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112

CHAPTER 10 Why Fortnite Sued Apple

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Doctorow, C. and Giblin, R. (2022). CHAPTER 10 Why Fortnite Sued Apple. In Doctorow, C. and Giblin, R. Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We'll Win Them Back. Beacon Press, pp. 112-123

120

Figuring out how to get your program played on a phone without paying a toll to the phone maker isn’t a copyright violation, but it is a business-model violation. Congress could easily have written section 1201 of the DMCA to say, “Bypassing DRM to violate copyright is illegal,” but it didn’t. It created a new crime—“felony contempt of business model”—which actually supports anticompetitive conduct. By giving Apple’s App Store moat the force of law, the DMCA stops it from being competed away, allowing monopolists to keep collecting money that should be going to makers, not rentiers.

crazy

—p.120 by Cory Doctorow, Rebecca Giblin 9 months ago

Figuring out how to get your program played on a phone without paying a toll to the phone maker isn’t a copyright violation, but it is a business-model violation. Congress could easily have written section 1201 of the DMCA to say, “Bypassing DRM to violate copyright is illegal,” but it didn’t. It created a new crime—“felony contempt of business model”—which actually supports anticompetitive conduct. By giving Apple’s App Store moat the force of law, the DMCA stops it from being competed away, allowing monopolists to keep collecting money that should be going to makers, not rentiers.

crazy

—p.120 by Cory Doctorow, Rebecca Giblin 9 months ago