scholarly journals Epic Games v. Apple: Fortnite battle that can change the industry

2021 ◽  
pp. 6-25
Author(s):  
Paulina Ambrasaitė ◽  
Agnė Smagurauskaitė
Keyword(s):  
Academic Writing ◽  
The United States ◽  
Legal Framework ◽  
Digital Goods ◽  
Relevant Market ◽  
After Effects ◽  
App Store ◽  
Essential Facility ◽  
The Media ◽  
Legal Frameworks

When Apple Store was launched, there were 500 applications available for iPhone users. Since then, the number of applications in the App Store skyrocketed and in 2017 reached around 2.2 million. In recent years, the number of apps in the App Store is steadily declining, due to Apple’s decision to remove old apps that do not function or the apps that do not follow current app guidelines. The distribution of the apps is only available through the App Store, where the only available payment processor is controlled by Apple. That places Apple in a unique position.The case Epic Games v. Apple raises a broader discussion, whether Apple as the “gatekeeper” of Apps can restrict distribution and access to the apps in the iOS operational system, and whether that kind of activity can be deemed as a monopolist and restrictive competition in App distribution market. This paper will analyze and critically evaluate the recent lawsuit that was brought up against Apple by Epic Games. The main aspect of this analysis is whether Apple can legally restrict the developer’s ability to distribute the applications through the App Store and if it does not restrict the competition. This article is composed of several chapters. Chapter one will examine the relevant facts of the Epic and Apple lawsuit and will summarize the key arguments of this case. The second chapter will explore the relevant legislation and the relevant market related to previously mention proceedings and will explain how the doctrine of the essential facility might affect the case. Chapter three will delve into similar cases brought up earlier and will cover the distribution of digital goods. Chapter four will provide conclusions and the paths moving forward.The object of the paper is to perform a detailed analysis of the case. The purpose of the paper is an assessment of the relevant facts and legal framework regarding Epic’s claim, as well as analyze the topics of foreclosure and dominance in the market. To write this paper several academic writing methods such as descriptive to provide readers with relevant legislation and inform them about relevant facts of the case, also analytical to form the readers’ opinions regarding the recent events and activities of both sides of the suit, also a comparative to compare different legal frameworks in the United States of America and European Union regarding the regulation of monopoly were used. There is no doubt this topic has enormous relevance because of its’ possible after-effects. Epic’s claim already has an impact not only on Apple but also on the whole app development and distribution industry of digital goods and might create a precedent to the similar cases. Currently, this claim is only discussed in the media, and there is no precedent. This article will not give a clear answer to how this lawsuit will be resolved, because it mainly depends on court interpretation of the relevant market. We would rather give a few alternative solutions to this case.

The Legal Framework for the Protection of Foreign Direct Investment in Ethiopia

2019 ◽  
pp. 741-762
Author(s):  
Won L. Kidane
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
The United States ◽  
Legal Framework ◽  
International Investment ◽  
International Investment Law ◽  
Domestic Legislation ◽  
Investment Law ◽  
Enforcement Mechanisms ◽  
Legal Frameworks

Historically, Ethiopia’s near-perpetual independent existence has uniquely permitted latitude to shape policy and legal frameworks for the admission, protection, and management of foreign direct investment (FDI). The contemporary legal framework is a product of many external influences. International investment law principles have been part of Ethiopia’s investment law since 1903, when Ethiopia signed the Treaty of Amity and Commerce with the United States. This treaty contained some modern notions of international. Following military rule (1974–91), during which all domestic and international principles of fairness and equity were abrogated, Ethiopia attempted to build a new legal framework for the ordering of FDI. The existing framework is composed of evolving domestic legislation and an increasing number of international bilateral and regional investment treaties. This corpus of law is also equipped with institutional enforcement mechanisms. This chapter provides an overview and critique of existing rules and institutions.

Porušení bezpečnosti osobních údajů v kontextu internetu věcí

2021 ◽  
Author(s):  
František Kasl
Keyword(s):  
Internet Of Things ◽  
Cyber Security ◽  
Personal Data ◽  
The United States ◽  
Legal Framework ◽  
Future Trend ◽  
Data Breach ◽  
Security Incident ◽  
Legal Frameworks ◽  
The Impact

The goal of this research was to assess, if the current legal framework of obligations related to personal data breach under GDPR are purposefully applicable also in the context of internet of things and if so, then which changes can help to overcome eventual discovered challenges or obstacles to it. This issue is studied from four perspectives. The introduction to the topic is from the cyber security perspective. The term personal data breach is defined and explained in relation to the term security incident. Next are presented possible forms of personal data breach, offered evidence for the scope and frequency of this phenomenon and outlined the future trend of its development. Pursuant to that the potential harm for individuals from personal data breach is explained. After that, the topic is approached from the legal perspective. Within it is presented a comprehensive analysis of the legal frameworks with obligations aimed at prevention or mitigation of personal data breach in the EU, as well as in the United States. These are then discussed with the aim to identify challenges and limits applicable to them. The next chapter introduces the impact of technological change of the context, which is defined by the term internet of things. The attention is focused on the new challenges, which are brought by it to personal data processing. The variety of situations, which fall under this term, is captured through three partial scenarios: automated machine-to-machines communication, smart city environment and change in the role of microenterprises. These views are completed with an economic perspective. This is used for modelling the decision-making of the obliged parties regarding their compliance with the obligations related to personal data breach. Subsequently, the presented perspectives are merged, the obtained findings regarding personal data breach in the context of internet of things are summarized and then the possible solutions for the discovered challenges of compliance with the respective obligations are discussed.

scholarly journals Stealing Time: The Propriety of Alleging Common Law Conversion in Modern Wage Theft Lawsuits

2018 ◽  
Vol 36 (1) ◽  
Author(s):  
Hilary M. Goldberg ◽  
Nanci K. Carr ◽  
Paul J. Silvia
Keyword(s):  
Common Law ◽  
The United States ◽  
Legal Framework ◽  
Left Behind ◽  
Wage Theft ◽  
Prevention Act ◽  
The Media ◽  
Hourly Workers ◽  
Policy Institute ◽  
Common Understanding

The words “wage theft” frequently make headlines when workers sue employers for underpayment or nonpayment of wages.[1] Wage theft is “the illegal refusal by an employer to pay a worker the wages and benefits that he or she has legally earned.”[2] In the United States, employer violation of wage and hour laws is a vast and enduring problem, affecting as many as two-thirds of workers. In an attempt to combat this epidemic threat to hourly workers’ bottom lines, legislatures have fashioned numerous laws, some even invoking the power of “wage theft” terminology, such as New York’s Wage Theft Prevention Act.[3] However, despite the pervasive usage of the term “wage theft” by the media, politicians, and pundits, a search of the term “wage theft” in legal libraries yields little precedent. This begs the question: can employers be liable for conversion for failing to compensate employees for time-spent working? The efficacy of conversion claims in wage related lawsuits remains an unsettled question. However, if as a society we are sounding the alarm in every incidence of possible wage and hour law violations, we ultimately misinform the population of potential plaintiffs regarding the viability of a claim for theft, or conversion, of earned yet unpaid wages.The term “wage theft” is not a term of art; its closest legal corollary is the common law tort of conversion. Although we as a society frequently identify underpayment or nonpayment of wages as “wage theft,” pleading and proving that the employer has converted an employee’s wages presents an array of challenges that few plaintiffs can overcome. In this paper, we will explore the term “wage theft” as used in our society, and we will contrast this common understanding with the strict legal framework within which plaintiffs must present “wage theft” claims. Finally, we will explore this disconnect in an attempt to reconcile why such a gap exists, and persists, between the commonplace description of a worker’s reality, and the laws available to make the worker whole again. While it appears the term “wage theft” equates more readily with an exclamation of outrage than an effective claim for relief, its persistence underscores the continuing need for common law remedies, like conversion, to fill in the enforcement gaps left behind by persistently reactive legislation. [1] See Brady Meixell and Ross Eisenbrey, An Epidemic of Wage Theft Is Costing Workers Hundreds of Millions of Dollars a Year, Economic Policy Institute (Sep. 11, 2014),  http://www.epi.org/publication/epidemic-wage-theft-costing-workers-hundreds/; Josh Eidelson, LinkedIn Stiffed its Own Employees, Agrees to Pay Millions, BUSINESSWEEK (Aug. 5, 2014), https://www.bloomberg.com/news/articles/2014-08-05/linkedin-stiffed-its-own-employees-agrees-to-pay-millions; and Monica Potts, The Very Real Scourge of Wage Theft, THE DAILY BEAST (Feb. 15, 2015), http://www.thedailybeast.com/articles/2015/02/15/the-very-real-scourge-of-wage-theft.html.[2] Hilda L. Solis, Wage Theft Harms All of Us, The Huffington Post (July 19, 2015), http://www.huffingtonpost.com/hilda-l-solis/wage-theft-harms-all-of-u_b_7829514.html.[3] Wage Theft Prevention Act, 2009 N.Y.S.N. 8380 (Apr. 12, 2011).

Legal Framework for Data Mining and Privacy

2010 ◽  
pp. 181-198
Author(s):  
Robert Sprague
Keyword(s):  
United States ◽  
Data Mining ◽  
The United States ◽  
Legal Framework ◽  
Right To Privacy ◽  
Use Of Data ◽  
Privacy Laws ◽  
Information Tracking ◽  
Legal Frameworks ◽  
Legal Right

This chapter explores the foundations of the legal right to privacy in the United States, juxtaposed against the accumulation and mining of data in today’s society. Businesses and government agencies have the capacity to accumulate massive amounts of information, tracking the behavior of ordinary citizens carrying out ordinary routines. Data mining techniques also provide the opportunity to analyze vast amounts of data to compile comprehensive profiles of behavior. Within this context, this chapter addresses the legal frameworks for data mining and privacy. Historically, privacy laws in the United States have adapted to changing technologies, but have done so slowly; arguably not keeping pace with current technology. This chapter makes clear that the legal right to privacy in the United States is not keeping pace with the accumulation, analysis, and use of data about each and every one of us.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

Applicability of management guidelines for surfing resources in California

Shore & Beach ◽  
2020 ◽  
pp. 53-64
Author(s):  
Edward Atkin ◽  
Dan Reineman ◽  
Jesse Reiblich ◽  
David Revell
Keyword(s):  
New Zealand ◽  
National Level ◽  
State Level ◽  
The United States ◽  
Management Guidelines ◽  
For Profit ◽  
Aotearoa New Zealand ◽  
Coastal Marine ◽  
Management Measures ◽  
Legal Frameworks

Surf breaks are finite, valuable, and vulnerable natural resources, that not only influence community and cultural identities, but are a source of revenue and provide a range of health benefits. Despite these values, surf breaks largely lack recognition as coastal resources and therefore the associated management measures required to maintain them. Some countries, especially those endowed with high-quality surf breaks and where the sport of surfing is accepted as mainstream, have recognized the value of surfing resources and have specific policies for their conservation. In Aotearoa New Zealand surf breaks are included within national environmental policy. Aotearoa New Zealand has recently produced Management Guidelines for Surfing Resources (MGSR), which were developed in conjunction with universities, regional authorities, not-for-profit entities, and government agencies. The MGSR provide recommendations for both consenting authorities and those wishing to undertake activities in the coastal marine area, as well as tools and techniques to aid in the management of surfing resources. While the MGSR are firmly aligned with Aotearoa New Zealand’s cultural and legal frameworks, much of their content is applicable to surf breaks worldwide. In the United States, there are several national-level and state-level statutes that are generally relevant to various aspects of surfing resources, but there is no law or policy that directly addresses them. This paper describes the MGSR, considers California’s existing governance frameworks, and examines the potential benefits of adapting and expanding the MGSR in this state.

Liberating Afghan Women

2004 ◽  
Vol 21 (3) ◽  
pp. 70-88 ◽  
Author(s):  
Nancy Gallagher
Keyword(s):  
United States ◽  
Human Rights ◽  
Historical Context ◽  
The United States ◽  
Political Organizations ◽  
Way Of Life ◽  
Afghan Women ◽  
The Media ◽  
Policy Priority

Public opinion in the United States and elsewhere celebrated the liberation of Afghan women following the defeat of the Taliban government. The United States promised to stay in Afghanistan and foster security, economic development, and human rights for all, especially women. After years of funding various anti- Soviet Mujahidin warlords, the United States had agreed to help reconstruct the country once before in 1992, when the Soviet-backed government fell, but had lost interest when the warlords began to fight among themselves. This time, however, it was going to be different. To date, however, conditions have not improved for most Afghan women and reconstruction has barely begun. How did this happen? This article explores media presentations of Afghan women and then compares them with recent reports from human rights organizations and other eyewitness accounts. It argues that the media depictions were built on earlier conceptions of Muslim societies and allowed us to adopt a romantic view that disguised or covered up the more complex historical context of Afghan history and American involvement in it. We allowed ourselves to believe that Afghans were exotic characters who were modernizing or progressing toward a western way of life, despite the temporary setback imposed by the Taliban government. In Afghanistan, however, there was a new trope: the feminist Afghan woman activist. Images of prominent Afghan women sans burqa were much favored by the mass media and American policymakers. The result, however, was not a new focus on funding feminist political organizations or making women’s rights a foreign policy priority; rather, it was an unwillingness to fulfill obligations incurred during decades of American-funded mujahidin warfare, to face the existence of deteriorating conditions for women, resumed opium cultivation, and a resurgent Taliban, or to commit to a multilateral approach that would bring in the funds and expertise needed to sustain a long-term process of reconstruction.

The Architecture of Our Discontent

2018 ◽  
Author(s):  
Yochai Benkler ◽  
Robert Faris ◽  
Hal Roberts
Keyword(s):  
Political Communication ◽  
News Media ◽  
The United States ◽  
Online Media ◽  
First Year ◽  
Media Ecosystem ◽  
The Media ◽  
The Right ◽  
Integrated Media ◽  
Presidential Election Campaign

This chapter presents the book’s macrolevel findings about the architecture of political communication and the news media ecosystem in the United States from 2015 to 2018. Two million stories published during the 2016 presidential election campaign are analyzed, along with another 1.9 million stories about Donald Trump’s presidency during his first year. The chapter examines patterns of interlinking between online media sources to understand the relations of authority and credibility among publishers, as well as the media sharing practices of Twitter and Facebook users to elucidate social media attention patterns. The data and mapping reveal not only a profoundly polarized media landscape but stark asymmetry: the right is more insular, skewed towards the extreme, and set apart from the more integrated media ecosystem of the center, center-left, and left.

Bossa Mundo

2019 ◽  
Author(s):  
K.E. Goldschmitt
Keyword(s):  
Local Governments ◽  
Film Music ◽  
The United States ◽  
The Political ◽  
National Brand ◽  
Brazilian Music ◽  
Media Environment ◽  
The United Kingdom ◽  
The Media ◽  
Rich Countries

Bossa Mundo chronicles how Brazilian music has been central to Brazil’s national brand in the United States and the United Kingdom since the late 1950s. Scholarly texts on Brazilian popular music generally focus on questions of music and national identity, and when they discuss the music’s international popularity, they keep the artists, recordings, and live performances as the focus, ignoring the process of transnational mediation. This book fills a major gap in Brazilian music studies by analyzing the consequences of moments when Brazilian music was popular in Anglophone markets, with a focus on the media industries. With subject matter as varied as jazz, film music, dance fads, DJ/remix culture, and new models of musical distribution, the book demonstrates how the mediation of Brazilian music in an increasingly crowded transnational marketplace has had lasting consequences for the creative output celebrated by Brazil as part of its national brand. Through a discussion of the political meaning of mass-mediated music in chronologically organized chapters, the book shifts the scholarly focus on the music’s transnational popularity from the scholarly framework of representing Otherness to broader considerations of a media environment where listeners and intermediaries often have differing priorities. The book provides a new model for studying music from culturally rich countries in the Global South where local governments often leverage stereotypes in their national branding project.

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