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>you would need to come up with a legal differentiation between a smartphone and a game console Not really, they can just leave it up to the court's interpreta
by ThatPlayer 3y ago
>you would need to come up with a legal differentiation between a smartphone and a game console
Not really, they can just leave it up to the court's interpretation. "I know it when I see it" has been used in a court before. Just define it as a smartphone: No one is going to call a gaming console a smartphone, nor vice versa.
And applying a ruling to a specific industry isn't new either: see that Hollywood anti-trust case again. It was never applied to TV shows. Otherwise Netflix Exclusives wouldn't be a thing. Or any other "Only on Disney Channel/Cartoon Network/etc" show.
- MBCook 3y agoWouldn’t work. Epic was expected to turn around after this suit and use it against the console makers if they won. They want to have their app/game store everywhere, not just PC and smartphone. Also, hasn’t “I know it when I see it” been criticized as a poor test since it was stated based on how arbitrary it is?
- dragonwriter 3y ago> “I know it when I see it” has been used in a court before. It’s been used in a court, but not too much effect; the popular source of that is a discussion of “hardcore pornography” in a concurrence to a Supreme Court decision in an obscenity case which was notable for having a majority on the ruling in the case, but no consensus by any more than two justices on either a rationale for the ruling, or (among the dissenters) on the reasons for rejecting the ruling.