“The internet is answering a question that it’s been wrestling with for decades, which is: How is the internet going to pay for itself?” he said.
The fallout may hurt brands that relied on targeted ads to get people to buy their goods. It may also initially hurt tech giants like Facebook — but not for long. Instead, businesses that can no longer track people but still need to advertise are likely to spend more with the largest tech platforms, which still have the most data on consumers.
David Cohen, chief executive of the Interactive Advertising Bureau, a trade group, said the changes would continue to “drive money and attention to Google, Facebook, Twitter.”
The shifts are complicated by Google’s and Apple’s opposing views on how much ad tracking should be dialed back. Apple wants its customers, who pay a premium for its iPhones, to have the right to block tracking entirely. But Google executives have suggested that Apple has turned privacy into a privilege for those who can afford its products.
For many people, that means the internet may start looking different depending on the products they use. On Apple gadgets, ads may be only somewhat relevant to a person’s interests, compared with highly targeted promotions inside Google’s web. Website creators may eventually choose sides, so some sites that work well in Google’s browser might not even load in Apple’s browser, said Brendan Eich, a founder of Brave, the private web browser.
“It will be a tale of two internets,” he said.
Businesses that do not keep up with the changes risk getting run over. Increasingly, media publishers and even apps that show the weather are charging subscription fees, in the same way that Netflix levies a monthly fee for video streaming. Some e-commerce sites are considering raising product prices to keep their revenues up.
Consider Seven Sisters Scones, a mail-order pastry shop in Johns Creek, Ga., which relies on Facebook ads to promote its items. Nate Martin, who leads the bakery’s digital marketing, said that after Apple blocked some ad tracking, its digital marketing campaigns on Facebook became less effective. Because Facebook could no longer get as much data on which customers like baked goods, it was harder for the store to find interested buyers online.
The consortium did not disclose how it had obtained the list, and it was unclear whether the list was aspirational or whether the people had actually been targeted with NSO spyware.
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Among those listed were Azam Ahmed, who had been the Mexico City bureau chief for The Times and who has reported widely on corruption, violence and surveillance in Latin America, including on NSO itself; and Ben Hubbard, The Times’s bureau chief in Beirut, Lebanon, who has investigated rights abuses and corruption in Saudi Arabia and wrote a recent biography of the Saudi crown prince, Mohammed bin Salman.
It also included 14 heads of state, including President Emmanuel Macron of France, President Cyril Ramaphosa of South Africa, Prime Minister Mostafa Madbouly of Egypt, Prime Minister Imran Khan of Pakistan, Saad-Eddine El Othmani, who until recently was the prime minister of Morocco, and Charles Michel, the head of the European Council.
Shalev Hulio, a co-founder of NSO Group, vehemently denied the list’s accuracy, telling The Times, “This is like opening up the white pages, choosing 50,000 numbers and drawing some conclusion from it.”
This year marks a record for the discovery of so-called zero days, secret software flaws like the one that NSO used to install its spyware. This year, Chinese hackers were caught using zero days in Microsoft Exchange to steal emails and plant ransomware. In July, ransomware criminals used a zero day in software sold by the tech company Kaseya to bring down the networks of some 1,000 companies.
For years, the spyware industry has been a black box. Sales of spyware are locked up in nondisclosure agreements and are frequently rolled into classified programs, with limited, if any, oversight.
NSO’s clients previously infected their targets using text messages that cajoled victims into clicking on links. Those links made it possible for journalists and researchers at organizations like Citizen Lab to investigate the possible presence of spyware. But NSO’s new zero-click method makes the discovery of spyware by journalists and cybersecurity researchers much harder.
Apple is widely expected to ask a judge to keep the order from going into effect. Either company could also appeal to the U.S. Court of Appeals for the Ninth Circuit. In that court, a three-judge panel could review the decision, a process that could take a year or more. After a ruling there, Apple or Epic could appeal to the Supreme Court.
The ruling allows both sides to claim a partial victory. Apple now has a court ruling that says it does not run a monopoly in an important digital marketplace, which undercuts its opponents’ efforts to claim that it violates antitrust laws. But Epic’s lawsuit could also force Apple to crack open its airtight iPhone software to create an avenue for developers to avoid its commission.
Apple’s shares fell nearly 3 percent on the Nasdaq exchange after the ruling was announced.
“Today the court has affirmed what we’ve known all along: The App Store is not in violation of antitrust law,” Apple said in a statement. “As the court recognized, ‘Success is not illegal.’ Apple faces rigorous competition in every segment in which we do business, and we believe customers and developers choose us because our products and services are the best in the world.”
The ruling did uphold many of the principles of Apple’s App Store business, including that it can prohibit third-party iPhone app marketplaces and can continue to charge a 30 percent commission on many transactions. Epic had challenged those practices.
“It puts an economic question mark around the App Store, but at the same time, it affirms the principles” of the business, said Adam Kovacevich, a former Google lobbyist who now runs a tech-policy group that is in part sponsored by Apple.
Tim Sweeney, Epic’s chief executive, said on Twitter that he was not satisfied with the ruling because it did not go far enough in allowing companies to complete in-app transactions with their own payment systems, versus having to direct customers to outside websites. He said Fortnite would not return to the App Store until such rules were in place.
“Today’s ruling isn’t a win for developers or for consumers,” he said. “We will fight on.”
Mr. Rubin, the antitrust lawyer, said that Apple would feel relieved to dodge being labeled a monopoly, but that the judge’s verdict would most likely do little to strengthen its standing in other investigations because antitrust lawsuits can vary. He said Apple might also have to consider lowering its commission now that it will be easier for developers to send customers elsewhere to make purchases.
Sarah Cavey, a real estate agent in Denver, was thrilled last fall when Colorado introduced an app to warn people of possible coronavirus exposures.
Based on software from Apple and Google, the state’s smartphone app uses Bluetooth signals to detect users who come into close contact. If a user later tests positive, the person can anonymously notify other app users whom the person may have crossed paths with in restaurants, on trains or elsewhere.
Ms. Cavey immediately downloaded the app. But after testing positive for the virus in February, she was unable to get the special verification code she needed from the state to warn others, she said, even after calling Colorado’s health department three times.
“They advertise this app to make people feel good,” Ms. Cavey said, adding that she had since deleted the app, called CO Exposure Notifications, in frustration. “But it’s not really doing anything.”
announced last year that they were working together to create a smartphone-based system to help stem the virus, their collaboration seemed like a game changer. Human contact tracers were struggling to keep up with spiking virus caseloads, and the trillion-dollar rival companies — whose systems run 99 percent of the world’s smartphones — had the potential to quickly and automatically alert far more people.
Soon Austria, Switzerland and other nations introduced virus apps based on the Apple-Google software, as did some two dozen American states, including Alabama and Virginia. To date, the apps have been downloaded more than 90 million times, according to an analysis by Sensor Tower, an app research firm.
But some researchers say the companies’ product and policy choices limited the system’s usefulness, raising questions about the power of Big Tech to set global standards for public health tools.
Stephen Farrell and Doug Leith, computer science researchers at Trinity College in Dublin, wrote in a report in April on Ireland’s virus alert app.
CA Notify in December, about 65,000 people have used the system to alert other app users, the state said.
“Exposure notification technology has shown success,” said Dr. Christopher Longhurst, the chief information officer of UC San Diego Health, which manages California’s app. “Whether it’s hundreds of lives saved or dozens or a handful, if we save lives, that’s a big deal.”
In a joint statement, Apple and Google said: “We’re proud to collaborate with public health authorities and provide a resource — which many millions of people around the world have enabled — that has helped protect public health.”
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Based in part on ideas developed by Singapore and by academics, Apple and Google’s system incorporated privacy protections that gave health agencies an alternative to more invasive apps. Unlike virus-tracing apps that continuously track users’ whereabouts, the Apple and Google software relies on Bluetooth signals, which can estimate the distance between smartphones without needing to know people’s locations. And it uses rotating ID codes — not real names — to log app users who come into close contact for 15 minutes or more.
said last year in a video promoting the country’s alert system, called Corona-Warn-App.
But the apps never received the large-scale efficacy testing typically done before governments introduce public health interventions like vaccines. And the software’s privacy features — which prevent government agencies from identifying app users — have made it difficult for researchers to determine whether the notifications helped hinder virus transmission, said Michael T. Osterholm, the director of the Center for Infectious Disease Research and Policy at the University of Minnesota.
“The apps played virtually no role at all in our being able to investigate outbreaks that occurred here,” Dr. Osterholm said.
Some limitations emerged even before the apps were released. For one thing, some researchers note, exposure notification software inherently excludes certain vulnerable populations, such as elderly people who cannot afford smartphones. For another thing, they say, the apps may send out false alarms because the system is not set up to incorporate mitigation factors like whether users are vaccinated, wearing masks or sitting outside.
Proximity detection in virus alert apps can also be inconsistent. Last year, a study on Google’s system for Android phones conducted on a light-rail tram in Dublin reported that the metal walls, flooring and ceilings distorted Bluetooth signal strength to such a degree that the chance of accurate proximity detection would be “similar to that of triggering notifications by randomly selecting” passengers.
Kimbley Craig, the mayor of Salinas, Calif. Last December, when virus rates there were spiking, she said, she downloaded the state’s exposure notification app on her Android phone and soon after tested positive for Covid-19. But after she entered the verification code, she said, the system failed to send an alert to her partner, whom she lives with and who had also downloaded the app.
“If it doesn’t pick up a person in the same household, I don’t know what to tell you,” Mayor Craig said.
In a statement, Steph Hannon, Google’s senior director of product management for exposure notifications, said that there were “known challenges with using Bluetooth technology to approximate the precise distance between devices” and that the company was continuously working to improve accuracy.
The companies’ policies have also influenced usage trends. In certain U.S. states, for instance, iPhone users can activate the exposure notifications with one click — by simply turning on a feature on their settings — but Android users must download a separate app. As a result, about 9.6 million iPhone users in California had turned on the notifications as of May 10, the state said, far outstripping the 900,000 app downloads on Android phones.
Google said it had built its system for states to work on the widest range of devices and be deployed as quickly as possible.
Some public health experts acknowledged that the exposure alert system was an experiment in which they, and the tech giants, were learning and incorporating improvements as they went along.
One issue they discovered early on: To hinder false alarms, states verify positive test results before a person can send out exposure notifications. But local labs can sometimes take days to send test results to health agencies, limiting the ability of app users to quickly alert others.
In Alabama, for instance, the state’s GuideSafe virus alert app has been downloaded about 250,000 times, according to Sensor Tower. But state health officials said they had been able to confirm the positive test results of only 1,300 app users. That is a much lower number than health officials would have expected, they said, given that more than 10 percent of Alabamians have tested positivefor the coronavirus.
“The app would be a lot more efficient if those processes were less manual and more automated,” said Dr. Scott Harris, who oversees the Alabama Department of Public Health.
Colorado, which automatically issues the verification codes to people who test positive, has reported higher usage rates. And in California, UC San Diego Health has set up a dedicated help line that app users can call if they did not receive their verification codes.
Dr. Longhurst, the medical center’s chief information officer, said the California app had proved useful as part of a larger statewide public health push that also involved mask-wearing and virus testing.
“It’s not a panacea,” he said. But “it can be an effective part of a pandemic response.”
Last month, Apple released an update to its operating system, iOS 14.5, which gives users more control of their personal data. But if you’re looking to gain more control over the iPhone itself, you also have options. Want to put your favorite apps within easy reach, tag friends in Messages or set your preferred browser to open links? You can do all that and more.
Here are a few quick tips for enhancing the iPhone experience. Next week’s Tech Tip column will round up a few helpful hints for the Android faithful.
1. Customize Your Control Center
The Control Center — that handy panel of often-used settings summoned with a finger swipe — first appeared back in 2013 and got more useful when Apple began to let users add their preferred buttons a few years later. If you haven’t tinkered with your Control Center to add the features and functions you use the most, just open the Settings icon on the home screen, scroll down to Control Center and give it a tap.
From the list on the next screen, choose the icons for the apps and settings you want to live in your Control Center. While tools like the Flashlight are typically there by default, you can remove those you never use and add icons for apps you want, like the Magnifier, the QR Code scanner or even the Shazam music recognition feature. To rearrange the order of the icons on the screen, drag them up and down the list before you close the Settings app.
Back Tap feature to have your iPhone perform a specific action when you give it quick taps on the back.
To set it up, open the Settings, select Accessibility and then Touch, and scroll down to Back Tap. Once you select Back Tap, select either Double or Triple Tap and choose an action on the next screen, like opening the Spotlight search app or the Control Center or running a Shortcut you’ve set up with Apple’s Shortcuts app. You can assign two separate tasks to the Double Tap and Triple Tap functions — and Back Tap should work even if your iPhone is in a case.
3. Choose Your Mail and Browser Apps
Tired of the iPhone always opening the Safari browser instead of your favored DuckDuckGo when you tap a link, or firing up Apple’s Mail program instead of the Gmail app when you select an email address from your Contacts list? If your iPhone is running iOS 14 or later, you can choose the apps you want as your default programs.
Messages chat or get someone’s attention in a group conversation, just as you can on some social media platforms? You can do both.
To reply to a certain message in either a one-on-one or group chat where everyone is using the Messages app, press your finger on that message until a menu appears. Select Reply, enter your response and tap the blue Send arrow. To tag someone in a conversation so he or she gets a notification, put the @ symbol in front of the name or just type the name and select it when it pops up onscreen from your Contacts.
5. Get the Siri You Want
Apple’s Siri voice assistant, celebrating a decade on the iPhone this October, has been losing ground in knowledge and usefulness to Amazon’s Alexa and the Google Assistant in recent years. To boost Siri’s powers, Apple added more skills in iOS 14. And with iOS 14.5, it now includes a more diverse set of voices.
To change how and when Siri sounds, open the Settings icon on the home screen, select Siri & Search and make your selections. You can also opt to display your conversations on the screen by tapping Siri Responses and turning on “Always Show Siri Captions” and “Always Show Speech” to make sure you see the last word, too.
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Hoo boy, this is a moment. A government authority in the United States has sued Amazon over claims that the company is breaking the law by unfairly crushing competition.
The lawsuit, filed on Tuesday by the attorney general for the District of Columbia, joins the recent government antitrust cases against Google and Facebook. These lawsuits will take forever, and legal experts have said that the companies likely have the upper hand in court.
The D.C. attorney general, Karl Racine, however, is making a legal argument against Amazon that is both old-school and novel, and it might become a blueprint for crimping Big Tech power.
It’s a longstanding claim by some of the independent merchants who sell on Amazon’s digital mall that the company punishes them if they list their products for less on their own websites or other shopping sites like Walmart.com. Those sellers are effectively saying that Amazon dictates what happens on shopping sites all over the internet, and in doing so makes products more expensive for all of us.
told me that he believed that those price claims were the strongest potential antitrust case against Amazon on legal grounds. (He has since been picked to advise the White House on corporate competition issues.)
I don’t know if any of these lawsuits against Big Tech will succeed at chipping away at the companies’ tremendous influence. And I can’t definitively say whether we’re better or worse off by having a handful of powerful technology companies that make products used and often loved by billions of people.
the price of power is scrutiny.
How to fight back against bogus online information: The comedian Sarah Silverman and three of my colleagues are hosting a virtual event Wednesday about disinformation and how to combat it. Sign up here for the online event at 7 p.m. Eastern. It’s open only to New York Times subscribers.
fine social media companies for permanently barring political candidates’ accounts. The measure is most likely unconstitutional and unenforceable, Democrats, libertarian groups and tech companies told my colleague David McCabe, but it’s a response to Facebook’s and Twitter’s suspension of former President Donald Trump.
Posting is life. My colleague Taylor Lorenz explains how social media invitations to a teenager’s birthday party spread on TikTok and drew thousands of people and a police crackdown. The event got big partly because it was an opportunity for attendees to post compelling material online. SIGH.
POTUS loves Apple News? I don’t like it when computers and smartphones come with the device makers’ apps already installed, but it’s effective — even with the president of the United States. The Washington Post reported that during the 2020 campaign Joe Biden shared with aides human interest stories from Apple News, which came on his iPhone and he apparently hadn’t deleted.
Hugs to this
The Linda Lindas are glorious. Here is the talented punk band of four girls between the ages of 10 and 16 — Bela, Eloise, Mila and Lucia — playing “Racist, Sexist Boy” at a Los Angeles public library. The Guardian interviewed them about their sudden internet fame.
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Tim Cook took the stand for the first time as Apple’s chief executive. The billionaire creator of one of the world’s most popular video games walked a federal judge through a tour of the so-called metaverse. And lawyers in masks debated whether an anthropomorphic banana without pants was appropriate to show in federal court.
For the past three weeks, Apple has defended itself in a federal courtroom in Oakland, Calif., against claims that it abused its power over the iPhone App Store, in one of the biggest antitrust trials in Silicon Valley’s history. Epic Games, the maker of the popular game Fortnite, sued Apple last year seeking to allow apps to avoid the 30 percent commission that the iPhone maker takes on many app sales.
On Monday, the trial — which covered esoteric definitions of markets as well as oddball video game characters — concluded with Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California pressing the companies on what should change in Apple’s business, if anything. The decision over the case, as well as the future of the $100 billion market for iPhone apps, now rests in her hands. Judge Gonzalez Rogers has said she hopes to issue a verdict by mid-August.
Yet even in an era of antitrust scrutiny of the world’s biggest tech companies, the trial showed how difficult it was to take on a $2.1 trillion corporate titan like Apple.
more than $1 billion in sales — from the App Store. Epic also spent millions of dollars on lawyers, economists and expert witnesses. Yet it still began the trial at a disadvantage because antitrust laws tend to favor defendants, according to legal experts who tracked the case.
While Judge Gonzalez Rogers signaled openness to Epic’s arguments during the trial, a ruling in favor of the video game maker might not lead to momentous changes in the market for mobile apps. Any verdict is also likely to be tied up in appeals for years, at which point rapid change in the technology industry could leave its effects obsolete.
“To mount a credible antitrust campaign, you need to have a significant war chest,” said David Kesselman, an antitrust lawyer in Los Angeles who has followed the case. “And the problem for many smaller companies and smaller businesses is that they don’t have the wherewithal to mount that type of a fight.”
The case focused on how Apple wields control over the iPhone App Store to charge its commission on app sales. Companies big and small have argued that the fee shows Apple is abusing its dominance, while Apple has responded that its cut of sales helps fund efforts to keep iPhones safe. Regulators and lawmakers have homed in on the issue, making it the center of antitrust complaints against the company.
Tim Sweeney, Epic’s chief executive and a longtime antagonist to big tech companies, has said he is “fighting for open platforms and policy changes equally benefiting all developers.”
30 percent number has been there since the inception. And if there was real competition, that number would move. And it hasn’t,” she said of Apple’s commission on app sales. She also said that it was anticompetitive for Apple to ban companies from telling customers that they could buy items outside of iPhone apps.
At other times on Monday, she appeared reluctant to force Apple to change its business. “Courts do not run businesses,” she said.
Judge Gonzalez Rogers also suggested that Epic’s requested outcome in the case would require a significant change in Apple’s business and questioned whether there was legal precedent for that. “Give me some example that survived appellate review where the court has engaged in such a way to limit or fundamentally change the economic model of a monopolistic company?” she asked Epic’s lawyers.
ripe for a legislative fix. Apple also faces two other federal lawsuits over its app fees — one from consumers and one from developers — which are both seeking class-action status. Judge Gonzalez Rogers is also set to hear those cases.
Similarly, a victory for Apple could deflate those challenges. Regulators might be wary to pursue a case against Apple that has already been rejected by a federal judge.
Judge Gonzalez Rogers may also deliver a ruling that makes neither company happy. While Epic wants to be able to host its own app store on iPhones, and Apple wants to continue to operate as it has for years, she might order smaller changes.
Former President Barack Obama nominated Judge Gonzalez Rogers, 56, to the federal court in 2011. Given her base in Oakland, her cases have often related to the technology industry, and she has overseen at least two past cases involving Apple. In both cases, Apple won.
She concluded Monday’s trial by thanking the lawyers and court staff, who mostly used masks and face shields during the proceedings. Months ago in the throes of the coronavirus pandemic, it was unclear if the trial could be held in person, but Judge Gonzalez Rogers decided that it was an important enough case and ordered special rules to minimize the health risks, including limits on the number of people in court.
Epic opted to include its chief executive over an extra lawyer, and Mr. Sweeney spent the trial inside the courtroom, watching from his lawyers’ table. Mr. Sweeney, who is typically prolific on Twitter, didn’t comment publicly over the last three weeks. On Monday, he broke his silence by thanking the Popeyes fried-chicken restaurant next to the courthouse.
This article is part of Owning the Future, a series on how small businesses across the country have been effected by the pandemic.
The Covid pandemic hit California hard. It has seen well over 3.5 million cases and over 60,000 deaths. Scores of businesses have closed. But for Ana Jimenez the owner of Tacos El Jerry, a small fleet of food trucks in Santa Cruz County, it provided an opportunity to bring her business into the 21st century.
Ms. Jimenez’s four trucks began taking orders through an app and a website, delivering directly to customers, and cultivating a customer base through a new social media presence. All of that added up to a significant increase in sales.
Facebook and Instagram pages for the food trucks, a social media advertising campaign and began accepting credit card purchases. “Each truck is now serving around 300 people per day, which translates to roughly $5,000 in sales daily,” Ms. Jimenez said.
Food trucks — kitchens on wheels, essentially — are flexible by design and quickly became a substitute during the pandemic for customers who couldn’t dine indoors and coveted something different than their mainstream carryout options. That, in turn, has delivered a new client base to add on to an existing cadre of loyal followers. In a very real sense, food trucks are vehicles for equality in the post-pandemic world.
“While the pandemic has certainly hurt the majority of small businesses, it has also pushed many to be more innovative by looking for new revenue streams and ways to reach customers,” said Kimberly A. Eddleston, a professor of entrepreneurship and innovation at Northeastern University.
Like Ms. Jimenez, some businesses have “focused on ways to maintain their customer base by, for example, delivering products directly to customers,” Prof. Eddleston said. “While others have created products and services that attract new customers.”
Blue Sparrow food trucks in Pittsburgh, adding pizza, four-packs of local beer, gift cards and five-ounce bottles of housemade hot sauce.
Mr. Cypher’s main fare since he hit the streets in 2016 has been global street food. His menu carries a heavy Asian inspiration. There’s made-from-scratch kimchi on the menu daily. Dishes can include rice bowls, Vietnamese banh mi, falafel burritos, and a burger made with a ramen bun.
During the pandemic, Mr. Cypher’s business took a hit when 24 festivals and over a dozen weddings where he was booked were canceled. “I switched gears to keep things as lean as possible,” Mr. Cypher said.
He temporarily shut down a second food truck — a retrofitted 35-foot, 1956 Greyhound bus that he used for the big parties — and introduced a website to interact with his customers and an online ordering system for his smaller truck, which he usually parked at a neighborhood brewery.
“I switched the menu to focus on soups, noodles, burritos and pressed sandwiches, so that the things that we were handing our customers would make it home and still be a good experience after they opened up the bag and took it out,” he said.
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And he began to make and sell pizza one day a week at the kitchen where he used to do his prep work for the trucks before the pandemic. (The pizza, too, has an international flair: a banh mi pie, for example, made with pork or tofu, miso garlic sauce, mozzarella, pickled carrots, cucumbers, and cilantro.)
Accion Opportunity Fund, a nonprofit organization providing small-business owners with access to capital, networks and coaching. “Many food truck owners stepped forward to seize opportunity during a time of great uncertainty,” she said.
As Pittsburgh emerges from the pandemic, Mr. Cypher is adding a twist at his kitchen location. “We have licensing to offer beer on draft from our local breweries, so we’re going to have a small beer garden,” he said. “And that’s a revenue stream that we’re going to kind of lean into that we probably never would have done if not for Covid.”
In 2020, Mr. Cypher’s food trucks had $200,000 in gross sales, down about 40 percent from the previous year, he said. “But with the new offerings, more efficiency and only running one rig, we were actually able to net enough to keep the business moving forward,” he said. “This year we’re already up about 30 percent from where we were at last year at this time.”
Shiso Crispy, timing was much tricker: she opened her first truck in November 2019, just a few months before the pandemic. And yet Ms. Whaley, 35, who offers handmade gyozas, bao buns and their signature dish, dirty rice, now has two trucks because of a strategy of regularly parking in certain neighborhoods and offering discounted and free meals outside a nearby Ronald McDonald House. (She added the second truck in January.)
One challenge: “The internet here is shoddy. And cellphone service in different areas out here just doesn’t work,” she said. “During the height of the pandemic, I was consistently losing two or more transactions at my point of sale every shift.”
Clover Flex point of sale program for touchless transactions. “It has digitally transformed my business,” Ms. Whaley said.
She also signed on to an app, called Best Food Trucks, that allows customers near her to pre-order once they know her location for the day.
“The inextricably connected stories of food trucks and Covid are a perfect microcosm of the undeniable reality that women, immigrants and people of color, historically relegated to the edges of the economy, are actually the foundation upon which the next economy must be built,” said Nathalie Molina Niño, author of “Leapfrog: The New Revolution for Women Entrepreneurs.”
But the silver lining from the pandemic for some operators is more personal — including bringing families together. “I have a ton of wisdom about how to operate food trucks and cooking,” Ms. Jimenez said. “It’s the coming together of the generations that made the business stronger now and for the future.”
At another point, the Apple lawyer questioned Mr. Cook on Apple’s competition in the app market. Mr. Cook said he believed digital marketplaces that distributed games, including Epic’s and those of the gaming-console makers like Sony and Microsoft, were direct competitors to the App Store. Though, he admitted, “I’m not a gamer.”
Throughout the trial, Judge Gonzalez Rogers frequently sought clarification on technical jargon and pressed witnesses further on their answers. She asked about the difference in business models for Fortnite, Epic’s most popular game, and games like Roblox and Minecraft from other companies, and asked how Apple’s security compared with that of third-party companies.
Earlier this week, she said she had not seen much evidence for one of Epic’s nine claims that accuses Apple of violating the essential facilities doctrine, which bans business from denying other businesses access to certain markets. Apple quickly filed a motion to have the essential facilities claim dismissed.
The biggest challenge in deciding the case may be defining the market that Epic and Apple are fighting over. Apple argued that Epic has many options for game distribution including web browsers, gaming consoles and personal computers. Many of those platforms charge a commission similar to that of the App Store. If gaming is the market, Apple argued, then there are many competitors — like Microsoft, Sony and Nintendo — and Apple cannot have a monopoly.
Epic responded that Fortnite is more than a game. It is something the company calls the metaverse — an infinite digital universe with activities, social media and even concerts. The argument led to a lengthy and detailed debate over what a game actually is. The point? This case, Epic’s lawyers argued, is about all mobile apps, which can only reach the iPhone’s one billion users through Apple’s App Store.
Judge Gonzalez Rogers expressed frustration over the market semantics. “One side will say it’s black, the other says it’s white — typically it’s somewhere in the gray,” she said last week.
Apple argued that its fees were necessary to maintain security for its customers. The company’s lawyers said the App Store’s restrictions protected against malware and data breaches for iPhone users.
Apple proactively removes apps to placate Chinese officials.
Apple has created an internal bureaucracy that rejects or removes apps the company believes could run afoul of Chinese rules. Apple trains its app reviewers and uses special software to inspect apps for any mention of topics Apple has deemed off limits in China, including Tiananmen Square, the Chinese spiritual movement Falun Gong, the Dalai Lama, and independence for Tibet and Taiwan.
Apple said it removes apps in China to comply with local laws.
Apple banned apps from a Communist Party critic.
In 2018, China’s internet regulators ordered Apple to reject an app from Guo Wengui, a Chinese billionaire who had broadcast claims of corruption inside the Communist Party. Top Apple executives then decided to add Mr. Guo to Apple’s “China sensitivities list,” which meant software would scan apps for mention of him and app reviewers would be trained to reject his apps, according to court documents.
When an app by Mr. Guo later slipped by Apple’s defenses and was published to the App Store, Chinese officials contacted Apple wanting answers. Apple’s app review chief then sent colleagues an email at 2:32 a.m. that said, “This app and any Guo Wengui app cannot be on the China store.” Apple investigated the incident and later fired the app reviewer who had approved the app.
Apple said that it had fired the app reviewer for poor performance and that it had removed Mr. Guo’s app in China because it had determined it was illegal there.
Tens of thousands of iPhone apps have disappeared in China.
Since 2017, roughly 55,000 active apps have disappeared from Apple’s App Store in China, with most remaining available in other countries, according to a Times analysis.
More than 35,000 of those apps were games, which in China must get approval from regulators. The remaining 20,000 cut across a wide range of categories, including foreign news outlets, gay dating services and encrypted messaging apps. Apple also blocked tools for organizing pro-democracy protests and skirting internet restrictions, as well as apps about the Dalai Lama.
Apple disputed The Times’s figures, saying that some developers removed their own apps from China.