The long-running legal tussle between Apple and Epic Games picked up another ruling, in the former’s favor, although the three-judge panel also upheld a part of the original ruling in Epic's favor. The US Ninth Circuit Court of Appeals upheld a lower court ruling, which rejected most of Epic's claims that Apple violated federal competition law by prohibiting other app stores on its devices.

“There is a lively and important debate about the role played in our economy and democracy by online transaction platforms with market power,” the panel wrote in the decision. “Our job as a federal court of appeals, however, is not to resolve that debate — nor could we even attempt to do so. Instead, in this decision, we faithfully applied existing precedent to the facts.” In short, the ruling maintains the status quo – unless further appeals move the case to a higher court.

– Mat Smith

The Morning After isn’t just a newsletter – it’s also a daily podcast. Get our daily audio briefings, Monday through Friday, by subscribing right here.

The biggest stories you might have missed

The UK will spend £100 million to develop its own 'sovereign' AI

Blizzard was reportedly sued by former Chinese partner after messy breakup

Google Authenticator finally syncs one-time codes in the cloud

The best smart speakers for 2023

Supreme Court will decide if government officials can block social media critics

Travelers in the ‘60s used to catch helicopter taxis between Chicago airports

Grimes invites AI artists to use her voice, promising 50 percent royalty split

“Feel free to use my voice without penalty,” the artist tweeted.

Jordan Strauss/Invision/AP

Canadian musician Grimes says AI artists can use her voice without worrying about copyright or legal enforcement. “I’ll split 50% royalties on any successful AI-generated song that uses my voice. Same deal as I would with any artist I collab with,” she tweeted on Sunday.

It comes after streaming platforms removed an AI-generated song using simulated voices of Drake and The Weeknd. Universal Music Group (UMG), which represents both artists, called for the purge after “Heart on My Sleeve” garnered over 15 million listens on TikTok and 600,000 on Spotify. UMG argued that publishing a song trained on its artists’ voices was “a breach of our agreements and a violation of copyright law.”

Continue reading.

Microsoft will reportedly unbundle Teams from Office to avoid antitrust concerns

It hopes to head off an EU investigation, but ‘a deal is not certain.’

Microsoft has agreed to stop bundling its Teams remote collaboration software with its Office productivity suite, according to the Financial Times. The company’s move attempts to head off an official EU antitrust investigation as it deals with its most significant regulatory concerns in over a decade. The FT’s sources say companies will eventually be able to buy Office with or without Teams installed, “but the mechanism on how to do this remains unclear.” Microsoft is facing its first regulatory issues in a decade. The company agreed to a settlement with the European Commission in 2009, offering European customers a choice of web browsers; it was fined €561 million in 2013 for failing to adhere consistently to that ruling.

Continue reading.

Kindle Scribe update lets you send documents directly from Microsoft Word

There are also annotation improvements and a two-column layout.

The Kindle Scribe will soon be able to send documents directly from Microsoft Word to the e-reader with just a few clicks. This means you can read documents on the go or physically annotate them using the touchscreen and a Scribe pen. There’s also a new multi-column layout for reading two pages at once.

Continue reading.

Like it or not, a Call of Duty board game is coming in 2024

Pre-orders will open on Kickstarter this fall.

Activision has teamed up with board game publisher Arcane Wonders, along with Genuine Entertainment and Evolution to make the game. Call of Duty: The Board Game is said to be a fast-paced blend of combat, strategy and tactical planning. However, what that means in the context of a board game is unclear. Also, does multibillion-dollar publisher Activision really need to be selling its wares on Kickstarter?

Continue reading.

Yelp has announced a bunch of updates across its site and apps, including a light lean into the AI trend. New features include providing a consumer guarantee, expanded review options and password-free logins. 

Yelp is utilizing AI and natural language models to further improve its search features. When you search for a specific place, like a tennis court, Yelp will suggest options and add a review with helpful information about going there — such as being able to book in advance. Further updates include showing you relevant businesses across the country and clickable tags like "Breakfast and Brunch."

If you're unsure what you're craving, their new "Surprise Me" button will suggest a well-rated restaurant in your area. It's available right on your search page and you can keep clicking it until something gets your taste buds excited.

Yelp Guaranteed is a new protection available for people looking to hire anyone from a plumber to a contractor. Customers who use Yelp's Request A Quote service can find businesses that are "Backed by Yelp Guaranteed" — it will display it right on their information page. If anything goes wrong after you hire one of them, Yelp says it will reimburse you up to to $2,500.

Currently, it's only available in select major cities like San Francisco, Chicago and Seattle, with just iOS users able to filter for it. According to Yelp, it should roll out nationwide and extend to Android and web users this summer. 

Yelp

Yelp is encouraging users to cover food, service and ambiance in their reviews, with each topic appearing at the top of the page. If you mention anything in one of the categories, it will light up green and have a checkmark next to it. You can also now add videos up to 12 seconds along with your review. 

The final set of Yelp's updates focus on the site's look and logistics. Just like with reviews, Yelp Connect — the paid option for business owners to share updates — now offers a video option. Yelp's home and navigation pages have also been refreshed to include easier access to restaurants' menus and ratings. 

This should all be a little quicker to access with Yelp finally offering automatic logins. You'll be sent a secure email the next time you sign in and, from then on, you don't have to worry about remembering your password. A lot of these are small changes but, overall, could make Yelp a bit more comprehensive moving forward. 

The UK's Competition and Markets Authority (CMA) has introduced a new bill that would give it the power slap the biggest tech companies with a fine worth billions if they don't comply with its rules. It's a multi-faceted bill that's aimed at protecting consumers and encouraging competition, and it will allow the CMA to directly enforce the law instead of having to go through the court. 

If the bill passes, the agency's Digital Markets Unit (DMU) will be able to enforce a set of rules on how companies it deems to have "strategic market status" in key digital services have to operate. The CMA didn't name any specific company in its announcement, but the DMU will most likely identify Google, Apple and Amazon as organizations with strategic market status. 

The DMU could require them to be more transparent on how their app store review systems work or to open up their data to rivals — in Google's case, it could be a rival search engine. If these companies fail to abide by the new rules, the DMU could fine them up to 10 percent of their global turnover. Apple, for example, earned around $283 billion in revenue for 2022, so that could translate to a massive fine worth $28.3 billion. 

In addition to giving CMA the ability to set rules for tech giants, the new bill will also address the problem with "subscription traps," which is costing UK consumers £1.6 billion (US$2 billion) a year. Its new rules will require businesses, not just the biggest tech companies, to provide customers with clearer information before they start a subscription. Companies will also be required to send customers notifications if their free or low-cost trial is coming to an end and before their subscription auto-renews. Plus, companies will have to provide customers an easy way to unsubscribe. In the US, the Federal Trade Commission proposed a similar rule back in March that would make it as easy to cancel subscriptions as it is to sign up. The proposal is also still waiting for approval before it can be implemented. 

Another concern the bill will address is fake reviews. The new rules are expected to prohibit companies from commissioning the composition and submission of fake reviews and from posting reviews without taking steps to ensure that they're genuine. Further, the rules would make it illegal to offer or to advertise submitting, commissioning and facilitating fake reviews.

Sarah Cardell, Chief Executive of the CMA, said in a statement:

"The new powers in this bill help the CMA take swift, decisive action to tackle rip offs, protecting consumers whether they are shopping online or on the high street. The new fining powers will provide an important deterrent to businesses seeking to take advantage of people while also ensuring fair dealing businesses can thrive. 

The bill will also strengthen the Digital Markets Unit, helping to ensure digital markets remain competitive and continue to benefit people, business, and the UK economy. We welcome its introduction to parliament and look forward to it progressing."

Opera has released the early access version of its completely redesigned browser that it plans to launch for all platforms later this year. It's called Opera One, and it was designed to have a cleaner look with plenty of open space for future generative AI features and extensions in its sidebar and address bar. Opera says it has implemented a new multithreaded compositor and its new modular design principles for the browser to enable a fresh batch of features that include what it calls "tab islands."

The browser has the capability to automatically and intuitively group websites people open based on their content. It will open all pages with menus and restaurant details in one island, for instance, and all tabs with Google Docs in another. The idea is to reduce confusion and make it easier to jump between tasks, whether for work or for something personal. Opera apparently conducted research and found that users get overwhelmed by the number of tabs they have and wish their browsers could do more for them. This is Opera's answer to that problem. 

While the browser was designed with the capability to create tab islands on its own, users can manually group pages together, as well. They can drag and drop tabs between islands or create a new one by pressing the CTRL or Command button and clicking on the websites they want to group before right clicking on the "create a tab island" option. Opera considers tab islands as the first manifestation if its modular design strategy with their clearly distinguishable island borders and color markets, so we could probably expect more similarly designed features. 

In addition to tab islands, Opera One comes with ChatGPT, ChatSonic and AI Prompts enabled by default. If you'll recall, the company introduced sidebar integration for the AI chatbots back in March, allowing users to quickly launch them in a separate window within the browser. Meanwhile, the AI Prompts feature suggests different ways people can use the chatbots to transform the text on page, such turning a chunk of text into a soap opera dialogue or extracting information from it to create quiz questions. 

Opera One is now available for download from the company's website. 

When a highly anticipated set of Magic: The Gathering cards leaked on YouTube last week, it’s hard to imagine anyone would have guessed the incident would end with the involvement of one of the most infamous private security firms in the world. But that’s exactly what happened after YouTuber Oldschoolmtg uploaded an unboxing video featuring a collection of March of the Machine: The Aftermath booster packs.

If you’re not familiar, Aftermath is an upcoming 50-card Magic: The Gathering set Wizards of the Coast will release on May 12th. It’s billed as a supplement to the game’s current March of the Machine expansion, which has been available since April 21st. Predictably, Oldschoolmtg’s unboxing video was all anyone in the Magic: The Gathering community could talk about in recent days. Based on Wizards of the Coast’s reaction, it’s safe to say the video also irked the Hasbro-owned publisher.

Over the weekend, Oldchoolmtg uploaded another video, this time titled “The Aftermath of The Aftermath… Everything is Gone!” In the clip, the YouTuber says Pinkerton agents showed up at his home on Saturday morning and began demanding he hand over the “stolen” product. “I got up and recorded some videos,” Oldschoolmtg states. “Right after I got done with the video, dogs started barking because somebody is at the door. I come out and the wife’s answering the door and it was the Pinkertons.”

If you live in the US, the Pinkertons need no introduction. The company is one of the country’s oldest private security firms, with its original incarnation, the Pinkerton Detective Agency, dating back to 1850. During the late 19th and early 20th centuries, the Pinkertons made a name for themselves with their anti-union operations, a job they continue to do in the 21st century.

Oldschoolmtg speculates the person he bought the unreleased cards from likely didn’t know they sent him an unreleased set. “Somebody screwed up and sent out the wrong cases to the gentlemen that I bought the boxes off of, because when he sold me the stuff he said he was selling me March of the Machine collector’s boxes — not Aftermath.”

After recovering the leaked Magic: The Gathering set, including the empty boxes and wrappers, the Pinkertons put Oldschoolmtg in touch with a Wizards of the Coast representative, who was “very apologetic about making my wife cry first thing in the morning by sending these heavy-duty lawmen.”

A Wizards of the Coast spokesperson confirmed to Polygon and Kotaku that the company sent the private security firm to Oldschoolmtg as “part of their investigation” into the leak. The YouTuber says the contact they spoke to at Wizards of the Coast offered to send them free products as compensation for what had happened. For what it’s worth, his YouTube viewership has also doubled since the original video went up.

Critter & Guitari has made a name for itself by releasing quirky and highly musical gadgets, like this video-based synthesizer, and now the company is back with a multitrack recorder that prioritizes simplicity and ease of use. The 5 Moons also continues the company’s pristine record of making visually distinct devices, due to its attractive wood enclosure made entirely out of pine. 

Underneath the hood you’ll find a powerful 48KHz 16-bit sampler and enough storage for around 20 hours of samples and compositions, via an 8GB microSD card. As the name suggests, this is a five track device, but don’t let that dissuade you from making complex compositions with dozens of instruments, as you can easily bounce everything down over and over again.

This musical block of wood does not include a screen of any kind, so everything is handled via the sliders and accompanying buttons, but the interface seems easy to use, with dedicated buttons for most tasks like bouncing, looping and perusing sounds. The company says the 5 Moons is great for making simple enclosed loops and for composing long-form pieces. Looping is no great mystery, but creating longer works does require a certain level of expertise regarding various button and slider combinations.

To that end, you can easily send projects to the DAW of your choice via a USB-C connection for finishing touches, and this connection also powers the device. Transfers go both ways, as you can send projects from your computer to the 5 Moons for additional processing, looping and creative tomfoolery. Critter & Guitari says this feature is a great way to start a unique new track or to “re-envision and remix” prior tracks.

You can run external instruments directly into 5 Moons, like the company’s own Organelle S, thanks to a ⅛-inch monophonic input. The rear also includes a ⅛-inch monophonic output if you want to send the signal out for external processing or to speakers when playing live. Playing live with this thing should be a blast, as it weighs only five ounces, though it does not feature a built-in battery.

Critter & Guitari’s 5 Moons multitrack recorder is available now for $325.

An appeals court has issued a ruling in the long-running antitrust tussle between Apple and Epic Games. As Bloomberg reports, the US Ninth Circuit Court of Appeals upheld a lower court ruling, which rejected most of Epic's claims that Apple violated federal competition law by prohibiting alternative app stores on its devices. The three-judge panel also upheld a part of the original ruling that was in Epic's favor.

“There is a lively and important debate about the role played in our economy and democracy by online transaction platforms with market power,” the panel wrote in the decision. “Our job as a federal court of appeals, however, is not to resolve that debate — nor could we even attempt to do so. Instead, in this decision, we faithfully applied existing precedent to the facts.”

The ruling maintains the status quo, unless further appeals move the case to a higher court. One added wrinkle is the fact that Epic may now be on the hook for Apple's legal fees, as Axios' Stephen Totillo pointed out.

“Today’s decision reaffirms Apple’s resounding victory in this case, with nine of ten claims having been decided in Apple’s favor. For the second time in two years, a federal court has ruled that Apple abides by antitrust laws at the state and federal levels," Apple told Engadget in a statement. "The App Store continues to promote competition, drive innovation, and expand opportunity, and we’re proud of its profound contributions to both users and developers around the world. We respectfully disagree with the court’s ruling on the one remaining claim under state law and are considering further review.”

In the original 2021 ruling, US District Judge Yvonne Gonzalez Rogers determined that although Apple prevented users from being able to pay less for apps or in-app purchases, it wasn't running the App Store like a monopoly. Still, Rogers told Apple to let developers direct users to alternative payment systems, which would have enabled them to bypass the 15 to 30 percent cut Apple typically takes from in-app purchases.

Apple won a last-gasp delay on the implementation of those changes. However, in 2022, it started allowing the makers of certain apps to redirect users to their own websites for payments and to fully manage their accounts.

Engadget has contacted Epic for comment. The company has made similar antitrust claims in a lawsuit against Google and that case is set to go to trial in November. 

Epic kickstarted its battles against Apple and Google when it offered Fortnite mobile players a cheaper way to pay for in-game currency that bypassed the iOS and Android payment systems. Apple and Google removed Fortnite from their app stores, and Epic responded withlawsuits against both companies.

Regardless of the ultimate outcome in both cases, Apple and Google may support third-party app stores on iOS and Android anyway. Regulators in other markets have scrutinized both companies' app store practices. As a result of new European Union laws in particular, Apple is reportedly preparing to allow third-party marketplaces on the iPhone as soon as next year. If and when it does, Epic's own mobile app store is ready to go, according to CEO Tim Sweeney. Microsoft is preparing its own mobile app store too.

Your Google Authenticator one-time codes are no longer trapped if you lose the device that stores them. An update to Authenticator for Android and iOS now stores backups of codes in your Google account. You won't have to reauthorize all your linked apps (or scan a QR code) just because you got a new phone.

Once you have the latest version of the app, you only have to follow prompts to sign into Google and enable syncing. Of course, you'll also want to be sure your Google account is secure to prevent intruders from misusing Authenticator.

Google is still pushing for password-free logins that use technology like passkeys. However, it also acknowledges that people still rely on one-time codes. The Authenticator update promises to reduce some of the headaches of using those codes until you're ready and able to move to another system. This might also encourage the use of two-factor authentication if you were previously afraid of what would happen if your phone was lost or stolen.

This isn't a novel concept. Apps like Microsoft Authenticator also have cloud backups. However, it's no secret that Google's tool is popular. Cloud syncing should make a tangible difference, particularly when many apps can use Authenticator as an alternative to the conventional password.

Workers at Sega of America have announced plans to form a union. A supermajority of workers based out of the company's headquarters in Irvine CA say they are forming a union with the Communication Workers of America — calling themselves the Allied Employees Guild Improving Sega, or AEGIS-CWA. 

“Working for Sega is a passion for many of us and it’s been so exciting to see that through organizing, we can make this work a sustainable long-term career," Sega QA lead and AEGIS member Mohammad Saman said in a statement. "By creating our union, AEGIS-CWA, we’ll have a say in the decisions that shape our working conditions and ensure the job security and working conditions we deserve. We’re excited to protect what already makes Sega great, and help build an even stronger company, together." 

The fledgling union hopes that Sega will recognize the AEGIS-CWA voluntarily, but have also filed for a union representation election with the National Labor Relations Board. If the unionization goes forward, the group hopes to push for a higher base pay, improved benefits and measures that will help prevent "patterns of overwork" through better staffing. 

Although the proposed union isn't the largest in the industry by numbers, it's among the most board, covering 144 workers across Sega of America's localization, marketing, product development games as a service and quality assurance teams. Although it's the latest group of game workers to announce the formation of a union, it's also far from the first. In 2021, Vodeo Games became the first studio in North America to form a union before unfortunately shutting down the following year. Since then, multiple groups with Activision Blizzard voted to unionize. Microsoft is the home to the largest union in the video game industry today, with ZeniMax Workers United CWA representing about 300 employees. 

Microsoft has agreed to stop bundling its Teams remote collaboration software with its Office productivity suite, according toFinancial Times. The company’s move attempts to head off an official EU antitrust investigation as it deals with its most significant regulatory concerns in over a decade.

FT’s sources say companies will eventually be able to buy Office with or without Teams installed, “but the mechanism on how to do this remains unclear.” Talks with EU regulators are reportedly ongoing, and “a deal is not certain.” Microsoft told FT, “We are mindful of our responsibilities in the EU as a major technology company. We continue to engage cooperatively with the commission in its investigation and are open to pragmatic solutions that address its concerns and serve customers well.”

Competing remote-work platform Slack, now owned by Salesforce, complained to EU regulators in 2020, asking officials to make Microsoft sell Teams separately from its ubiquitous Office suite. Slack’s general counsel said at the time, “We’re asking the EU to be a neutral referee, examine the facts and enforce the law.”

Microsoft is facing its first regulatory issues in a decade. The company agreed to a settlement with the European Commission in 2009, agreeing to offer European customers a choice of web browsers; it was then fined €561 million in 2013 for failing to adhere to that consistently. Of course, its most famous antitrust shakeup came around the turn of the millennium when it was initially forced to break up into two companies, a ruling later overturned by an appeals court. Microsoft and the DOJ settled in 2001, agreeing to restrictions like sharing APIs with third-party developers and letting PC manufacturers install non-Microsoft software on their products.

In recent months, the company has been scrambling to receive regulatory approval for its planned $69 billion purchase of game publisher Activision Blizzard. The company is reportedly expected to receive a green light from the EU and UK, and it has until July to appease the US Federal Trade Commission. Microsoft offered 10-year legal agreements to provide Call of Duty on Nintendo consoles and cloud-streaming platform Boosteroid to help ease those concerns. Sony reportedly declined a similar offer.