
             | > Every person who shall monopolize, or attempt to
             | monopolize, or combine or conspire with any other per- son
             | or persons, to monopolize any part of the trade or commerce
             | among the several States, or with foreign nations, shall be
             | deemed guilty of a felony
             | 
             | It's _very_ under-enforced, but that 's what it says.
        
         | mimsee wrote:
         | So all Google services would disappear from the App Store
         | because it could be argued that it provides tremendous value
         | for Google to have their services there? The $100 USD /year
         | fee, even if withdrawn, would trigger it, since it's a
         | contract, right?
        
         | tivert wrote:
         | >> Plaintiffs proposed a remedial term unique to Apple that
         | would forbid any "contract between Google and Apple in which
         | there would be anything exchanged of value."
         | 
         | > Wow
         | 
         | That seems a little broad. Wouldn't it forbid Google from
         | buying Macbooks for employees, for instance?
        
           | CDRdude wrote:
           | There's a joke in there about the value of Macbooks.
        
           | chrisco255 wrote:
           | No, because there's no contract necessary to purchase
           | Macbooks.
        
             | tivert wrote:
             | > No, because there's no contract necessary to purchase
             | Macbooks.
             | 
             | You don't have to sign a paper in a big room with lawyers
             | to have a contract. Whenever you buy something, you're
             | entering into a contract. It's got all the elements.
        
       | madars wrote:
       | Docket: https://www.courtlistener.com/docket/18552824/united-
       | states-...
       | 
       | The case is about prohibiting Google to enter search deals with
       | distributors (both phone makers like Apple, carriers, and browser
       | developers like Mozilla), see Bloomberg reporting:
       | https://archive.is/sneIB . The original complaint is the first
       | PDF in the docket.
        
         | granzymes wrote:
         | I've been following this case, and explained the history here:
         | https://news.ycombinator.com/item?id=42889763.
         | 
         | The tile would be more accurate if it said "Apple requests a
         | pause in US vs. Google while it attempts to intervene".
        
           | dmvdoug wrote:
           | Yes, vastly better. The title as it now stands makes no sense
           | at all.
        
         | jopsen wrote:
         | If enforced wouldn't it make life hard for Mozilla?
         | 
         | They can get other search deals, but their negotiation position
         | would be a lot worse.
         | 
         | disclaimer: opinions are my own.
        
       | vessenes wrote:
       | Interesting; I wonder if DOJ approaches on this stuff will
       | continue (Vance has been clear he's a big tech skeptic), or if
       | things will chill out a little.
       | 
       | In this case, the big complaint Apple has is that there was a
       | really long trial, US v. Google, and one of the proposed remedies
       | is a ban on a "contract between Google and Apple in which there
       | would be anything exchanged of value."
       | 
       | Apple is like "hold on a minute here, we weren't party to this
       | trial."
       | 
       | When they asked to file some briefs, they were denied. Hence
       | these motions, and also the PR push, I imagine.
       | 
       | I'm not a lawyer, but it seems like any party named in an order
       | should at least be allowed to show up and say some things. We'll
       | see.
        
         | AnimalMuppet wrote:
         | Well, if what Google was doing was against the law, then Apple
         | really doesn't get a say. Google just has to stop, whether
         | Apple likes it or not.
        
           | OsrsNeedsf2P wrote:
           | This is incorrect. First, some laws only carry fines which
           | corporations can choose to pay instead of abiding. Second, in
           | the US, you have the right to challenge laws, which is what's
           | happening here. Third, my understanding is there is no "law"
           | preventing this deal, only a pending lawsuit to cease the
           | deal.
        
             | shkkmo wrote:
             | The law allegedly being broken is:
             | https://en.wikipedia.org/wiki/Sherman_Antitrust_Act which
             | prohibits the types of behavior Google is accused of.
        
           | SpicyLemonZest wrote:
           | That's not what this is about. When a court finds that there
           | was a violation of law, they can impose remedies that go far
           | beyond what the law normally requires, and Apple says in the
           | filing that they're concerned about "an extreme remedy that
           | targets Apple by name and would prohibit any commercial
           | arrangement between Apple and Google for a decade". I don't
           | know this case in enough detail to say whether that statement
           | is fair, but if it is there's clearly no general law against
           | making commercial arrangements with Apple.
        
             | xp84 wrote:
             | I wonder how many people agree with me that two unrepentant
             | monopolists (and the two halves of a completely-
             | indisputable duopoly) such as these justifiably _shouldn
             | 't_ be allowed to make any financial deals with one another
             | by default, in a fair and sane world.
             | 
             | Or at minimum, any such deal should be illegal unless
             | explicitly approved by a regulator as not harming
             | competition.
        
               | adam_arthur wrote:
               | It is funny and a bit sad that many root for
               | anticompetitive behavior by these companies out of what
               | appears to be largely simply due to fanboyism.
               | 
               | Making markets highly competitive and open to new
               | entrants/innovation is far better for society in the long
               | run.
               | 
               | Is society better off if Visa can take 5% of every
               | Transaction? Apple/Google 30%? Clearly not.
               | 
               | In a competitive market, margins will trend towards
               | marginal value add of the player. Margins well in excess
               | of the add are signs a market is not competitive.
               | 
               | Open protocols for payments, storefronts, Identity/Auth,
               | messaging etc can solve most of these inefficiencies.
               | 
               | Eventually government will get smarter on technology.
               | (Maybe on the cusp?)
        
               | scarface_74 wrote:
               | It came out in the Epic trial that 90% of App Store
               | revenue comes from pay to win games and loot boxes. Most
               | of the other popular apps on either store are clients to
               | services where Apple doesn't get a cut at all.
               | 
               | You'll have to forgive me if I don't feel sorry for those
               | types of apps - the 90%.
               | 
               | The small Indy developers are mostly paying 15%
        
               | adam_arthur wrote:
               | And how much of Apple's services revenue comes from
               | Google?
               | 
               | When's the last time you paid Microsoft 15% to download
               | an exe?
        
               | scarface_74 wrote:
               | Well, seeing that I don't buy pay to win in app purchases
               | of games and none of my subscription services - Prime,
               | various streaming services, Office365. etc - were
               | purchased through the App Store, the other 10% don't
               | apply to me.
               | 
               | People pay Microsoft all of the time to buy games for
               | XBox
        
               | Dylan16807 wrote:
               | > It is funny and a bit sad that many root for
               | anticompetitive behavior by these companies out of what
               | appears to be largely simply due to fanboyism.
               | 
               | Is anyone doing that here? Why did you reply where you
               | replied? This accusation is not relevant to the parent
               | comments.
        
               | adam_arthur wrote:
               | It is entirely relevant to the parent comment.
               | 
               | As to the second part, it requires a bit of reading
               | comprehension and contextual awareness, unfortunately.
        
               | Dylan16807 wrote:
               | It's not relevant. You're looking for something to
               | complain about and latching on where it doesn't fit.
               | 
               | Even full approval of Apple's motion would not be rooting
               | for anticompetitive behavior. It makes sense for Apple to
               | be involved in this rulemaking. And it does seem like too
               | much if the rule blocks _any_ dealing between the two
               | companies in _any_ market.
               | 
               | But the above comment was far weaker than that. It was
               | just saying a restriction that strong would prevent
               | things that are not already illegal. That is a basic
               | fact.
        
           | borski wrote:
           | If the remedy the court and defendants/prosecution agreed to
           | affects _my_ ability to compete or contract, then I have a
           | claim to that being an illegal remedy, as I was not a party
           | to the suit and therefore did not have say in something that
           | now binds me.
           | 
           | IANAL, but that's my understanding.
        
             | AnimalMuppet wrote:
             | If what I'm doing is illegal, and the court rules that it
             | is illegal, then I don't have right to do it with _you_ (or
             | anyone else), whether or not you like it.
             | 
             | Now, it may not be that black and white. If the ruling
             | comes down to a negotiated settlement rather than a court
             | judgment, then Apple very well may want some say in what
             | that looks like.
        
               | borski wrote:
               | It's rarely that black and white; moreover, what defines
               | whether is it legal or not is the lawsuit itself. If
               | Apple believes it was not defended appropriately, it
               | would make sense to join suit.
        
               | brookst wrote:
               | Apple did not expect to be prohibited from using GCP as
               | part of a remedy, since that wasn't a topic of the trial.
        
               | brookst wrote:
               | You're taking reductionism too far.
               | 
               | If what you're doing is illegal, and the court orders you
               | to stop it _and also stop lots of other things not found
               | to be illegal_ , and _also to refuse to allow a
               | counterparty to work with you in even more unrelated
               | fields_ , then it's fair for the counterparty to insist
               | on having a say.
               | 
               | In this case, the proposed remedy would prohibit Apple
               | from using GCP. Or even buying a Chromebook. Merits of
               | that remedy notwithstanding, I don't see how anyone could
               | have a problem with Apple objecting.
        
               | scarface_74 wrote:
               | The Trump administration right now is allowing Oracle and
               | Akamai to illegally run TikTok infrastructure.
        
         | madeofpalk wrote:
         | This has always been a weird case because the propose remedies
         | have more to do with Apple than Google, and impact Apple
         | negatively just as much (or more!) than Google.
        
           | echelon wrote:
           | There would be so much opportunity in breaking up Apple and
           | Google. And Amazon and Meta.
           | 
           | Just think of all the new startups and money to be made by
           | breaking up big tech.
           | 
           | I think the valuation of a broken-up Google and Apple would
           | exceed the monolithic conglomerates that they have become. So
           | many of their business units and products don't even monetize
           | because they're going for an intangible "platform value" that
           | is only achievable at obscene scale. In this hulking form,
           | they can reach into new markets and charge nothing, killing
           | off all the incumbents, just so that they can grow their
           | empires larger and tighten their grips on your attentions and
           | wallets.
           | 
           | Amazon gives away Hollywood movies for free because it keeps
           | your eyeballs glued to them. And they're also a grocery
           | store, for god's sake.
           | 
           | A big tech breakup would provide much needed oxygen to the
           | ecosystem, lift a bunch of impossible to beat barriers, and
           | result in far more competition and money making.
           | 
           | Imagine a web that isn't dominated by Google or a phone
           | market that isn't controlled by a duopoly. Imagine if we
           | could suddenly launch iPhone and Gmail and YouTube
           | competitors. The energy barriers are too high today because
           | the big players have consolidated every angle of attack.
           | 
           | No wonder Peter Thiel and Vance want it. This would turn the
           | big tech money siphons over to venture capital,
           | entrepreneurs, and engineering ICs again.
           | 
           | We should all be 100% for this.
        
             | tedd4u wrote:
             | >And they're also a grocery store, for god's sake.
             | 
             | They're also your primary care doctor! Amazon OneMedical!
             | 
             | https://health.amazon.com/onemedical
             | 
             | Scroll down the page a bit.
        
             | aurareturn wrote:
             | Counter point: Would breaking up Meta, Google, Apple,
             | Microsoft decrease the progress in AI since those major
             | companies are forking over hundreds of billions to build
             | out mega AI infraustructure?
        
               | bigstrat2003 wrote:
               | Maybe, but why should we care? So far those billions
               | haven't actually given us anything useful, it's all just
               | toys. I'm not against research, but when the research
               | hasn't yet produced a useful outcome then I don't feel
               | like there is a strong societal good in keeping it going.
        
               | nonameiguess wrote:
               | I don't think that's a fair assessment. I'm not anywhere
               | near as high on LLMs as many, but Google and Meta's
               | moonshot side projects and insane investments into
               | infrastructure have given us Waymo, TensorFlow, PyTorch,
               | Kubernetes, React, MapReduce, http2, the entire Go
               | programming language, V8, all of Facebook's investments
               | into improving PHP and OCaml.
               | 
               | We can quibble over how valuable each of these things
               | individually is, but it's not just toys. It's
               | foundational tooling used all over the place that the
               | larger community pretty just got for free. They've also
               | been some of the biggest contributors to the Linux
               | kernel.
               | 
               | To be fair, I don't know that we needed Google et al for
               | this. We used to get this kind of thing from DARPA and
               | university researchers, but Google and Facebook and
               | friends made so much money from ads that they hired away
               | all the best researchers so they no longer work at
               | universities, at the same time government was hollowing
               | out funding for basic research.
               | 
               | We _could_ get this thing from real public sources if we
               | made the public investments, but I don 't know that the
               | political will or taxpayer willingness exists to do that
               | now. We need to get it from somewhere.
        
               | scarface_74 wrote:
               | Do you really think the government funding this would
               | lead to better outcomes? We see the censorship that China
               | is doing with DeepSeek and we just saw the dictator in
               | chief freezing all spending unilaterally even though that
               | wasn't in his power
        
               | vineyardmike wrote:
               | Google Translate (and all the new competing products)
               | alone should be reason enough to demonstrate outstanding
               | societal good.
               | 
               | You can now travel anywhere in the world and communicate
               | in the local language. Using _offline_ models that
               | translate between any two languages. That's almost
               | literally biblical magic levels of social good.
               | 
               | (Plus we got amazing image recognition tech, LLMs, voice
               | and NLU stuff, AlphaFold for protein analysis, etc)
        
               | Apocryphon wrote:
               | If Google Translate was to disappear, I wonder if say
               | Duolingo could create translation software with all of
               | the linguistic data they've accumulated.
        
               | shermantanktop wrote:
               | what data have they accumulated?
               | 
               | I'm a happy DuoLingo user, but educational software with
               | an owl-with-a-BBL mascot is not going to be a trove of
               | translation capabilities.
        
               | Apocryphon wrote:
               | I'm not sure, but I thought their business model involved
               | applying machine learning on user answers, like their
               | translations of excerpts of written text / handwriting
               | samples.
        
               | vineyardmike wrote:
               | I'm pretty sure they just gamified mediocre language
               | learning techniques to make it palatable for more people
               | to consume.
               | 
               | I don't think they have any significant data collected,
               | nor do they do any handwritten anything.
        
               | Apocryphon wrote:
               | I think what I was recalling is the crowdsourcing
               | translations mechanic, which is far more low tech:
               | 
               | > But wait - how could a beginner-level student translate
               | advanced sentences? The solution that Duolingo employs
               | uses the power of crowdsourcing, which involves many
               | students offering their attempts at translating
               | individual sentences. As each student submits a sentence,
               | they can rate others' translations, and the most highly
               | rated translations "rise to the top."
               | 
               | Over time, entire documents are translated and students
               | gain many skill points for their language practice. It's
               | easy to see how the data collected from users could be
               | useful to improve the algorithms that underly computer
               | translation[...]
               | 
               | https://lile.duke.edu/blog/2012/11/duolingo-learning-a-
               | new-l...
        
               | Apocryphon wrote:
               | Wouldn't this point have had greater resonance a week or
               | two ago before recent news about entrants in the AI
               | space?
        
               | scarface_74 wrote:
               | DeepSeek is only thing because they used OpenAI for
               | refinement.
        
               | talldayo wrote:
               | "Apple only exists because they used Motorola IP" type
               | comment
        
               | scarface_74 wrote:
               | It wasn't just IP though. DeepSeek actually used OpenAIs
               | API and resources. I'm not saying it was unethical.
        
               | snake42 wrote:
               | Almost all innovation is derivative or incremental in
               | some way.
        
               | scarface_74 wrote:
               | The difference is that DeepSeek couldn't actually be
               | created as cheaply as it was without using OpenAIs
               | resources - not just IP.
               | 
               | It did refinement by using OpenAI to create synthetic
               | data.
        
             | vineyardmike wrote:
             | I don't want to comment on if a breakup is a "good" thing
             | for society, because I vaguely agree, but I'm not sure I
             | agree with you on many points here.
             | 
             | > I think the valuation of a broken-up Google and Apple
             | would exceed the monolithic conglomerates that they have
             | become. So many of their business units and products don't
             | even monetize because they're going for an intangible
             | "platform value".
             | 
             | I think a lot of these products aren't monetized because
             | they're actually bad businesses or failed ventures and
             | companies have the free cash to support them. A lot more of
             | Google's (for example) random side projects seem to be
             | getting subscriptions or collapses into existing ones. I
             | also think that vertical integration creates unique value
             | _sometimes_. I think spinning off these random side
             | businesses could destroy the side businesses, but that this
             | may still raise stock prices as the companies get better
             | margins. I think a lot of these products are bad businesses
             | _because big tech salaries are high_ and that makes labor
             | costs hard to account for.
             | 
             | I think the breakups obviously rectify consolidated power.
             | 100%. But I don't see more mobile phone operating systems
             | coming from a breakup of Apple, for example. Gmail isn't
             | going to be replaced by a new email provider. Nor would we
             | see a new YouTube, or other dominant businesses. Disrupting
             | these massive aggregators won't come from direct
             | competition, but rather new product and service
             | experiences. TikTok has shown that tech is already not
             | impenetrable.
             | 
             | Finally, I totally agree that this would be a feeding
             | frenzy for VCs, but VCs learned in the last decade how to
             | rip off ICs even more through delaying IPOs and more
             | aggressive dilution. So I wouldn't be holding my breath as
             | an IC that breaking up Google (or others) will make jobs
             | better.
        
               | inetknght wrote:
               | > _I think the breakups obviously rectify consolidated
               | power. 100%. But I don't see more mobile phone operating
               | systems coming from a breakup of Apple, for example.
               | Gmail isn't going to be replaced by a new email provider.
               | Nor would we see a new YouTube, or other dominant
               | businesses. Disrupting these massive aggregators won't
               | come from direct competition, but rather new product and
               | service experiences._
               | 
               | Perhaps you're right. Perhaps breaking these products up
               | would not create more competition.
               | 
               | But it would mean that these products _must_ determine
               | how to make money on their own merits. That might mean a
               | better product overall. Or it might mean that the product
               | really doesn 't deserve to exist as a consumer product.
        
               | vineyardmike wrote:
               | > Or it might mean that the product really doesn't
               | deserve to exist as a consumer product.
               | 
               | Why?
               | 
               | If a product or experience is used by people, and
               | enjoyed, and could not be monetized directly, why should
               | it not exist?
               | 
               | I think of Alexa/Google Assistant/Siri as representative
               | examples. Some set of execs decided to fund these voice
               | assistants - now used by millions - and they obviously
               | don't make money. Would customers be better off if they
               | were jettisoned to drown on their own?
               | 
               | I just don't see why it's wrong that businesses have
               | these silly side projects. We seem to have competition
               | even amongst the subsidized vanity projects.
               | 
               | Again, I think a breakup wouldn't be bad overall, but I
               | don't think this is the thing missing in the industry.
        
               | worik wrote:
               | > ....Alexa/Google Assistant/Siri... and they obviously
               | don't make money.
               | 
               | If you take a very narrow view of "make money"
               | 
               | They are immensely valuable to the owners and an
               | important part of the systematic maintenance of people as
               | "consumers" rather than "citizens".
               | 
               | We would be better off, over all, without the whole
               | thing.
        
               | vineyardmike wrote:
               | > If you take a very narrow view of "make money"
               | 
               | > They are immensely valuable to the owners
               | 
               | This is, of course, the entire point of this entire
               | thread.
               | 
               | Its not a particularly "narrow" view, FWIW, because most
               | businesses have a P&L sheet that will list expenses and
               | revenues, and entire business units have big "costs" and
               | not so big "revenue". Which is what "don't make money"
               | means.
        
               | ksec wrote:
               | Agree. It is the exact same question again and again with
               | bundling [1] and unbundling. I guess I will have to
               | submit it again.
               | 
               | [1] https://www.ben-
               | evans.com/benedictevans/2020/12/21/google-bu...
        
               | scarface_74 wrote:
               | Apple would never have invested in Mx chips that are only
               | 14% of Apple's revenue - Macs + iPads. If it weren't for
               | the R&D from iPhone Ax chips and the volume.
               | 
               | So exactly who want Chrome? How would they monetize it
               | and you can already get Chromium for free. Could Android
               | not come with a browser? Chromebooks?
               | 
               | Who would fund Chromium development?
        
               | crmd wrote:
               | > I think a lot of these products aren't monetized
               | because they're actually bad businesses or failed venture
               | 
               | Gmail, for example, would be a fabulous standalone
               | business with a normal (subscription) business model like
               | other premium email services. I would love to run that
               | spinoff.
               | 
               | YouTube: fabulous standalone company. Would love to be
               | working there when they IPO. I'm sure there are more.
               | 
               | The business units that _can't_ survive except for
               | "platform charity" should shutdown, go open source, sell
               | their assets, etc. and the developers should move on to
               | found new startups.
               | 
               | These big mega-platforms have sucked most of the oxygen
               | out of the tech industry and it's in the best interest of
               | everyone except their major shareholders to break them
               | up.
        
               | vineyardmike wrote:
               | The examples you've provided aren't "platform-charities".
               | They're already massive businesses with healthy revenue
               | streams that are aggressively monetized.
               | 
               | Look at Google Assistant or Alexa and their speakers.
               | Losing Billions a year.
               | 
               | Look at smaller products like Google Fi or Fiber. Google
               | Podcasts. Google Translate. Google Voice. WhatsApp.
               | Quest/Oculus. Amazon Go stores. Apple HomeKit.
               | 
               | It's the long-tail of small-use products that would be
               | hurt. No one doubts that an ad-supported product with
               | multiple billions of users would be a great standalone
               | business.
        
               | ksec wrote:
               | Thank You. It is somewhat a lot of these are pointing out
               | the obvious. But have to be written out.
        
               | dieortin wrote:
               | 99% of Gmail users would not pay for the service, and
               | would just move to other provider. I don't know how you
               | can think they can operate as a subscription service and
               | act like nothing changes.
        
               | vineyardmike wrote:
               | Not OP, but Gmail is and could continue to be ad
               | supported. Gmail also is a subscription service offered
               | to enterprises, and it is a very lucrative service for
               | Google.
        
               | ncruces wrote:
               | Worse. A small but significant percentage would actually
               | pay ransom for it, just because moving is a pain. No one
               | new would join, though.
        
               | scarface_74 wrote:
               | How much would YouTube Inc make without having its
               | infrastructure subsidized by Google corporate and taking
               | advantage of Google's ad network
               | 
               | And you speak of "platform charity". But not thinking
               | about VC charity?
        
             | Kye wrote:
             | Going from the breakup of AT&T to the reconstitution of
             | AT&T took about 40 years. Standard Oil probably did the
             | same, though I haven't seen any fancy charts showing it on
             | a timeline like with AT&T. There's probably some useful
             | lessons to pick up from that time if they go the breakup
             | route.
        
           | bilbo0s wrote:
           | It's weird because we're currently trying to use the existing
           | regulatory regime, which was created god knows how many
           | decades ago, to wrangle with new companies that clearly don't
           | fit into the existing definitions. Now we're in this
           | embarrassing situation that people are trying to extricate
           | themselves from because they know if this makes it to the
           | Supremes the whole thing will be called out for the legally
           | laughable farce that it is.
           | 
           | This is easy to solve though, just change the laws. Why are
           | we putzing around with courts when we can just change the
           | law? I'll never understand that?
           | 
           | Maybe the politicians see court cases as being able to be
           | _seen_ to be doing something, while at the same time having
           | the comfort of knowing nothing will actually be done? Because
           | they could easily just change the laws. The strategy they 're
           | pursuing doesn't make sense right now.
        
             | BryantD wrote:
             | It's fairly hard to pass substantial bills these days
             | thanks to polarization -- when a significant portion of
             | your base sees cooperation as a betrayal, the incentives
             | get wonky. (Not pointing that comment at either the left or
             | the right to the exclusion of the other.) The days of Ted
             | Kennedy finding ways to work across the aisle are gone, at
             | least for now.
        
             | alsetmusic wrote:
             | > This is easy to solve though, just change the laws.
             | 
             | When a large subset of people only care about culture war,
             | this isn't easy.
        
             | mgfist wrote:
             | > This is easy to solve though, just change the laws.
             | 
             | Changing the law for highly politicized situations is damn
             | near impossible today.
        
           | onlyrealcuzzo wrote:
           | Are there examples of any other outcomes that prohibited two
           | specific companies from exchanging anything of value?
           | 
           | This seems like a strange outcome.
           | 
           | Why not just prohibit payment for default search?
           | 
           | Doesn't Apple use Google's servers to pre-train it's AI
           | models?
           | 
           | So that gets banned to?
           | 
           | Why?
           | 
           | How and why is any better for Apple to pay Amazon or MSFT for
           | that than Google?
        
             | nonameiguess wrote:
             | It's not exactly this, but there is an interesting thing
             | going on right now with the San Diego Padres in American
             | Major League Baseball. The owner died last year and control
             | of the team initially passed to his younger brothers. His
             | wife wasn't happy about that and sued them and the team has
             | ended up with an injunction pending resolution of who gets
             | to actually control it going forward, and they've gone from
             | being one of the most active franchises in the league of
             | the past decade to making literally no new deals this
             | offseason and watching all of their free agents leave. They
             | basically can't buy anything until the court decides who of
             | the surviving family gets to decide what to buy, which
             | effects their own employees who can't get new contracts and
             | any other franchises that otherwise might have traded with
             | them.
        
               | bell-cot wrote:
               | It would be lovely if the 6th Amendment ("speedy and
               | public trial") also applied to non-criminal proceedings.
        
               | plagiarist wrote:
               | But then wealthy people might have to pay the entities
               | they would rather defraud indefinitely with eternally
               | delayed judgements.
        
               | usefulcat wrote:
               | I always thought the right to a 'speedy' trial was more
               | about latency than throughput. I.e., the accused
               | shouldn't have to wait 10 years before the trial begins,
               | but no guarantees about the duration of the trial.
        
               | bell-cot wrote:
               | It's easy to screw defendants over either way - say,
               | "start" your trial ASAP...but then pause it for a few
               | months for some quibble, then a few more months for some
               | detail, then a few more months for ...
        
               | lesuorac wrote:
               | How speedy is speedy anyways? IIRC, the big reason plea
               | bargains get accepted is because the offer is "time
               | served" as-in the time you spent in jail awaiting trail
               | will be what you agree as a punishment and you'll be
               | immediately released.
        
               | wbl wrote:
               | Jarandice v Jarandice redux.
        
               | masfuerte wrote:
               | https://en.wikipedia.org/wiki/Jarndyce_and_Jarndyce
        
               | do_not_redeem wrote:
               | It sounds like the court, like King Solomon, decided to
               | cut the baby in half.
        
           | throwaway287391 wrote:
           | Isn't the "ban the Apple-Google iOS search deal" just one of
           | several proposed remedies, with the most significant one
           | being a Google breakup? Certainly seems like that one would
           | affect Google more than Apple. Or am I confused and the
           | Google breakup thing is a proposed remedy in a separate case?
        
             | madeofpalk wrote:
             | Specifically only selling off Chrome
             | https://www.theverge.com/2024/11/27/24302415/doj-google-
             | sear...
             | 
             | DoJ asserts that owning a browser gave Google an unfair
             | advantage in building a search engine to the degree that it
             | prevented meaningful competition.
             | 
             | I don't think Google losing Chrome is _too_ harmful to
             | Google. I would say it 's probably equal to Apple losing
             | billions from the default search deal.
        
         | jonas21 wrote:
         | The lawsuit was initiated by the first Trump administration at
         | the request of the attorneys general of Arkansas, Florida,
         | Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri,
         | Montana, South Carolina, and Texas.
         | 
         | So presumably, it will continue.
        
           | lenerdenator wrote:
           | Depends on if he's figured out an angle on how to enrich
           | himself or his cronies off of it by now. See: TikTok ban
           | suddenly becoming negotiable after an act of Congress.
        
             | xp84 wrote:
             | Don't forget non-monetary 'enrichment,' too. I'm pretty
             | convinced that the reason Trump switched sides on TikTok,
             | after being one of the first to cast (justifiable imho)
             | suspicion on it, simply because he looked around and saw
             | that popular opinion was against the ban, especially among
             | the influential Gen-Z demographic.
             | 
             | (Obviously a President caring about popular opinion is a
             | feature and not strictly a bug, but I think it's reasonable
             | that a President should also care whether said popular
             | opinion is ill-informed and wrong when it comes to national
             | security.)
        
               | moshun wrote:
               | Don't forget that TikTok praised him _personally_ to
               | every single user and then donated $50K to his
               | inauguration as well as hosting a huge party that cost
               | well over $100k. ByteDance knows better than most how to
               | deal with corrupt governments.
        
           | j2kun wrote:
           | Trump is nothing if not a flip-flopper when he can get a deal
           | out of it.
        
             | nostromo wrote:
             | It's literally how negotiation works.
        
               | myko wrote:
               | This is corruption, not negotiation
        
           | scarface_74 wrote:
           | So was the TikTok ban....
        
             | __MatrixMan__ wrote:
             | We need a name for this tactic. I see it from right-leaning
             | folk all the time.
             | 
             | 1. Alter the rules so the thing is under threat
             | 
             | 2. Intervene to protect it from the harm you initiated
             | 
             | 3. Now you're encumbered by one fewer rule, and you're a
             | known protector of the thing
             | 
             | Executive Heist? Tyrant's Gambit? The Ol' Feudal
             | Switcheroo?
             | 
             | My local school district did it with school days just this
             | year. On the books they're now "online learning days" but
             | thanks to the largesse of the very people who took them
             | away, we can have them still... as a gift.
        
               | TheOtherHobbes wrote:
               | When the Mob does it, it's a protection racket.
               | 
               | "Nice little monopoly you have there. Oops, look at that
               | one over there, which burned down with no survivors. Be a
               | shame if anything like that happened to you."
        
               | nonameiguess wrote:
               | It's mafia logic but honestly way more ingrained into
               | large-brained mammal culture than that. "I'll protect you
               | but the main thing I'm protecting you from is myself" is
               | a tactic employed by everything from actual mafias to
               | entirely legal police and military organizations to the
               | dominant male chimp in a troop. It's easy to see from a
               | detached view how stupid it is, but how do we combat
               | something so fundamental to our animal drives that it
               | predates the existence of our own species?
        
               | __MatrixMan__ wrote:
               | I'm after something a bit more specific than that though.
               | Threats feed into changes in the status quo in myriad
               | ways and not all of them involve this kind of flip flop
               | where you time the switching of sides such that you get
               | to be seen as the one saving the day (nevermind that it's
               | from yourself several years ago).
        
           | matwood wrote:
           | They were not showering him with money during his first
           | administration. It's pretty clear this will go away assuming
           | they pay Trump enough.
        
           | unclebucknasty wrote:
           | > _Arkansas, Florida..._
           | 
           | All red states.
           | 
           | > _So presumably, it will continue._
           | 
           | You might be missing the lede here. It's not about the power,
           | but who wields it. Twitter was an enemy, until it became X.
           | TikTok was an enemy, until it showed fealty.
           | 
           | The idea that such a billionaire-friendly administration has
           | an issue with Big Tech or any other monopoly is a ruse. When
           | these entities are brought to heel and their power duly co-
           | opted, they'll be treated with favor. In fact, these lawsuits
           | are but one more tactic to ensure that outcome.
        
           | safety1st wrote:
           | It is pretty wild (in the dumbest, lowest information way)
           | that the entirety of Hacker News seems convinced that Trump
           | will drop a lawsuit that Trump initiated in his first term.
           | Matt Stoller is probably the most recognizable name in anti-
           | trust journalism, he is certainly no Trump fan, but he is not
           | this negative. The Trump admin just opened up its first new
           | antitrust lawsuit yesterday. I'm sure Trump will do some
           | stupid and selfish things, but it just looks like a lot of
           | low information takes here.
        
         | AnotherGoodName wrote:
         | It's pretty chilling to think about the political weaponisation
         | potential of a court case continuing or not at the whims of the
         | current regime.
         | 
         | Fall into line or be litigated out of existence...
        
           | galangalalgol wrote:
           | Or "settle my personal civil suit against you and if the
           | award is high enough I'll let your proposed merger go
           | through". I know corrupt politicians aren't rare. But trying
           | to hide it at least affirms to people that the rule of law
           | _should_ be a thing.
        
             | Terr_ wrote:
             | Yeah, there's an important difference between consistent
             | and principled use of court cases to uphold actual laws-
             | even bad laws--versus using them to extort for private gain
             | or unofficial favors.
             | 
             | It's kind of like the D&D alignment chart: Sure, Lawful-
             | Evil might still be feeding orphans to the doomlord, but at
             | least they are constrained by their own dang rules instead
             | of a playing Calvinball.
        
           | borski wrote:
           | This has always been the case though. Not every court case
           | gets pursued to completion. And some that do shouldn't.
        
             | AnotherGoodName wrote:
             | I can't help but feel democracy needs a huge amount of
             | separation between the legal and political systems to
             | remain functional.
             | 
             | As in attorney generals, judges etc. should be appointed by
             | a non political process. I think any rebuttals of the form
             | 'the other side did it too' just add weight to this
             | viewpoint.
        
               | nonameiguess wrote:
               | I think I probably agree on general principle, but
               | everything's a tradeoff. Do this and you end up with what
               | gets perceived (and potentially actually is) a "deep
               | state" of entrenched bureaucrats that are not accountable
               | to voters, even though they pursue real policy goals that
               | are separate from partisan campaign considerations.
        
               | scarface_74 wrote:
               | You mean like having a spouse of a Supreme Court justice
               | supporting overthrowing an election?
        
               | error_logic wrote:
               | The entire government was intended to have 3 competing
               | branches keeping each other's desire for power balanced
               | against one another.
               | 
               | Unfortunately, Duverger's Law (splitting votes results in
               | your least favorite candidate winning) made it so that
               | there were only two competing parties, each able to most
               | effectively campaign by sabotaging the other. This kept
               | going until one secured control over every branch, and
               | their masters strong-armed enough support from the other
               | party to finish the job against the protests of a few
               | holdouts.
               | 
               | The founding fathers didn't have the math to understand
               | game theory, nash equilibria, and the tragedy of the
               | commons. They didn't know that plurality voting applied
               | to the prisoner's dilemma would result in the worst
               | suffering outcome for both/all participants.
               | 
               | If instead of voting for one candidate ({+1, 0, 0, ...})
               | we had used partial votes ({+1, +0.5, -0.5, 0, 0, ...}
               | without repeating candidates or scores) with limited
               | expressiveness (to preserve partisanship rather than
               | creating a purity test like China's approval system
               | creates) we could vote for the _output_ of the decision
               | matrix rather than just the blind, selfish inputs. This
               | would prevent the states from being carved up into two
               | parties, instead having 3-4 local parties available to
               | represent each state more accurately and intelligently.
               | 
               | The benefits to representation, cooperation,
               | constructiveness, and intelligence (creating win-win
               | outcomes) would have been enormous. It would've meant far
               | more proactive handling of long-term issues rather than
               | short-term gains. Yet here we are.
               | 
               | What made America great was open, honest, constructive
               | competition made possible by opportunity. What we face
               | now is the destruction of competition itself, driving
               | what remains underground, set to emerge in
               | catastrophically destructive form.
        
               | lesuorac wrote:
               | > The founding fathers didn't have the math to understand
               | game theory, nash equilibria, and the tragedy of the
               | commons.
               | 
               | I mean they had something even better. They added a
               | process to amend the constitution so that as issue arose
               | it could be fixed.
               | 
               | However there's no amount of game theory that will get
               | around the fact politicians won't fix a system they see
               | as working; they got correctly elected after all!
        
         | scarface_74 wrote:
         | If you haven't noticed, Vance has no power in the
         | administration. It's completely a Trump/Musk show and Tim Cook
         | kisses the ring as well as any CEO.
         | 
         | My bet is that Trump will have this whole thing dropped now
         | that Apple is involved. You notice that during the first
         | administration that Apple was never affected by the Chinese
         | tarriffs
        
           | AnotherGoodName wrote:
           | And google seems to have fallen in line with the current
           | regime completely too.
        
             | mistercheph wrote:
             | and before they were... fiercely independent? Ll0l
        
               | Terr_ wrote:
               | Regardless of the subject's personality, these are
               | fundamentally different _kinds_ of relationship:
               | 
               | 1. Try to look like you're following the law so that
               | nothing happens.
               | 
               | 2. Give personal favors and praise to a corrupt cop so
               | that nothing happens.
        
               | nostromo wrote:
               | There's plenty of evidence now that all of big tech was
               | working with the Biden administration to censor their
               | political opponents.
               | 
               | We need a law or a court decision that says that the
               | government isn't allowed to restrict citizens speech by
               | proxy by pressuring private organizations. Because this
               | is going to keep getting worse if not.
        
               | Terr_ wrote:
               | > plenty of evidence now
               | 
               | What's the best concrete example?
        
               | nostromo wrote:
               | It's probably not worth bothering to reply. (Political
               | arguments on the internet are dumb and I doubt you're
               | actually curious to learn more.)
               | 
               | But if you actually want to know, look at what Zuckerberg
               | has said since the election, read reporting on the
               | Twitter Files, and look into who was responsible for
               | lobbying tech to ban Trump from all platforms after he
               | lost in 2020.
               | 
               | The Republicans I'm sure will now use all these tactics
               | to their own ends, and the previous four years will be
               | forgotten.
        
               | Terr_ wrote:
               | Hold up, _you 're_ the one who chose to introduce the
               | topic of censorship just moments ago, why are you
               | suddenly making excuses and running away from answering
               | the easiest[0] question about the thing you wanted to
               | share?
               | 
               | I'll level with you: I'm getting the same vibes as the
               | "2020 election was stolen" folks, where they also kept
               | insisting there was "plenty of evidence" but refused to
               | ever show it. It was literally an article of _faith_ that
               | something incontrovertible was always just +1 hop away
               | and someone else had it somewhere, trust me go ask them
               | instead.
               | 
               | Eventually, when dozens of court cases across the nation
               | finally forces them to "put up or shut up"... they
               | couldn't! It was all fluff like "some guy said a friend
               | of his heard a story that", or "poll workers _packed up a
               | box_ and I don 't know what was in it but it must have
               | been uncounted ballots", and "I saw one worker hand
               | something to another and I didn't see it clearly but it
               | _must_ have been a USB stick for some kind of evil. "
               | 
               | [0] OK, maybe not the _easiest_ if two items are a close
               | comparison, but FFS nobody 's insisting on that kind of
               | accuracy.
        
               | worik wrote:
               | > read reporting on the Twitter Files
               | 
               | Really?
               | 
               | I get the impression there is much less freedom of speech
               | on X than there was on Twitter.
               | 
               | I actually do not care myself how people run their
               | platforms, I do not use that one. But from where I sit,
               | and what I see, Musk is very controlling on what is said
               | on his (privatly owned) platform
               | 
               | Good on him. He is taking advantage of the tools
               | available to him
        
               | llm_nerd wrote:
               | >look at what Zuckerberg has said since the election
               | 
               | Zuckerberg has become such an obsequious "lickspittle"
               | (as Gruber would say), that his words are worse than
               | useless. He has become a Trump mouthpiece, and it's
               | embarrassing. I cannot fathom how discouraging it must be
               | to work at Meta now, knowing that your grovelling bro is
               | putting on such a disgraceful act.
               | 
               | The most incredible example was when him and Rogan were
               | talking about the Hunter laptop thing, trying to frame
               | this against Biden. But it was _Trump 's_ administration
               | that said go slow on that (not to mention that as hacked
               | materials every service already barred content like that,
               | and it didn't even need government input). Similarly,
               | most of the laughable dud "Twitter files" happened during
               | the, again, Trump's admin.
               | 
               | There is nothing wrong with government trying to work
               | with big businesses to get messaging right or to go slow
               | on possible if not probable disinformation. But there was
               | literally nothing in any of these cases that crossed a
               | line. Trump getting a bunch of oligarchs to line up and
               | pay into his extortion fund, however, not only crosses
               | the line, it is so cravenly corrupt that at this point
               | the United States is a banana republic. Every other
               | nation needs to start seriously reconsidering ties to US
               | tech as there is absolutely zero safeguards anymore.
               | 
               | Which I think is why all the China fear-mongering about
               | DeepSeek and stuff isn't landing. To most of the world,
               | including half of the US, China is by far the more
               | mature, responsible player on the world stage. The US is
               | some rogue nation where a felon rapist halfwit threatens
               | various nations with military conquest with every passing
               | day. Oh look, some random trade war contrived on made up
               | reasons begins tomorrow: Good luck everybody!
        
               | Terr_ wrote:
               | > To most of the world, including half of the US, China
               | is by far the more mature, responsible player on the
               | world stage. The US is some rogue nation where a felon
               | rapist halfwit threatens various nations with military
               | conquest with every passing day.
               | 
               | No, China's "value" comes from being _an alternative_ to
               | to create competition, not for being inherently
               | trustworthy.
               | 
               | Speaking as an American and former Hong Kong resident,
               | they will still break international agreements when they
               | want to.
        
               | masfuerte wrote:
               | Surely _orange_ felon rapist halfwit?
        
               | myko wrote:
               | Biden wasn't president when they make takedown requests
               | on the revenge porn of Hunter Biden. The trump
               | administration however was shown to use the government to
               | force twitter to do their bidding and the Twitter files
               | showed that, but it wasn't talked about as much.
               | 
               | It is really embarrassing how people contort themselves
               | into pretending Biden was anywhere near as bad as trump
               | on this, especially given how trump performed in the past
               | and present as a politician.
        
           | ImJamal wrote:
           | If Musk had a lot of power, why did Trump invite Sam Altman
           | to speak and spoke positively of him? Musk and Altman hate
           | each other.
        
             | scarface_74 wrote:
             | Musk is literally an appointed government official of a
             | made up department
        
               | ImJamal wrote:
               | DOGE is not a government department and as such any
               | members of it are not government officials
               | 
               | Regardless, what does that have to do with Musk having
               | one of his enemies given a spot light by Trump?
        
               | scarface_74 wrote:
               | https://www.whitehouse.gov/presidential-
               | actions/2025/01/esta...
        
               | ImJamal wrote:
               | There were so many Executive Orders I completely missed
               | that. Regardless, the news articles I just checked seems
               | to indicate that Musk has not actually joined the
               | government agency at this point.
               | 
               | Even if he has, it is irrelevant to my actual argument.
               | If Musk wields power with Trump then why was Altman given
               | a platform? Musk and Altman aren't fans of each other.
               | Trump even said Elon hates Altman.
        
               | scarface_74 wrote:
               | https://fortune.com/2025/01/30/elon-musk-return-to-
               | office-ex...
               | 
               | > _Musk, heading said operations, says he is working out
               | of DOGE's headquarters in the Eisenhower Executive Office
               | Building_
        
               | ImJamal wrote:
               | Again, I don't care about any of this. Please address my
               | actual argument. Going off on this tangent makes me
               | suspect you have no response to my argument.
        
               | scarface_74 wrote:
               | You've been wrong twice already. Do you really want to
               | keep this line of questioning?
               | 
               | None of them "like" each other. Do you really think Tim
               | Cook - a gay man from Alabama - wants to be in the same
               | room with Trump and Christian conservatives? It's all
               | about access
        
               | ImJamal wrote:
               | I've been on wrong on things that are completely
               | irrelevant and you failed to address the actual point
               | over multiple posts.
               | 
               | > None of them "like" each other.
               | 
               | Perhaps, but not all of them are suing each other like
               | Musk is doing with Altman.
               | 
               | > Do you really think Tim Cook - a gay man from Alabama -
               | wants to be in the same room with Trump and Christian
               | conservatives? It's all about access
               | 
               | Believe it or not, but people can be friendly and enjoy
               | other people's company even if they have political
               | disagreements. I'm not saying that is the case here, but
               | some people aren't as obsessed with politics as you seem
               | to be.
               | 
               | Trump was the first president to come into office
               | supporting legal gay marriage so I doubt Cook being gay
               | is an issue with Trump...
        
               | scarface_74 wrote:
               | Really? You have seen how he is having the federal
               | government scrub literally any mention of gay from any
               | website?
               | 
               | And you were wrong about DOGE being an official
               | government department and Musk being in charge of it. How
               | much more influence could Musk have? He is literally
               | running the same playbook with the federal government as
               | he did with Twitter.
               | 
               | Altman is just a trophy piece to be brought out for
               | pictures like Cook
        
               | myko wrote:
               | Not exactly. DOGE is what trump renamed the government
               | "Digital Service Office" before giving Musk control:
               | 
               | https://www.npr.org/2025/01/29/nx-s1-5270893/doge-united-
               | sta...
               | 
               | Vivek wanted an outside group, Musk wanted an inside
               | group - Musk won so trump gave him this
        
             | danans wrote:
             | If you think any of them (or any of the administration's
             | assembly of billionaires) don't hate each other, you might
             | be misunderstanding how the wealthy and powerful think.
             | Every interaction is transactional and artificial, based on
             | leverage, whether personal or financial, not on
             | "friendship" or "shared values".
        
             | rcpt wrote:
             | He has enough power to take over the office of personnel
             | management and access personal information about every Fed
             | employee.
             | 
             | https://www.reuters.com/world/us/musk-aides-lock-
             | government-...
        
           | epolanski wrote:
           | Why does the president has anything to say about this.
           | 
           | It's crazy to me how many things a single person can do in
           | US, and you call that a democracy.
        
         | Jaepa wrote:
         | Maybe; They should have still been able to file amicus curiae
         | but likely they would have to appeal the remedy instead of
         | attempting to become a co-defendant.
         | 
         | The case was Google illegally using it monopoly power. The
         | Remedy was to prevent some of the anti-compitive actions. If
         | the agreement was to split up Google, or for it to sell off
         | chrome it wouldn't make sense for Apple to be a co-defendent.
        
           | wbl wrote:
           | IANAL but AFAIK amicus curiae is not for "my interests will
           | be impacted in this case because I have a claim that's
           | involved". It's more for things like "hey, we do a lot in
           | this area of law and here's something neither party has
           | thought of that your decision might impact".
        
         | NotPractical wrote:
         | Apple donated $1 million to Trump. So did all the other big
         | tech CEOs, who were also invited as distinguished guests to his
         | inauguration. Conservatives like Trump generally favor big
         | business and deregulation. Your faith in Trump doing anything
         | meaningful about big tech is likely misplaced.
        
           | kristopolous wrote:
           | if he can do options and hedge trading against it to
           | personally enrich himself I'm sure he'd be game.
        
             | mattnewton wrote:
             | That's too complicated. Just extort them until they buy
             | $TRUMP coin and open a "factory" in the US for a photo op.
        
           | blibble wrote:
           | they were invited to be a display of his power over them, and
           | to display this to the world
           | 
           | not to be distinguished guests
        
         | myvoiceismypass wrote:
         | It's kinda cute that Vance is a big tech skeptic when his
         | entire political career was funded by Peter Thiel and Vance got
         | rich living in Silicon Valley.
         | 
         | Amazing.
        
           | Kerrick wrote:
           | He's a (big tech) skeptic, not a big (tech skeptic). Thiel
           | and other VCs stand to gain when competition from startups
           | they would invest in have a chance to unseat the big tech
           | conglomerates.
        
             | scarface_74 wrote:
             | They have no desire to unseat BigTech, they want to be
             | acquired by them.
             | 
             | In no world is a startup going to unseat Apple, Amazon, or
             | Microsoft. Google and Facebook maybe.
             | 
             | VCs don't want to touch hardware with a ten foot pole
             | (Apple), competing with Amazon would be a money sink to
             | duplicate all of the infrastructure as would Microsoft (who
             | cares about desktop operating systems and the enterprise
             | will never leave MS).
        
               | webmaven wrote:
               | That's the same thing, the credible "chance to unseat"
               | becomes "motivation to acquire", leading to a much faster
               | and more certain exit.
               | 
               | Of course, that's exactly the pattern of behavior that is
               | seen as problematic.
        
               | sangnoir wrote:
               | > They have no desire to unseat BigTech, they want to be
               | acquired by them.
               | 
               | Acquisitions are one way to make money off big tech.
               | Breaking them up and buying parts of them for cents on
               | the dollar are another, especially if you can issue
               | barely veiled threats of government-backed retaliation if
               | they refuse to come to the table with your allies/fronts.
               | With a "loosened regulations" regime, IPOs may be even
               | more profitable than acquisitions.
        
               | scarface_74 wrote:
               | Out of literally thousands of YC companies for instance ,
               | less than a dozen have IPOd.
               | 
               | There is very little chance that a startup will IPO
               | especially now that the public markets have gotten wise
               | to the VC funded Ponzi scheme where they treat the public
               | market as the bigger fool
        
               | sangnoir wrote:
               | I'm talking about buying pieces of big tech and selling
               | them to the public via IPO. I don't thr the public has
               | gotten wise to anything when POTUS and FLOTUS have "meme"
               | crypto coins.
        
               | scarface_74 wrote:
               | I mean half the people buying meme coins are doing it to
               | bribe Trump and the other half think he was literally
               | sent by God.
               | 
               | The latter half aren't going to be buying stocks at IPO
        
           | nostromo wrote:
           | Most serious people living in Silicon Valley are deeply
           | skeptical of big tech.
           | 
           | Thiel included.
        
             | scarface_74 wrote:
             | Thiel wants his own monopolies..
        
               | nostromo wrote:
               | If you read his book, he's using an unconventional
               | definition of "monopoly."
               | 
               | It's more about being so competent as a company that you
               | get large network effects as a moat.
               | 
               | He specifically states that he doesn't support anti-
               | competitive practices by monopolies.
               | 
               | The common example of this was early Google, that grew
               | into a monopoly by being better than all the competition
               | by a significant margin.
        
               | scarface_74 wrote:
               | You realize that even using the word "moat" signals a
               | monopoly to the DOJ? If you have ever worked in BigTech,
               | part of the indoctrination is never to say the word
               | "moat".
               | 
               | All of BigTech is big because of moats.
        
               | Dylan16807 wrote:
               | That kind of significant network effect, while notably
               | more legal than anti-competitive practices, is also very
               | bad for the consumer. So this hardly acts as a defense of
               | his desires.
        
           | tredre3 wrote:
           | The way you describe it makes it sound like Vance is
           | perfectly positioned to know how bad big tech is, so what are
           | you trying to say? That once someone has benefited from a
           | system they mustn't criticize it?
        
             | Apocryphon wrote:
             | Or it's insinuating that he's being politically
             | hypocritical- controlled opposition.
        
         | healsdata wrote:
         | > Interesting; I wonder if DOJ approaches on this stuff will
         | continue
         | 
         | It will, but the remedy for all the cases will be to donate $25
         | million to the president's library.
         | 
         | https://abcnews.go.com/Politics/meta-agrees-pay-25-million-s...
        
           | haliskerbas wrote:
           | My dumb American brain is surprised these things are allowed.
           | :shrug:
        
             | williamcotton wrote:
             | _Sure, during the 2018 election, candidates, parties, PACs,
             | and outsiders combined spent about $5 billion - $2.5
             | billion on Democrats, $2 billion on Republicans, and $0.5
             | billion on third parties. And although that sounds like a
             | lot of money to you or me, on the national scale, it's
             | puny. The US almond industry earns $12 billion per year.
             | Americans spent about 2.5x as much on almonds as on
             | candidates last year._
             | 
             | https://slatestarcodex.com/2019/09/18/too-much-dark-money-
             | in...
        
               | timeon wrote:
               | Not sure how is paying for food relevant to paying for
               | politician. In many countries there is absolute cap per
               | campaign to make it fair. Making it 'fair' is maybe not
               | that relevant in two party system but still that amount
               | of money from single entity is corruption.
        
               | cogman10 wrote:
               | Yup, it distorts what a politician will say and what
               | bills they'll sponsor if they're elected. The most
               | dangerous thing the $12 billion in almond money will do
               | is buy a politician to allow them to skirt worker
               | protections and environmental protections to continue
               | maximizing almond money. That puts the interests of the
               | politician not with the general population who wants
               | clean water and safe non-abusive jobs but rather the few
               | almond farm owners who want to maximize almond production
               | while minimizing worker costs (and perhaps locking out
               | new almond farmers from the industry).
               | 
               | This sort of kleptocracy is the problem with American
               | politics. Bribery laws are so laughably bad that you have
               | to literally stuff gold bars in your suit pockets before
               | you run the risk of being prosecuted. You have to be a
               | grade A moron to get caught.
        
               | ch4s3 wrote:
               | Well, almonds are far more delicious than the average
               | congressional representative.
        
               | kevindamm wrote:
               | Wait, have we actually started eating the rich already? I
               | thought that was just a saying.
        
               | Muromec wrote:
               | only the arms of, but this joke doesn't work in English.
        
               | no_wizard wrote:
               | This conflated two things as equivalent, and they are not
               | equivalent.
               | 
               | Buying almonds is a market exchange with good
               | transparency around what you're getting and how much it's
               | going to cost.
               | 
               | Elections are not open market exchange. For starts, you
               | aren't buying a good. Another is that this discounts a
               | lot of other election adjacent activities like all the
               | party volunteers who are unpaid, for example. Those don't
               | count toward spend but if it did I imagine the totals
               | would get much higher.
               | 
               | Not to mention, we are talking about someone getting
               | elected who very well does have influence over citizenry.
               | Buying almonds is just buying almonds. Getting elected is
               | a transference of power.
               | 
               | Honestly elections are surprisingly cheap for what is
               | gotten in return, but they couldn't be more different
        
               | nine_k wrote:
               | I'd say that by spending money on elections, both as
               | donations and as taxes, we do buy a good: good governance
               | (preferably) and peaceful transfer of power.
               | 
               | The problem is that the market is not efficient: only 2-3
               | offers, mostly from the same two brands, each brand with
               | its own known serious problems. The process is actually
               | an auction of sorts (first past the post), and returns
               | are not accepted!
               | 
               | IMHO, the cost is the least of the problems here.
        
               | Sabinus wrote:
               | USA should eliminate first-past-the-post voting, and
               | replace it with something like ranked choice voting.
               | Allows for more brands in the election, as people can
               | preference minor parties and not 'throw away their vote'
               | if they didnt get enough votes in total.
        
               | cryptonector wrote:
               | Yes, it's shocking that we don't spend $100bn on our
               | campaigns.
        
               | bombcar wrote:
               | Looking over campaign expenses from 2024 it's somewhat
               | hard to determine where exactly the other 90 billion
               | would be spent.
        
               | tensility wrote:
               | Telling folks that they are being sold out for peanuts
               | (or almonds) doesn't diminish the betrayal; it only makes
               | it worse.
        
               | singron wrote:
               | 2018 wasn't a presidential race, which consistently have
               | higher spending. 2020 and 2024 were each over $15B, and
               | there is a steady upward trend in real dollars.
               | 
               | https://www.opensecrets.org/news/2024/10/total-2024-elect
               | ion...
               | 
               | The current supreme court also has a tendency to strike
               | down campaign finance regulations. Everyone knows
               | citizens United, but more recently e.g. AFP v Bonta
               | (2021) struck down reporting requirements in California,
               | which paves the way for unlimited anonymous spending, and
               | Snyder (2022), which reclassifies anything except the
               | most obvious bribes as "gratuities". We'll probably have
               | more 5-4 or 6-3 decisions in the next four years that
               | increase money in politics.
        
             | y33t wrote:
             | There's the idealized America that we learn about in
             | school, then there's America as it is.
             | 
             | I guess ideals are a nice tool to compare something against
             | to measure something's relative value. But they can also be
             | used as a whitewash. Maybe the difference is how engaged an
             | informed citizen body is with the government.
        
               | sixothree wrote:
               | For the past 40 years one party in particular has
               | lectured me about how they are the ones who instill the
               | values of this idealized America you mention, how they
               | are the ones who are the real patriots, and how they only
               | can interpret what the founding fathers intended.
        
               | munificent wrote:
               | _> There 's the idealized America that we learn about in
               | school, then there's America as it is._
               | 
               | I strongly dislike this take.
               | 
               | There is the idealized America that we wish America was,
               | and there is an entire continuum from that point all the
               | way to "no functioning state at all Mad Max hellhole".
               | Treating all points that are not exactly at "idealized
               | America" as equivalent discards a massive amount of
               | nuance and effectively makes it impossible to advocate
               | for incremental change.
               | 
               | Yes, America is not perfect. But that doesn't mean that
               | the America we had before Trump's massive corruption is
               | identical to the American we have today.
        
               | y33t wrote:
               | > Treating all points that are not exactly at "idealized
               | America" as equivalent
               | 
               | > that doesn't mean that the America we had before
               | Trump's massive corruption is identical to the American
               | we have today.
               | 
               | I don't know how you got that out of my post.
        
               | miningape wrote:
               | To be fair, taking bribes for your presidential library
               | has been apart of American politics for a while. Also,
               | sorry, I forgot we don't call it "bribing" anymore, it's
               | called "lobbying" now ;)
               | 
               | https://www.opensecrets.org/news/2019/03/shining-a-light-
               | on-...
               | 
               | (also I absolutely love your interpreter book - you
               | single-handedly got me a perfect score for my bachelor
               | thesis, sorry had to sneak this in)
        
               | 1oooqooq wrote:
               | you only need the "lobby" cover for levels under
               | president. you can note how the meta donation doesn't
               | have to be called as such.
        
               | leptons wrote:
               | > "no functioning state at all Mad Max hellhole"
               | 
               | This is exactly the track we're on, if you hadn't noticed
               | the last week. The train has left the station. We likely
               | are arriving a lot sooner than you may think.
        
               | K0balt wrote:
               | America rides eternal, shiny and chrome!
        
               | WesleyJohnson wrote:
               | Ideal or not, it's propaganda. We're lead to believe only
               | other countries use propaganda to control their citizens,
               | shield them from truths, and paint foreign countries as
               | "lesser than" or, worse "the enemy". All the while, we're
               | doing the same thing. Maybe I've had the wool pulled over
               | my eyes my first 4 1/2 decades, but it seems pretty clear
               | now.
        
               | iknowSFR wrote:
               | They don't pay teachers enough to challenge the norm and
               | deal with the fallout. Whether that's by design or not...
               | probably? The idea here being to incentivize teachers to
               | do the bare minimum.
        
               | acomjean wrote:
               | If you give after the fact, its a "Gratuity" and allowed.
               | 
               | https://www.scotusblog.com/2024/06/supreme-court-limits-
               | scop...
        
               | nelox wrote:
               | It's not called the American Dream for nothing
        
             | mattnewton wrote:
             | We are discovering that enough of the electorate does not
             | care when some politicians do it, so that the ideal is
             | unenforceable, and I think it's because of the media.
        
               | myko wrote:
               | after Nixon various people came together to form media
               | organizations explicitly to prevent holding people like
               | Nixon accountable, today is a result of that and our
               | failure to hold Nixon (and before him the leaders of the
               | south in the civil war) accountable
        
             | WillPostForFood wrote:
             | It is not allowed. People are conflating a private lawsuit
             | between Donald Trump and some large corps, with the Justice
             | Dept suing large corps. Justice Dept can't settle and give
             | money the money away. Let's not let politics lobotomize our
             | common sense.
        
             | econ wrote:
             | Put this in it, it might make you feel better.
             | 
             | https://theyesmen.org
        
           | spacephysics wrote:
           | This is separate from the kind of case outlined in OP. The
           | one linked has to do with Trump's account being suspended.
           | 
           | It's definitely off, but no different than a big pharma
           | lobbyist paying every other presidential campaign. Or the
           | 100's of senate/rep races.
           | 
           | If anything, the funds Meta paid are less accessible to Trump
           | than campaign donations.
           | 
           | The DOJ case has much broader implications than a social
           | account being deactivated, then money being paid to the
           | presidential library...
        
             | wbl wrote:
             | It's hugely different. We limit donations from lobbyists,
             | force them to register their activities. This settlement
             | goes straight to Trump's pockets like Frank Hagues desk
             | drawer.
        
               | cryptonector wrote:
               | It seems that the HN commentariat is saying:
               | 
               | "You can't sue, or at least you can't win any kind of $$$
               | as a result of a lawsuit, or at the very least you can't
               | settle a lawsuit for $$$ if you could possibly use that
               | $$$ for campaigns or if you could use it to pay off loans
               | from a past campaign."
               | 
               | (or maybe that but where "you" == Trump).
               | 
               | A rule of that sort would mean that you'd have no
               | recourse whatsoever against any torts interfering with
               | your political campaigns. Utilities could cut water, gas,
               | electric, and sewer services to campaign headquarters for
               | any campaigns they don't like. Etc.
               | 
               | That cannot be a rule. Perhaps a no-settlements rule
               | would be OK -- you have to win at trial or you get
               | nothing (and loser pays).
               | 
               | In this case I'd say that on the one hand a settlement
               | has the potential to be a bribe since we don't know what
               | a trial might have yielded, but also that $25m is
               | objectively not very much considering Meta's action and
               | its impact on the Trump campaign. That the Trump campaign
               | has no debt (I think?) and it's over and he can't run for
               | re-election, all mitigates the settlement resembling a
               | bribe.
        
               | wbl wrote:
               | In the United States of America private corporations can
               | refuse to permit a presidential candidate to use their
               | platform. Meta had a very strong first amendment defense.
               | ABC had a very strong defense against the libel case
               | because most of us agree that sticking a finger into
               | someone's vagina without them asking for it is in fact
               | rape. CBS got sued over damages for misdescribing an
               | interview with his opponent. He won that election. What
               | damages are there? The NY Times has reported that CBS
               | executives view the settlement as a way to win favor.
        
           | cowfriend wrote:
           | > remedy for all the cases will be to buy $25 million
           | TRUMPCOIN
           | 
           | There, fixed it for you
        
           | chrisco255 wrote:
           | That's called an out of court settlement for a lawsuit. Two
           | parties can settle a lawsuit on whatever arbitrary terms they
           | wish.
        
             | foota wrote:
             | I'm not sure this is entirely true, see for example the
             | Hunter Biden case. Maybe that's different because it's a
             | criminal case?
        
               | bombcar wrote:
               | Criminal settlements have to be approved by the judge
               | after a point (I think).
        
             | jakelazaroff wrote:
             | It's also called a protection racket.
        
             | afavour wrote:
             | Technically true but it's very clear what's going on. The
             | court case was one pretty much everyone agreed Trump would
             | lose. Trump literally told Zuckerberg the court case needed
             | to be resolved if he wanted to get into the inner circle...
             | ta-da, $25m later, it's all gone.
             | 
             | Let's just call corruption corruption.
        
               | bawolff wrote:
               | Settling cases even when its clear you are going to win
               | is actually a thing that happens more often than you
               | would think. Sometimes the settlement is cheaper than
               | paying lawyers in a drawn out trial. Not to mention the
               | PR cost.
        
               | afavour wrote:
               | Yes, and one side outright asking for a settlement as
               | part of a corrupt deal also happens. Let's be real.
        
               | bawolff wrote:
               | I suppose, but i don't really see the advantage of doing
               | it as part of the settlement. If zuck wanted to give
               | trump a bribe why not just donate directly?
        
             | sunshowers wrote:
             | Yes, and the rest of us can apply basic logic as to what's
             | happening.
        
           | kernal wrote:
           | That was a settlement to a lawsuit for deleting his Facebook
           | accounts. But you knew that already.
        
           | kabdib wrote:
           | that's a lot of crayons
        
           | cdme wrote:
           | $25 million for a dumpster that's caught on fire feels
           | expensive.
        
           | K0balt wrote:
           | 25 million? How many books are going to be in there? All ten?
        
           | ndesaulniers wrote:
           | Clearly a bribe.
        
         | ActionHank wrote:
         | Vance came from big tech, he's not a skeptic, it's an act. He
         | says things that make it seem like the leadership are against
         | the big bad and for the average Joe. Apple is piling on this
         | one so that both can get a win at the same time.
        
           | mattmaroon wrote:
           | Came here to say this. He brought all the tech industry with
           | him.
        
           | mightyham wrote:
           | Vance did not come from big tech, he comes from VC circles in
           | silicon valley which is an important distinction. The people
           | he runs with quite literally call themselves "little tech"
           | [1], and they have an agenda that does not necessarily align
           | with the objectives of big 5 tech firms. However, I'm not at
           | all trying to disagree with you on the fact that much of what
           | he says and does is performative and has ulterior motives.
           | 
           | [1] https://a16z.com/the-little-tech-agenda/
        
             | danudey wrote:
             | I mean, Vance's first job in VC was becoming a partner at
             | Thiel's Mithril Capital in 2015, then he moved to
             | Revolution LLC which was founded by Steve Case (of AOL
             | fame), then he co-founded a VC firm with a former colleague
             | from Mithril and funding from Peter Thiel.
             | 
             | So I mean, he's not "big tech" in the sense of working with
             | or for the few huge corporations that control what we see
             | and read and how we do it, but he's "big tech" in the way
             | of being highly influenced by Silicon Valley billionaires
             | and their "government just gets in the way, down with
             | regulations and laws so I can get more wealth and power"
             | ethos.
        
               | sangnoir wrote:
               | IMO, the SV mindset, VC and big tech aren't
               | interchangeable in that way.
               | 
               | Sequoia Capital, the 900 lb gorilla of VCs reportedly had
               | $102B in funds/assets in 2024. Apple just had $124B as
               | _first quarter revenue_ and had over $200B in cash
               | reserves after a $30B stock buyback. I don 't know the
               | size of the funds Vance oversaw, but I bet dollars to
               | donuts, the scale is far bigger at big tech.
        
               | lotsofpulp wrote:
               | One way VC firms earn money is when the businesses they
               | fund get purchased by bigger businesses like Apple.
        
           | sangnoir wrote:
           | Vance came from Venture Capital, not big tech. Now that they
           | have a seat st the table, I can see VC folk cannibalizing big
           | tech if there's enough money in it. Who can say no to a
           | court-mandated fire sale of Chrome Inc or Android Inc? They'd
           | ride it all the way to an IPO, before the enterprises
           | collapse without the ad-dollars <-> eyeballs virtuous cycle.
        
             | scarface_74 wrote:
             | Android is not nearly as profitable as you think and how
             | would you make money from Chrome?
        
               | sangnoir wrote:
               | You may have missed my final sentence.
        
             | JumpCrisscross wrote:
             | > _can see VC folk cannibalizing big tech if there 's
             | enough money in it_
             | 
             | Vance's circle has never been in the business of disrupting
             | Big Tech. They're looking to sell to them. (Also the White
             | House pigeons have more influence than Vance inasmuch as
             | they might shit on Trump and thus catch his attention.)
        
               | sangnoir wrote:
               | I don't think people with skin in the game are as
               | cavalier about Vance as you are. He is after all, a
               | heartbeat from the presidency whose incumbent will become
               | the oldest on record - you probably don't want to be on
               | his bad side - just in case. If he calls you, you
               | probably want to pick up the phone and hear him out.
        
               | JumpCrisscross wrote:
               | > _He is after all, a heartbeat from the presidency_
               | 
               | Vance has tremendous _potential_ power. He has no say
               | right now. That is evidenced to a _remarkable_ degree,
               | for such things so early in a Presidency, in the public
               | record. People aren 't bothering to keep him in the loop.
               | 
               | Also, Vance's power isn't solely conditional on Trump's
               | EKG. He's very much constrained by MAGA and friends.
               | 
               | > _If he calls you, you probably want to pick up the
               | phone and hear him out_
               | 
               | Of course. He's still my Vice President and from my
               | interactions with him to date, a perfectly nice person.
               | 
               | But I wouldn't expect anything to come of it. I would not
               | be able to take him at his word, not because I think he's
               | dishonest, but because I really don't think he is in the
               | know. And I can think of a few people I'd be willing to
               | cut that call short for if _they_ called during that
               | call.
        
               | sangnoir wrote:
               | > He's very much constrained by MAGA and friends
               | 
               | A promoted president Vance will be in no way constrained
               | or contained by MAGA if he has Thiel in his corner.
        
               | JumpCrisscross wrote:
               | > _A promoted president Vance will be in no way
               | constrained or contained by MAGA if he has Thiel in his
               | corner_
               | 
               | What do you think Thiel brings to the table with MAGA?
        
               | mullingitover wrote:
               | I think it's the other way around, what does MAGA offer
               | Thiel.
               | 
               | They got him the presidency this time around, but he
               | could dump them for centrists if that group is up for
               | sale next time.
        
               | rcpt wrote:
               | Nah. It's a cult and it does with the leader. Look how
               | badly Desantis flopped when he tried to move up.
        
             | beambot wrote:
             | VC relies on IPOs and BigTech M&A to survive... Need
             | someone to pass their bags to.
        
         | cyberlurker wrote:
         | I think it needs to be stated as a matter of fact that Vance
         | has demonstrated he doesn't hold a position if it isn't
         | advantageous to him. Which is normal for politicians, but in
         | his case very extreme.
         | 
         | So not to take anything away from the rest of your comment but
         | that part of it should be disregarded.
        
         | DannyBee wrote:
         | Lawyer here: As a general rule, you can't bind non-parties with
         | injunctions. Courts have no authority to enforce such
         | injunctions either.
         | 
         | A very recent example:
         | https://reason.com/volokh/2025/01/24/google-as-non-party-not...
        
           | masfuerte wrote:
           | Idiot here. So the court can't ban Apple from doing business
           | with Google but they can ban Google from doing business with
           | Apple?
        
             | DannyBee wrote:
             | Generally no, actually. Not without apple being a party.
             | 
             | Now, over the past few decades this has been slowly relaxed
             | in practice (IE courts willing to try to do it), but the
             | underlying precedent has not actually changed on this.
             | Hence my comment elsewhere that the supreme court has been
             | looking for a case in which to reassert this precedent
             | (They have).
             | 
             | Where it starts to get weird is when you ask the more
             | generic variations of this question: Can a court ban Google
             | from doing business with companies with market cap more
             | than 1 trillion?
             | 
             | Can a court order Google to have an independent master
             | approve any contracts it enters into?
             | 
             | etc
             | 
             | Generally the remedies are limited by applicable law, and
             | in turn by congress's authority in the first place (in the
             | case of federal lawsuits like this).
             | 
             | Trying to enjoin apple when they are a non-party runs into
             | the latter more than the former.
             | 
             | Trying to say who Google can contract with runs more into
             | the former than the latter.
             | 
             | Keep in mind civil remedies are also much less expansive
             | than criminal ones because of constitutional limitations.
             | 
             | Unfortunately, for any mildly novel remedy, it's hard to
             | predict what will happen - they are just uncommon enough
             | that without running it through appeals/etc, you just don't
             | know what will happen. It's total guesswork in practice.
             | 
             | Even things that were once considered not novel have
             | changed - for a long time, the FTC sought money damages in
             | antitrust cases and unfair competition cases, but that was
             | ruled "not okay" 5 years ago. Whatever one may think of the
             | court, this was actually quite right, as the statute goes -
             | they were abusing a statutory provision that granted them
             | the ability to get injunctions to basically "enjoin"
             | companies into paying them fines. This was clearly
             | ridiculous. But it went on quite a while.
        
         | cma wrote:
         | > Vance has been clear he's a big tech skeptic
         | 
         | I'm sure he's extremely skeptical of Palantir and Oracle.
        
       | yapyap wrote:
       | Defendant, so on the side of US?
        
         | parsimo2010 wrote:
         | No, the title is (well, it was) misleading (now the title has
         | been edited to read US vs Google when it previously said Google
         | vs US). Apple wants to join Google as co-defendant, because if
         | Google loses their monopoly case it won't be able to pay Apple
         | to be the default search on iOS. Apple is therefore joining the
         | case because it wants Google to be able to continue paying
         | Apple billions of dollars.
        
         | abracadaniel wrote:
         | The title was just updated as the original had them reversed.
         | The defendant is Google.
        
       | columb wrote:
       | So Apple is also scared of the US breaking monopoly like the EU
       | did with the app store? We all know that this isn't just a search
       | here at play. Maybe the end of walled gardens... One can only
       | hope!
        
         | MBCook wrote:
         | Was that an issue in this case?
        
       | arvinsim wrote:
       | I have read somewhere that the money Google pays Apple for being
       | the default is a relatively big chunk of Apple's profit margins.
       | If true, then it is understandable why Apple is fighting hard for
       | it.
        
         | IncreasePosts wrote:
         | Also, what will apple do - make Google not the default? Giving
         | users bing or whatever will just piss off a lot of people.
        
           | dumbfounder wrote:
           | Develop their own crappy version and rely on most people not
           | noticing. (Apple Maps)
        
             | Cumpiler69 wrote:
             | Google search has already become crappy enough. I doubt
             | Apples would do so much worse at this point.
        
             | sthatipamala wrote:
             | Your info might be outdated. Apple Maps is actually better
             | than Google Maps in many ways (e.g. it says "pass this
             | light and at the next one, turn left" instead of "in 300
             | feet, turn left")
        
             | lotsofpulp wrote:
             | I notice that I don't see ads in Apple Maps.
        
           | JKCalhoun wrote:
           | Option 1: Present the choices on the Setup screen when you
           | install the new iOS.
           | 
           | Option 2: Leave the default NULL and when the user first hits
           | search in iOS (and default is NULL), present the list of
           | search providers.
        
             | iforgot22 wrote:
             | If they're still not being paid for those choices, I don't
             | see why Apple would do this instead of just making the
             | default Google (or something else reasonable).
        
               | jeroenhd wrote:
               | In the EU both Google and Microsoft have such selection
               | screens for search engines (and at some point browsers)
               | because of antitrust concerns. I believe Apple also has a
               | browser selection screen on iOS, but I'm not sure if this
               | is the case for search engines.
               | 
               | If antitrust rulings make the case that any such big tech
               | deals are illegal, Apple may not have a choice in the
               | matter.
        
               | iforgot22 wrote:
               | It's possible that Apple could be forced to do this, but
               | just want to note that the EU Google and Microsoft thing
               | is different. The EU didn't want them to push their own
               | browsers, search engines, or other software on users.
        
             | IncreasePosts wrote:
             | Sure - but what I mean is that Apple seems to be stuck
             | without any good options here. Even if they don't get the
             | $20B/yr, most users will probably either choose google
             | search, or be upset if they don't get google search on
             | mobile safari.
        
           | madeofpalk wrote:
           | It seems the main thing the DoJ is upset about is that Apple
           | hasn't developed a search engine themselves, because they
           | have these deals with Google.
        
             | SteveNuts wrote:
             | Surprised Apple and Google haven't just come to an
             | agreement for Apple to "create their own" search engine
             | which uses Google as the backend to work around it.
        
               | madeofpalk wrote:
               | This is pretty much exactly one of DoJ's proposed
               | remedies they're trying to force Google to do
               | https://www.theverge.com/2024/11/27/24302415/doj-google-
               | sear...
        
             | iforgot22 wrote:
             | So they want _more_ vertical integration?
        
         | HarHarVeryFunny wrote:
         | Apple need to get their AI act together and replace Siri with a
         | decent RAG-supporting AI that people are likely to prefer to
         | search (Google search is becoming less and less useful, both in
         | of itself and wrt AI).
         | 
         | It's funny that when Apple originally acquired the Siri tech
         | from SRI international ("Siri" = "SRI"), there were plans to
         | augment it with all sorts of agentic behaviors like OpenTable
         | bookings, which never happened, and now OpenAI's first agent
         | "Operator" seems to be focusing on exactly use cases like that
         | (OpenTable, Uber, etc). Rather than paying for search, these
         | sort of AI-generated business referrals could be a revenue
         | source for Apple, or at least offset the cost of licencing a
         | SOTA AI from someone else until/unless they develop their own.
        
         | fullshark wrote:
         | Their services profits maybe (which is where Wallstreet's
         | perceived growth is coming from)
        
         | iforgot22 wrote:
         | Does Apple think Google is going to intentionally lose the
         | trial so they don't have to pay anymore :D?
        
         | threeseed wrote:
         | > relatively big chunk of Apple's profit margins
         | 
         | It's about 1/6 of Apple's profits.
         | 
         | And proportional to the growth of their devices i.e it's likely
         | to go down over time as they grow beyond iPhone/Mac.
        
         | bell-cot wrote:
         | Doesn't matter what % of Apple's profits, we're talking
         | $11-figures per year.
         | 
         | There are not enough lawyers in American (within this legal
         | niche) to soak up all the legal expenses that defending an
         | 11-figure profit center could justify.
        
       | parhamn wrote:
       | Who would Apple choose as their search provider even if Google
       | didn't pay them? If they gave users a choice up-front I'm sure
       | 99% would choose Google too. Can someone explain how this isn't a
       | big deal for Google?
        
         | asadotzler wrote:
         | It opens the possibility that not-Google web search services
         | could sell their way into various apps and service.
         | 
         | Right now, Google has _exclusive_ global contracts. A company
         | with a product that 's paid for Google's web search must use
         | Google at every search access point and in every country they
         | sell into where Google does business.
         | 
         | If Google's restricted from those contracts, local web search
         | has a chance, user web search choice has a chance, the web
         | itself has a chance.
         | 
         | Sure, Apple may keep Google in the US, but they might start
         | swapping in Siri for some search access points, or swapping in
         | ChatGPT search in others, or switching away from Google in
         | Korea or Brazil or other markets with strong local services.
         | 
         | Who knows, maybe we'd have a compelling Apple Web Search today,
         | like we have Apple Maps as an alternative to Google Maps, but
         | that couldn't have happened because of these incentives. Take
         | away the $20B+ a year Google pays Apple for that placement and
         | maybe Apple provides a better service with more privacy
         | protections and less spam. Maybe not, but if we don't change
         | how this all works, we'll never know.
        
           | wbl wrote:
           | The product of competitors is somehow not better enough to
           | cause people to navigate a click away.
        
           | threeseed wrote:
           | > but they might start swapping in Siri for some search
           | access points
           | 
           | They've been doing this for years now.
           | 
           | AppleBot has been crawling away powering the Safari
           | Suggestions engine.
        
         | hindsightbias wrote:
         | prep for court judgement release:
         | 
         | "In lieu of the court ruling, Apple today announces the
         | availability of Apple Scout and Apple AdSight. Apple Scout will
         | serve as the new default search engine in MacOS and iOS."
         | 
         | "Markets were shaken today as Alphabet plunged 20%..."
        
         | ARandumGuy wrote:
         | IDK but I think it'd be really funny if Apple switched to using
         | Bing as their default search engine.
        
       | granzymes wrote:
       | I think people have the wrong idea when they see "defendant" in
       | the title. Here's what happened:
       | 
       | Apple has been watching this case closely from the beginning
       | because it implicates the enormous amounts of money that Google
       | pays them to be the default search engine on Apple devices.
       | They've been involved as a nonparty, providing witnesses and
       | documents requested by Google and the United States and have had
       | lawyers present to observe from the gallery throughout the
       | proceedings.
       | 
       | Until recently, Apple and Google were on the same side. Google
       | was incentivized to win the case, which is also what Apple wanted
       | because that would preserve the revenue share. But then Google
       | lost the liability phase of the trial, and the government asked
       | for truly extraordinary remedies including a divestiture of
       | Chrome, significant changes to Android contracts, and a 10 year
       | ban on any contract of any value whatsoever between Apple and
       | Google.
       | 
       | Apple feels that its interests are no longer perfectly aligned
       | with Google's. First, Google has bigger fish to fry than its
       | Apple revenue share because it needs to defend its Chrome and
       | Android businesses. Second, it would actually benefit Google if
       | they weren't able to pay Apple revenue share if Apple kept Google
       | as the default search engine because it's the best on the market
       | and Apple doesn't want to provide an inferior option to its
       | users.
       | 
       | So Apple filed a motion to intervene for the limited purpose of
       | defending its right to contract during the remedies phase of the
       | trial. That doesn't make Apple a defendant. The Court can't order
       | Apple to do anything in its final remodels order. But it would
       | allow Apple to present evidence during the remedy phase, call and
       | cross-examine witnesses, and participate in the post-hearing
       | briefing.
       | 
       | Apple says its purpose in participating in the remedies phase is
       | to present evidence that neither Google nor the government is
       | equipped to provide: information on Apple's future plans. Apple
       | says, regardless of what the Court does, it has no plans to
       | invest the billions of dollars that would be required to enter
       | the general search market. The government's ban on Apple working
       | with Google is premised at least in part on that competitive
       | entry, which Apple aims to demonstrate is a fantasy.
       | 
       | The Court partially denied Apple's request, fearing that other
       | parties would also want to intervene. The Court will not allow
       | Apple to call or cross-examine witnesses, but Apple can submit up
       | to two affidavits from fact witnesses and participate in writing
       | post-hearing briefs.
       | 
       | The government has represented to Apple that it will challenge
       | the Court's decision to give Apple that limited role during the
       | remedies phase, and so the linked document is a request for a
       | pause of the remedies phase while Apple appeals the partial
       | denial of its motion to intervene to the D.C. Circuit.
       | 
       | Happy to answer any questions about the legal standards involved
       | or the procedural history of the case.
        
         | Oarch wrote:
         | I very much needed the plain English. Thank you!
        
         | yellow_lead wrote:
         | > Second, it would actually benefit Google if they weren't able
         | to pay Apple revenue share if Apple kept Google as the default
         | search engine because it's the best on the market and Apple
         | doesn't want to provide an inferior option to its users.
         | 
         | That doesn't make much sense to me. If that were the case,
         | Google could've stopped paying it long ago?
        
           | granzymes wrote:
           | Prior to this lawsuit, Apple could bluff and say they would
           | contract with Bing or some other search engine, and indeed
           | evidence from the trial showed that Apple would invite Bing
           | to submit bids but internally was clear that no amount of
           | money would be enough to switch from Google. One key piece of
           | evidence showed that Microsoft had offered to give Apple 100%
           | of its Bing revenue on Apple devices and that still wasn't
           | enough to overcome Bing's lack of quality.
           | 
           | If Google is removed as an available option, Apple can longer
           | keep up the facade and will be forced to either suck it up
           | and keep Google for free or give their users an inferior
           | product. Mozilla tried switching from Google once and users
           | hated it. Apple doesn't want to piss off its users.
        
             | modeless wrote:
             | Apple did send traffic to Bing in the past. It wasn't all
             | of their iOS search traffic, but some.
        
               | avianlyric wrote:
               | At different points in time Spotlight search and Siri
               | have used Bing for internet search. It's not totally
               | clear what the latest version of iOS uses, but it
               | wouldn't surprise me if Bing was still used.
        
         | everial wrote:
         | (not a lawyer) What's gut check on how likely this is to
         | succeed? Is this one of those things like preliminary motions
         | to dismiss that are almost always filed but rarely successful,
         | or has a decent shot?
        
           | granzymes wrote:
           | My gut says that Apple will probably get to keep what the
           | Court gave it already (the ability to file two affidavits and
           | participate in the post-hearing briefing) but not full
           | intervention as it originally requested.
           | 
           | District courts have very broad discretion to order their
           | affairs (going to the first point) and Apple's request likely
           | came too late to be permitted to intervene (going to the
           | second point).
        
         | alt227 wrote:
         | Thankyou so much for the laymens terms explanation.
         | 
         | This all sounds so complex to my non legal brain, but is _' a
         | request for a pause of the remedies phase while Apple appeals
         | the partial denial of its motion to intervene'_ classed as a
         | really simple standard legal procedure in the courts?
        
           | granzymes wrote:
           | These types of motions for a stay are analyzed under a four-
           | part test. Apple needs to show that 1) it is likely to
           | succeed in its underlying request, 2) that without a stay it
           | will suffer irreparable harm, 3) that no other party is
           | unduly harmed by a stay, and 4) that the public interest is
           | not disserved by a stay.
           | 
           | The four parts are weighed together, and a strong showing on
           | one part can make up for a weaker showing on another part.
           | 
           | Assuming that Apple can make that showing, yes the standard
           | procedure is to stay the case while Apple appeals. That
           | preserves the status quo, which would be lost to Apple
           | forever even if it ultimately succeeds on appeal if there was
           | no stay (this is the "irreparable harm" part of the test).
        
         | deafpiano wrote:
         | If the DoJ get's Google to divest from Chrome, wouldn't that
         | also setup some precident to force Microsoft/Bing to divest
         | from (the new chromium) Edge?
        
           | granzymes wrote:
           | I highly highly doubt that DOJ succeeds in convincing the
           | Court to force Google to divest Chrome. That wasn't really
           | part of the trial, which focused on Google's contracts to
           | make its search engine the default on other platforms.
           | 
           | However, if DOJ does succeed then yes this case could make it
           | easier in the future to force Microsoft to divest Bing if
           | Bing ever gained a monopoly in search. As a comparison, the
           | original Microsoft antitrust case precedent is very important
           | to this search case. That's why the government sued in this
           | district (the same district they sued Microsoft in decades
           | ago).
        
           | TiredOfLife wrote:
           | Microsoft/Bing is not the dominant (far from it)
           | search/ad/platform provider
        
         | DannyBee wrote:
         | The court's position here is strange - you can't bind non-
         | parties with injunctions.
         | 
         | This is even part of the FRCP - see 65(d)(2)
         | 
         | The only exception is basically aiding and abetting.
         | 
         | This is well settled caselaw basically forever. I posted it
         | elsewhere in the thread, but here's a very recent example:
         | https://reason.com/volokh/2025/01/24/google-as-non-party-not...
         | 
         | (Youtube can't be ordered by a federal court to take down posts
         | as part of an injunction, when they aren't party to the case).
         | 
         | The court may want to keep whatever scheduling it has, but it's
         | going to royally screw itself if it tries to order an
         | injunction that affects the rights of non-parties in a
         | meaningful way like this, without being really really careful
         | about it.
         | 
         | Especially with SCOTUS just itching to find important cases
         | where they can reinforce the limited nature of injunctions and
         | ensure courts only grant relief that deals with the parties at
         | hand.
        
           | FateOfNations wrote:
           | I'd summarise it as:
           | 
           | Apple can ask Google to do business, but Google will be under
           | court order to respond, "Sorry, we can't."
           | 
           | In that situation, Apple would not have any obligations to
           | the court. Google would be responsible for avoiding doing
           | business with Apple.
           | 
           | Obviously, this would impact Apple's economic interests, so
           | they want a seat at the table.
        
         | Sargos wrote:
         | >if Apple kept Google as the default search engine because it's
         | the best on the market and Apple doesn't want to provide an
         | inferior option to its users
         | 
         | Apple did exactly this in the past with Apple Maps replacing
         | Google Maps, so I don't see why this would bother them much.
        
       | tolerance wrote:
       | It's impressive how a decision as banal-on-the-surface as a
       | default search engine can kick open the strongbox of big
       | business, unravel anti-trust suits and crook the neck and knee of
       | businessmen to the State.
        
       | narenkeshav wrote:
       | Nuclear warfare that Steve jobs wanted.
        
       | supermatt wrote:
       | Google still win if/when they lose this case.
       | 
       | They won't be able to pay 3rd parties, but those 3rd parties will
       | still end up referring their users to google and google pockets
       | the fees they previously paid.
       | 
       | The whole "choice" process is a farce in the EU. People still
       | choose google because they don't know any different.
        
         | NotPractical wrote:
         | > The whole "choice" process is a farce in the EU.
         | 
         | What do you suggest? Forcing people to use DuckDuckGo against
         | their will?
        
           | supermatt wrote:
           | Removing google from the list entirely. If people want it
           | they should actively seek it out to install, like every other
           | search engine other than the "curated" 6.
        
         | Kuinox wrote:
         | It will allow me to use the search engine I use in the os
         | integration. Currently it open google, I use Kagi, which should
         | be soon an option.
        
           | bradyd wrote:
           | You can already choose a different search engine than Google.
           | You are given the option of Google, Yahoo, Bing, DuckDuckGo,
           | and Ecosia. But it would be nice if you could add your own.
        
             | Kuinox wrote:
             | That why I said "it will", I pay for Kagi, and soon Kagi
             | will be in this list (they need a download count threshold
             | on their app)
        
         | schnable wrote:
         | Yes, in a vacuum, but there are other antitrust cases and
         | remedies in play against Google that have the goal of further
         | reducing their dominance in search and advertising.
        
       | jmyeet wrote:
       | How this case works out for Apple and Google depends entirely on
       | the remedy.
       | 
       | IF the court ends up banning ANY search engine paying for being
       | the default search engine then that (IMHO) it's a massive win for
       | Google. Why? Because _nobody else_ can pay for being the default.
       | And Google will save billions of dollars. Apple loses billions of
       | dollars, which is why they 're trying to intervene.
       | 
       | IF the court simply restricts Google from paying for being the
       | default search engine then that's less good for Google and
       | slightly better but still bad for Apple because nobody can write
       | checks like Google can.
       | 
       | We have some direct data of how others paying for being the
       | default search engine hasn't worked out so great. I'm
       | specifically referring to the Firefox-Bing deal that didn't last
       | all that long.
       | 
       | Could this prompt Apple to make their own search? I'm inclined to
       | say "no". Apple already took this step with Apple Maps. It's been
       | 12 years and, depending on country, there are still some massive
       | gaps to Google Maps. I think it's (finally) pretty decent in the
       | US. In others it's almost unusable however.
       | 
       | I also think that Apple will probably bet on AI Assistants as the
       | future.
       | 
       | I also think that Google maintains its marketshare because,
       | despite pearl-clutching about how Google has fallen off by tech
       | people who never seem to substantiate that with actual examples,
       | Google is still the best option for most people. And it's not
       | even close.
        
       | tempodox wrote:
       | Monopolists of all countries, unite!
        
         | threeseed wrote:
         | Apple isn't a monopoly.
         | 
         | And as advertising starts coming to LLMs this year I would
         | argue Google isn't either.
        
         | talldayo wrote:
         | FAANG becomes Voltron
        
       | 2OEH8eoCRo0 wrote:
       | "Trust beneficiary objects to trust busting."
        
       | nostromo wrote:
       | Apple has known their deal with Google was on shaky legal ground
       | for some time.
       | 
       | They should have been buying search engine startups and
       | developing one internally for at least a decade now.
        
       | 1vuio0pswjnm7 wrote:
       | The title is not accurate. This is a motion for a stay pending an
       | appeal.
       | 
       | Apple already moved to intervene ("become a defendant") back on
       | December 23, 2024. It was not an emergency motion. That motion
       | was denied on January 27, 2025. Read the Opinion:
       | 
       | https://ia800602.us.archive.org/6/items/gov.uscourts.dcd.223...
       | 
       | Apple now wishes to appeal.
       | 
       | The top comment states "When they asked to file some briefs they
       | were denied."
       | 
       | In fact, the court will allow Apple to file an amicus brief:
       | 
       | "The court hereby grants Apple permission to participate as
       | amicus curiae and file a posthearing brief alongside the parties.
       | If Mr. Cue is called to testify at the evidentiary hearing, Apple
       | may also submit an affidavit from one additional fact witness
       | that addresses facts not covered by Mr. Cue's testimony. If Mr.
       | Cue is not called to testify, Apple may submit two affidavits
       | from fact witnesses, in addition to a post-hearing brief."
        
       ___________________________________________________________________
       (page generated 2025-02-01 08:01 UTC)