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Epic Games appeals last week’s ruling in antitrust battle with Apple

Fortnite maker Epic Games is appealing last week’s ruling in its court battle with Apple, where a federal judge said Apple would no longer be allowed to block developers from adding links to alternative payment mechanisms, but stopped short of dubbing Apple a monopolist. The latter would have allowed Epic Games to argue for alternative means of serving its iOS user base, including perhaps, through third-party app stores or even sideloading capabilities built into Apple’s mobile operating system, similar to those on Google’s Android OS.

Apple immediately declared the court battle a victory, as the judge had agreed with its position that the company was “not in violation of antitrust law” and had also deemed Apple’s success in the app and gaming ecosystem as “not illegal.” Epic Games founder and CEO Tim Sweeney, meanwhile, said the ruling was not a win for either developers or consumers. On Twitter, he hinted that the company may appeal the decision when he said, “We will fight on.”

In a court filing published on Sunday (see below), Epic Games officially stated its attention to appeal U.S. District Judge Yvonne Gonzalez Rogers’ final judgment and “all orders leading to or producing that judgment.”

As part of the judge’s decision, Epic Games had been ordered to pay Apple the 30% of the $12 million it earned when it introduced its alternative payment system in Fortnite on iOS, which was then in breach of its legal contract with Apple.

The appellate court will revisit how Judge Gonzalez Rogers defined the market where Epic Games had argued Apple was acting as a monopolist. Contrary to both parties’ wishes, Gonzalez Rogers defined it as the market for “digital mobile gaming transactions” specifically. Though an appeal may or may not see the court shifting its opinion in Epic Games’ favor, a new ruling could potentially help to clarify the vague language used in the injunction to describe how Apple must now accommodate developers who want to point their customers to other payment mechanisms.

So far, the expectation floating around the developer community is that Apple will simply extend the “reader app” category exception to all non-reader apps (apps that provide access to purchased content). Apple recently settled with a Japanese regulator by agreeing to allow reader apps to point users to their own website where users could sign up and manage their accounts, which could include customers paying for subscriptions — like Netflix or Spotify subscriptions, for instance. Apple said this change would be global.

In briefings with reporters, Apple said the details of the injunction issued with the Epic Games ruling, however, would still need to be worked out. Given the recency of the decision, the company has not yet communicated with developers on how this change will impact them directly nor has it updated its App Store guidelines with new language.

Reached for comment, Epic Games said it does not have any further statements on its decision to appeal at this time.

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Epic Games to shut down Houseparty in October, including the video chat ‘Fortnite Mode’ feature

Houseparty, the social video chat app acquired by Fortnite maker Epic Games for a reported $35 million back in 2019, is shutting down. The company says Houseparty will be discontinued in October when the app will stop functioning for its existing users; it will be pulled from the app stores today, however. Related to this move, Epic Games’ “Fortnite Mode” feature, which leveraged Houseparty to bring video chat to Fortnite gamers, will also be discontinued.

Founded in 2015, Houseparty offered a way for users to participate in group video chats with friends and even play games, like Uno, trivia, Heads Up and others. Last year, Epic Games integrated Houseparty with Fortnite, initially to allow gamers to see live feeds from friends while gaming, then later adding support to livestream gameplay directly into Houseparty. At the time, these integrations appeared to be the end goal that explained why Epic Games had bought the social startup in the first place.

Now, just over two years after the acquisition was announced, and less than half a year since support for livestreaming was added to the app, Houseparty is shutting down.

The company didn’t offer any solid insight into what, at first glance, feels like an admission of failure to capitalize on its acquisition. But the reality is that Epic Games may have something larger in store beyond just video chat. That said, all Epic Games would say today is that the Houseparty team could no longer give the app the attention it required — a statement that indicates an executive decision to shift the team’s focus to other matters.

While none of the Houseparty team members are being let go as a result of this move, we’re told, they will be joining other teams where they will work on new ways to allow for “social interactions” across the Epic Games family of products. The company’s announcement hinted that those social features would be designed and built at the “metaverse scale.”

The “metaverse” is an increasingly used buzzword that references a shared virtual environment, like those provided by large-scale online gaming platforms such as Fortnite, Roblox and others. Facebook, too, claims the metaverse is the next big gambit for social networking, with CEO Mark Zuckerberg having described it as an “embodied internet that you’re inside of rather than just looking at.”

To some extent, Fortnite has begun to embrace the metaverse by offering non-gaming experiences like online concerts you attend as your avatar, and other live events. Ahead of its shutdown, Houseparty also toyed with live events that users would co-watch and participate in alongside their friends.

An Epic Games spokesperson tells TechCrunch the Houseparty team has worked on (and continues to work on) a number of other projects that focus on social. But some of the “multiple, larger projects” Epic Games has in the works remain undisclosed, we’re told.

In terms of social products, Houseparty’s technology now underpins all of Fortnite voice chat and the features they built are widely available for free to developers through Epic Games Services. They also worked on building out new social experiences, which have ranged from the social RSVP functions for Fortnite’s global events, like the recent Ariana Grande concert, to the upcoming “Operation: Sky Fire” event for collaborating quests and other game mechanics. More social functionality and new experiences are also being built into Fortnite’s user-generated content platform, Create Mode.

While it may seem odd to close an app that only last year experienced a boost in usage due to the pandemic, it appears the COVID bump didn’t have staying power.

At the height of lockdowns, Houseparty had reported it had gained 50 million new sign-ups in a month’s time as users looked to video apps to connect with family and friends while the world was shut down. But as the pandemic wore on, other video chat experiences gained more ground. Zoom, which had established itself as an essential tool for remote work, became a tool for hanging out with friends after-hours, as well. Facebook also started to eat Houseparty’s lunch with its debut of drop-in video chat “Rooms” last year, which offered a similar group video experience. And bored users shifted to audio-based social networking on apps like Clubhouse or Twitter Spaces.

Image Credits: Apptopia

According to data from Apptopia, Houseparty has been continually declining since the pandemic bump. To date, its app has seen a total of 111 million downloads across iOS and Android, with the majority (63 million) on iOS. The U.S. was Houseparty’s largest market, accounting for 43.4% of downloads, followed by the U.K. (9.8%), then Germany (5.6%).

Epic Games, meanwhile, said the app served “tens of millions” of users worldwide. It insists the closure wasn’t decided lightly, nor was the decision to shutter “Fortnite Mode” made due to lack of adoption.

Houseparty will alert users to the shutdown via in-app notifications ahead of its final closure in October. At that point, Fortnite Mode will also no longer be available.

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Dispo launches a test to gauge user interest in selling their photos as NFTs

Dispo, the photo-sharing app that emulates disposable cameras, started rolling out a test yesterday that will record user interest in selling photos as NFTs. Some users will now see a sell button on their photos, and when they tap it, they can sign up to be notified when the ability to sell Dispo photos launches.

CEO and co-founder Daniel Liss told TechCrunch that Dispo is still deciding how it will incorporate NFT sales into the app, which is why the platform is piloting a test with its users. Dispo doesn’t know yet what blockchain it would use, if it would partner with an NFT marketplace or what cut of sales Dispo would take.

“I think it’s safe to say from the test that there will be an experience native to the Dispo app,” Liss said. “There are a number of ways it could look — there could be a native experience within Dispo that then connects through an API to another platform, and in turn, they’re our partner, but to the community, it would look native to the Dispo app.”

Image Credits: Dispo

This marks a new direction for the social media app, which seeks to redefine the photo-sharing experience by only letting users see the photos they took at 9 AM the next morning. From Dispo’s perspective, this gimmick helps users share more authentically, since you take one photo and then you’re done — the app isn’t conducive to taking dozens of selfies and posting the “best” image of yourself. But though it only launched in December 2019, Dispo has already faced both buzzy hype and devastating controversy.

Until about a year ago, the app was called David’s Disposables, named after co-founder and YouTuber David Dobrik. The app was downloaded over a million times in the first week after its release and hit No. 1 on the App Store charts. In March 2021, the app dropped its waitlist and relaunched with social network features, but just weeks later, Insider reported sexual assault allegations against a member of Vlog Squad, Dobrik’s YouTube prank ensemble. In response, Spark Capital severed ties with the company, leading to Dobrik’s departure. Other investors like Seven Seven Six and Unshackled Ventures, which contributed to the company’s $20 million Series A round, announced that they would donate any profits from their investments in Dispo to organizations working with survivors of sexual assault.

Liss told TechCrunch in June, when the company confirmed its Series A, that Dobrik’s role with the company was as a marketing partner — Liss has been CEO since the beginning. In light of the controversy, Liss said the app focused on improving the product itself and took a step back from promotion.

According to data from the app analytics firm SensorTower, Dispo has reached an estimated 4.7 million global installs to date since launch. Though the app saw the most downloads in January 2020, when it was installed over 1 million times, the app’s next best month came in March 2021, when it removed its waitlist — that month, about 616,000 people downloaded Dispo. Between March and the end of August, the app was downloaded around 1.4 million times, which is up 118% year over year compared to the same time frame in 2020 — but it should be expected that this year’s numbers would be higher, since last year, the app’s membership was exclusive.

Image Credits: Dispo

Now, with the announcement that Dispo is pursuing NFTs, Liss hopes that his company won’t just change how people post photos, but what the relationship will be between platforms and the content that users create.

“Why NFTs? The most powerful memories of our lives have value. And they have economic value, because we created them, and the past of social media fails to recognize that,” Liss told TechCrunch. “As a result, the only way that a creator with a big following is compensated is by selling directly to a brand, as opposed to profiting from the content itself.”

Adding NFT sales to the app offers Dispo a way to profit from a cut of user sales, but it stands to question how adding NFT sales could impact the community-focused feel of Dispo.

“I think there is tremendous curiosity and interest,” Liss said. “But these problems and questions are why we need more data.”

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Spotify playlist curators complain about ongoing abuse that favors bad actors over innocent parties

A number of Spotify playlist curators are complaining that the streaming music company is not addressing the ongoing issue of playlist abuse, which sees bad actors reporting playlists that have gained a following in order to give their own playlists better visibility. Currently, playlists created by Spotify users can be reported in the app for a variety of reasons — like sexual, violent, dangerous, deceptive or hateful content, among other things. When a report is submitted, the playlist in question will have its metadata immediately removed, including its title, description and custom image. There is no internal review process that verifies the report is legitimate before the metadata is removed.

Bad actors have learned how to abuse this system to give themselves an advantage. If they see a rival playlist has more users than their own, they will report their competitors in hopes of giving their playlist a more prominent ranking in search results.

According to the curators affected by this problem, there is no limit to the number of reports these bad actors can submit, either. The curators complain that their playlists are being reported daily, and often multiple times per day.

The problem is not new. Users have been complaining about playlist abuse for years. A thread on Spotify’s community forum about this problem is now some 30 pages deep, in fact, and has accumulated over 330 votes. Victims of this type of harassment have also repeatedly posted to social media about Spotify’s broken system to raise awareness of the problem more publicly. For example, one curator last year noted their playlist had been reported over 2,000 times, and said they were getting a new email about the reports nearly every minute. That’s a common problem and one that seems to indicate bad actors are leveraging bots to submit their reports.

Many curators say they’ve repeatedly reached out to Spotify for help with this issue and were given no assistance.

Curators can only reply to the report emails from Spotify to appeal the takedown, but they don’t always receive a response. When they ask Spotify for help with this issue, the company only says that it’s working on a solution.

While Spotify may suspend the account that abused the system when a report is deemed false, the bad actors simply create new accounts to continue the abuse. Curators on Spotify’s community forums suggested that an easy fix to the bot-driven abuse would be to restrict accounts from being able to report playlists until their accounts had accumulated 10 hours of streaming music or podcasts. This could help to ensure they were a real person before they gained permission to report abuse.

One curator, who maintains hundreds of playlists, said the problem had gotten so bad that they created an iOS app to continually monitor their playlists for this sort of abuse and to reinstate any metadata once a takedown was detected. Another has written code to monitor for report emails and uses the Spotify API to automatically fix their metadata after the false reports. But not all curators have the ability to build an app or script of their own to deal with this situation.

Image Credits: Spotify (screenshot of reporting flow)

TechCrunch asked Spotify what it planned to do about this problem, but the company declined to provide specific details.

“As a matter of practice, we will continue to disable accounts that we suspect are abusing our reporting tool. We are also actively working to enhance our processes to handle any suspected abusive reports,” a Spotify spokesperson told us.

The company said it is currently testing several different improvements to the process to curb the abuse, but would not say what those tests may include, or whether tests were internal or external. It could not provide any ballpark sense of when its reporting system would be updated with these fixes, either. When pressed, the company said it doesn’t share details about specific security measures publicly as a rule, as doing so could make abuse of its systems more effective.

Often, playlists are curated by independent artists and labels who are looking to promote themselves and get their music discovered, only to have their work taken down immediately, without any sort of review process that could sort legitimate reports from bot-driven abuse.

Curators complain that Spotify has been dismissing their cries for help for far too long, and Spotify’s vague and non-committal response about a coming solution only validates those complaints further.

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Playbyte’s new app aims to become the ‘TikTok for games’

A startup called Playbyte wants to become the TikTok for games. The company’s newly launched iOS app offers tools that allow users to make and share simple games on their phone, as well as a vertically scrollable, fullscreen feed where you can play the games created by others. Also like TikTok, the feed becomes more personalized over time to serve up more of the kinds of games you like to play.

While typically, game creation involves some aspect of coding, Playbyte’s games are created using simple building blocks, emoji and even images from your Camera Roll on your iPhone. The idea is to make building games just another form of self-expression, rather than some introductory, educational experience that’s trying to teach users the basics of coding.

At its core, Playbyte’s game creation is powered by its lightweight 2D game engine built on web frameworks, which lets users create games that can be quickly loaded and played even on slow connections and older devices. After you play a game, you can like and comment using buttons on the right-side of the screen, which also greatly resembles the TikTok look-and-feel. Over time, Playbyte’s feed shows you more of the games you enjoyed as the app leverages its understanding of in-game imagery, tags and descriptions, and other engagement analytics to serve up more games it believes you’ll find compelling.

At launch, users have already made a variety of games using Playbyte’s tools — including simulators, tower defense games, combat challenges, obbys, murder mystery games, and more.

According to Playbyte founder and CEO Kyle Russell — previously of Skydio, Andreessen Horowitz, and (disclosure!) TechCrunch — Playbyte is meant to be a social media app, not just a games app.

“We have this model in our minds for what is required to build a new social media platform,” he says.

What Twitter did for text, Instagram did for photos and TikTok did for video was to combine a constraint with a personalized feed, Russell explains. “Typically. [they started] with a focus on making these experiences really brief…So a short, constrained format and dedicated tools that set you up for success to work within that constrained format,” he adds.

Similarly, Playbyte games have their own set of limitations. In addition to their simplistic nature, the games are limited to five scenes. Thanks to this constraint, a format has emerged where people are making games that have an intro screen where you hit “play,” a story intro, a challenging gameplay section, and then a story outro.

In addition to its easy-to-use game building tools, Playbyte also allows game assets to be reused by other game creators. That means if someone who has more expertise makes a game asset using custom logic or which pieced together multiple components, the rest of the user base can benefit from that work.

“Basically, we want to make it really easy for people who aren’t as ambitious to still feel like productive, creative game makers,” says Russell. “The key to that is going to be if you have an idea — like an image of a game in your mind — you should be able to very quickly search for new assets or piece together other ones you’ve previously saved. And then just drop them in and mix-and-match — almost like Legos — and construct something that’s 90% of what you imagined, without any further configuration on your part,” he says.

In time, Playbyte plans to monetize its feed with brand advertising, perhaps by allowing creators to drop sponsored assets into their games, for instance. It also wants to establish some sort of patronage model at a later point. This could involve either subscriptions or even NFTs of the games, but this would be further down the road.

The startup had originally began as a web app in 2019, but at the end of last year, the team scrapped that plan and rewrote everything as a native iOS app with its own game engine. That app launched on the App Store this week, after previously maxing out TestFlight’s cap of 10,000 users.

Currently, it’s finding traction with younger teenagers who are active on TikTok and other collaborative games, like Roblox, Minecraft, or Fortnite.

“These are young people who feel inspired to build their own games but have been intimidated by the need to learn to code or use other advanced tools, or who simply don’t have a computer at home that would let them access those tools,” notes Russell.

Playbyte is backed by $4 million in pre-seed and seed funding from investors including FirstMark (Rick Heitzmann), Ludlow Ventures (Jonathon Triest and Blake Robbins), Dream Machine (former Editor-in-Chief at TechCrunch, Alexia Bonatsos), and angels such as Fred Ehrsam, co-founder of Coinbase; Nate Mitchell, co-founder of Oculus; Ashita Achuthan, previously of Twitter; and others.

The app is a free download on the App Store.

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Report: India may be next in line to mandate changes to Apple’s in-app payment rules

Summer is still technically in session, but a snowball is slowly developing in the world of apps, and specifically the world of in-app payments. A report in Reuters today says that the Competition Commission of India, the country’s monopoly regulator, will soon be looking at an antitrust suit filed against Apple over how it mandates that app developers use Apple’s own in-app payment system — thereby giving Apple a cut of those payments — when publishers charge users for subscriptions and other items in their apps.

The suit, filed by an Indian nonprofit called “Together We Fight Society”, said in a statement to Reuters that it was representing consumer and startup interests in its complaint.

The move would be the latest in what has become a string of challenges from national regulators against app store operators — specifically Apple but also others like Google and WeChat — over how they wield their positions to enforce market practices that critics have argued are anti-competitive. Other countries that have in recent weeks reached settlements, passed laws or are about to introduce laws include Japan, South Korea, Australia, the U.S. and the European Union.

And in India specifically, the regulator is currently working through a similar investigation as it relates to in-app payments in Android apps, which Google mandates use its proprietary payment system. Google and Android dominate the Indian smartphone market, with the operating system active on 98% of the 520 million devices in use in the country as of the end of 2020.

It will be interesting to watch whether more countries wade in as a result of these developments. Ultimately, it could force app store operators, to avoid further and deeper regulatory scrutiny, to adopt new and more flexible universal policies.

In the meantime, we are seeing changes happen on a country-by-country basis.

Just yesterday, Apple reached a settlement in Japan that will let publishers of “reader” apps (those for using or consuming media like books and news, music, files in the cloud and more) to redirect users to external sites to provide alternatives to Apple’s proprietary in-app payment provision. Although it’s not as seamless as paying within the app, redirecting previously was typically not allowed, and in doing so the publishers can avoid Apple’s cut.

South Korean legislators earlier this week approved a measure that will make it illegal for Apple and Google to make a commission by forcing developers to use their proprietary payment systems.

And last week, Apple also made some movements in the U.S. around allowing alternative forms of payments, but, relatively speaking, the concessions were somewhat indirect: app publishers can refer to alternative, direct payment options in apps now, but not actually offer them. (Not yet at least.)

Some developers and consumers have been arguing for years that Apple’s strict policies should open up more. Apple however has long said in its defense that it mandates certain developer policies to build better overall user experiences, and for reasons of security. But, as app technology has evolved, and consumer habits have changed, critics believe that this position needs to be reconsidered.

One factor in Apple’s defense in India specifically might be the company’s position in the market. Android absolutely dominates India when it comes to smartphones and mobile services, with Apple actually a very small part of the ecosystem.

As of the end of 2020, it accounted for just 2% of the 520 million smartphones in use in the country, according to figures from Counterpoint Research quoted by Reuters. That figure had doubled in the last five years, but it’s a long way from a majority, or even significant minority.

The antitrust filing in India has yet to be filed formally, but Reuters notes that the wording leans on the fact that anti-competitive practices in payments systems make it less viable for many publishers to exist at all, since the economics simply do not add up:

“The existence of the 30% commission means that some app developers will never make it to the market,” Reuters noted from the filing. “This could also result in consumer harm.”

Reuters notes that the CCI will be reviewing the case in the coming weeks before deciding whether it should run a deeper investigation or dismiss it. It typically does not publish filings during this period.

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Popcorn’s new app brings short-form video to the workplace

A new startup called Popcorn wants to make work communication more fun and personal by offering a way for users to record short video messages, or “pops,” that can be used for any number of purposes in place of longer emails, texts, Slack messages or Zoom calls. While there are plenty of other places to record short-form video these days, most of these exist in the social media space, which isn’t appropriate for a work environment. Nor does it make sense to send a video you’ve recorded on your phone as an email attachment, when you really just want to check in with a colleague or say hello.

Popcorn, on the other hand, lets you create the short video and then send a URL to that video anywhere you would want to add a personal touch to your message.

For example, you could use Popcorn in a business networking scenario, where you’re trying to connect with someone in your industry for the first time — aka “cold outreach.” Instead of just blasting them a message on LinkedIn, you could also paste in the Popcorn URL to introduce yourself in a more natural, friendly fashion. You also could use Popcorn with your team at work for things like daily check-ins, sharing progress on an ongoing project or to greet new hires, among other things.

Image Credits: Popcorn

Videos themselves can be up to 60 seconds in length — a time limit designed to keep Popcorn users from rambling. Users also can opt to record audio only if they don’t want to appear on video. And you can increase the playback speed if you’re in a hurry. Users who want to receive “pops” could also advertise their “popcode” (e.g. try mine at U8696).

The idea to bring short-form video to the workplace comes from Popcorn co-founder and CEO Justin Spraggins, whose background is in building consumer apps. One of his first apps to gain traction back in 2014 was a Tinder-meets-Instagram experience called Looksee that allowed users to connect around shared photos. A couple years later, he co-founded a social calling app called Unmute, a Clubhouse precursor of sorts. He then went on to co-found 9 Count, a consumer app development shop which launched more social apps like BFF (previously Wink) and Juju.

9 Count’s lead engineer, Ben Hochberg, is now also a co-founder on Popcorn (or rather, Snack Break, Inc. as the legal entity is called). They began their work on Popcorn in 2020, just after the start of the COVID-19 pandemic. But the rapid shift to remote work in the days that followed could now help Popcorn gain traction among distributed teams. Today’s remote workers may never again return to in-person meetings at the office, but they’re also growing tired of long days stuck in Zoom meetings.

With Popcorn, the goal is to make work communication fun, personal and bite-sized, Spraggins says. “[We want to] bring all the stuff we’re really passionate about in consumer social into work, which I think is really important for us now,” he explains.

“You work with these people, but how do you — without scheduling a Zoom — how do you bring the ‘human’ to it?,” Spraggins says. “I’m really excited about making work products feel more social, more like Snapchat than utility tools.”

There is a lot Popcorn would still need to figure out to truly make a business-oriented social app work, including adding enhanced security, limiting spam, offering some sort of reporting flow for bad actors, and more. It will also eventually need to land on a successful revenue model.

Currently, Popcorn is a free download on iPhone, iPad and Mac, and offers a Slack integration so you can send video messages to co-workers directly in the communication software you already use to catch up and stay in touch. The app today is fairly simple, but the company plans to enhance its short videos over time using AR frames that let users showcase their personalities.

The startup raised a $400,000 pre-seed round from General Catalyst (Niko Bonatsos) and Dream Machine (Alexia Bonatsos, previously editor-in-chief at TechCrunch.) Spraggins says the company will be looking to raise a seed round in the fall to help with hires, including in the AR space.

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Netflix begins testing mobile games in its Android app in Poland

Netflix today announced it will begin testing mobile games inside its Android app for its members in Poland. At launch, paying subscribers will be able to try out two games, “Stranger Things: 1984” and “Stranger Things 3” — titles that have been previously available on the Apple App Store, Google Play and, in the case of the newer release, on other platforms, including desktop and consoles. While the games are offered to subscribers from within the Netflix mobile app’s center tab, users will still be directed to the Google Play Store to install the game on their devices.

To then play, members will need to confirm their Netflix credentials.

Members can later return to the game at any time by clicking “Play” on the game’s page from inside the Netflix app or by launching it directly from their mobile device.

“It’s still very, very early days and we will be working hard to deliver the best possible experience in the months ahead with our no ads, no in-app purchases approach to gaming,” a Netflix spokesperson said about the launch.

The company has been expanding its investment in gaming for years, seeing the potential for a broader entertainment universe that ties in to its most popular shows. At the E3 gaming conference back in 2019, Netflix detailed a series of gaming integrations across popular platforms like Roblox and Fortnite and its plans to bring new “Stranger Things” games to the market.

On mobile, Netflix has been working with the Allen, Texas-based game studio BonusXP, whose first game for Netflix, “Stranger Things: The Game,” has now been renamed “Stranger Things: 1984” to better differentiate it from others. While that game takes place after season 1 and before season 2, in the “Stranger Things” timeline, the follow-up title, “Stranger Things 3,” is a playable version of the third season of the Netflix series. (So watch out for spoilers!)

Netflix declined to share how popular the games had been in terms of users or installs, while they were publicly available on the app stores.

With the launch of the test in Poland, Netflix says users will need to have a membership to download the titles as they’re now exclusively available to subscribers. However, existing users who already downloaded the game from Google Play in the past will not be impacted. They will be able to play the game as usual or even re-download it from their account library if they used to have it installed. But new players will only be able to get the game from the Netflix app.

The test aims to better understand how mobile gaming will resonate with Netflix members and determine what other improvements Netflix may need to make to the overall functionality, the company said. It chose Poland as the initial test market because it has an active mobile gaming audience, which made it seem like a good fit for this early feedback.

Netflix couldn’t say when it would broaden this test to other countries, beyond “the coming months.”

The streamer recently announced during its second-quarter earnings that it would add mobile games to its offerings, noting that it views gaming as “another new content category” for its business, similar to its “expansion into original films, animation and unscripted TV.”

The news followed what had been a sharp slowdown in new customers after the pandemic-fueled boost to streaming. In North America, Netflix in Q2 lost a sizable 430,000 subscribers — its third-ever quarterly decline in a decade. It also issued weaker guidance for the upcoming quarter, forecasting the addition of 3.5 million subscribers when analysts had been looking for 5.9 million. But Netflix downplayed the threat of competition on its slowing growth, instead blaming a lighter content slate, in part due to COVID-related production delays.

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LOVE unveils a modern video messaging app with a business model that puts users in control

A London-headquartered startup called LOVE, valued at $17 million following its pre-seed funding, aims to redefine how people stay in touch with close family and friends. The company is launching a messaging app that offers a combination of video calling as well as asynchronous video and audio messaging, in an ad-free, privacy-focused experience with a number of bells and whistles, including artistic filters and real-time transcription and translation features.

But LOVE’s bigger differentiator may not be its product alone, but rather the company’s mission.

LOVE aims for its product direction to be guided by its user base in a democratic fashion as opposed to having the decisions made about its future determined by an elite few at the top of some corporate hierarchy. In addition, the company’s longer-term goal is ultimately to hand over ownership of the app and its governance to its users, the company says.

These concepts have emerged as part of bigger trends towards a sort of “Web 3.0,” or next phase of internet development, where services are decentralized, user privacy is elevated, data is protected and transactions take place on digital ledgers, like a blockchain, in a more distributed fashion.

LOVE’s founders are proponents of this new model, including serial entrepreneur Samantha Radocchia, who previously founded three companies and was an early advocate for the blockchain as the co-founder of Chronicled, an enterprise blockchain company focused on the pharmaceutical supply chain.

As someone who’s been interested in emerging technology since her days of writing her anthropology thesis on currency exchanges in “Second Life’s” virtual world, she’s now faculty at Singularity University, where she’s given talks about blockchain, AI, Internet of Things, Future of Work, and other topics. She’s also authored an introductory guide to the blockchain with her book “Bitcoin Pizza.”

Co-founder Christopher Schlaeffer, meanwhile, held a number of roles at Deutsche Telekom, including chief product & innovation officer, corporate development officer and chief strategy officer, where he along with Google execs introduced the first mobile phone to run Android. He was also chief digital officer at the telecommunication services company VEON.

The two crossed paths after Schlaeffer had already begun the work of organizing a team to bring LOVE to the public, which includes co-founders Chief Technologist Jim Reeves, also previously of VEON, and Chief Designer Timm Kekeritz, previously an interaction designer at international design firm IDEO in San Francisco, design director at IXDS and founder of design consultancy Raureif in Berlin, among other roles.

Image Credits: LOVE

Explained Radocchia, what attracted her to join as CEO was the potential to create a new company that upholds more positive values than what’s often seen today — in fact, the brand name “LOVE” is a reference to this aim. She was also interested in the potential to think through what she describes as “new business models that are not reliant on advertising or harvesting the data of our users,” she says.

To that end, LOVE plans to monetize without any advertising. While the company isn’t ready to explain its business model in full, it would involve users opting in to services through granular permissions and membership, we’re told.

“We believe our users will much rather be willing to pay for services they consciously use and grant permissions to in a given context than have their data used for an advertising model which is simply not transparent,” says Radocchia.

LOVE expects to share more about the model next year.

As for the LOVE app itself, it’s a fairly polished mobile messenger offering an interesting combination of features. Like any other video chat app, you can video call with friends and family, either in one-on-one calls or in groups. Currently, LOVE supports up to five call participants, but expects to expand that as it scales. The app also supports video and audio messaging for asynchronous conversations. There are already tools that offer this sort of functionality on the market, of course — like WhatsApp, with its support for audio messages, or video messenger Marco Polo. But they don’t offer quite the same expanded feature set.

Image Credits: LOVE

For starters, LOVE limits its video messages to 60 seconds, for brevity’s sake. (As anyone who’s used Marco Polo knows, videos can become a bit rambling, which makes it harder to catch up when you’re behind on group chats.) In addition, LOVE allows you to both watch the video content as well as read the real-time transcription of what’s being said — the latter which comes in handy not only for accessibility’s sake, but also for those times you want to hear someone’s messages but aren’t in a private place to listen or don’t have headphones. Conversations can also be translated into 50 languages.

“A lot of the traditional communication or messenger products are coming from a paradigm that has always been text-based,” explains Radocchia. “We’re approaching it completely differently. So while other platforms have a lot of the features that we do, I think that…the perspective that we’ve approached it has completely flipped it on its head,” she continues. “As opposed to bolting video messages on to a primarily text-based interface, [LOVE is] actually doing it in the opposite way and adding text as a sort of a magically transcribed add-on — and something that you never, hopefully, need to be typing out on your keyboard again,” she adds.

The app’s user interface, meanwhile, has been designed to encourage eye-to-eye contact with the speaker to make conversations feel more natural. It does this by way of design elements where bubbles float around as you’re speaking and the bubble with the current speaker grows to pull your focus away from looking at yourself. The company is also working with the curator of Serpentine Gallery in London, Hans Ulrich-Obrist, to create new filters that aren’t about beautification or gimmicks, but are instead focused on introducing a new form of visual expression that makes people feel more comfortable on camera.

For the time being, this has resulted in a filter that slightly abstracts your appearance, almost in the style of animation or some other form of visual arts.

The app claims to use end-to-end encryption and the automatic deletion of its content after seven days — except for messages you yourself recorded, if you’ve chosen to save them as “memorable moments.”

“One of our commitments is to privacy and the right-to-forget,” says Radocchia. “We don’t want to be or need to be storing any of this information.”

LOVE has been soft-launched on the App Store, where it’s been used with a number of testers and is working to organically grow its user base through an onboarding invite mechanism that asks users to invite at least three people to join. This same onboarding process also carefully explains why LOVE asks for permissions — like using speech recognition to create subtitles.

LOVE says its valuation is around $17 million USD following pre-seed investments from a combination of traditional startup investors and strategic angel investors across a variety of industries, including tech, film, media, TV and financial services. The company will raise a seed round this fall.

The app is currently available on iOS, but an Android version will arrive later in the year. (Note that LOVE does not currently support the iOS 15 beta software, where it has issues with speech transcription and in other areas. That should be resolved next week, following an app update now in the works.)

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A new Senate bill would totally upend Apple and Google’s app store dominance

With two giants calling the shots and collecting whatever tolls they see fit, mobile software makers have long complained that app stores take an unfair cut of the cash that should be flowing directly to developers. Hearing those concerns, a group of senators introduced a new bill this week that, if passed, would greatly diminish Apple and Google’s ability to control app purchases in their operating systems and completely shake up the way that mobile software gets distributed.

The new bill, called the Open App Markets Act, would enshrine quite a few rights that could benefit app developers tired of handing 30% of their earnings to Apple and Google. The bill, embedded in full below, would require companies that control operating systems to allow third-party apps and app stores.

It would also prevent those companies from blocking developers from telling users about lower prices for their software that they might find outside of official app stores. Apple and Google would also be barred from leveraging “non-public” information collecting through their platforms to create competing apps.

“This legislation will tear down coercive anticompetitive walls in the app economy, giving consumers more choices and smaller startup tech companies a fighting chance,” said Senator Richard Blumenthal (D-CT), who introduced the bipartisan bill with Sen. Marsha Blackburn (R-TN), and Sen. Amy Klobuchar (D-MN). Klobuchar chairs the Senate’s antitrust subcommittee and Blackburn and Blumenthal are both subcommittee members.

Senator Blackburn called Apple and Google’s app store practices a “direct affront to a free and fair marketplace” and Sen. Klobuchar noted that their behavior raises “serious competition concerns.”

The bill draws on information collected earlier this year from that subcommittee’s hearing on app stores and competition. In the hearing, lawmakers heard from Apple and Google as well as Spotify, Tile and Match Group, three companies that argued their businesses have been negatively impacted by anti-competitive app store policies.

“… We urge Congress to swiftly pass the Open App Markets Act,” Spotify Chief Legal Officer Horacio Gutierrez said of the new bill. “Absent action, we can expect Apple and others to continue changing the rules in favor of their own services, and causing further harm to consumers, developers and the digital economy.”

The Coalition for App Fairness, a developer advocacy group, praised the bill for its potential to spur innovation in digital markets. “The bipartisan Open App Markets Act is a step towards holding big tech companies accountable for practices that stifle competition for developers in the U.S. and around the world,” CAF executive director Meghan DiMuzio said.

Hoping to head off future regulatory headaches, Apple dropped its own fees for companies that generate less than $1 million in App Store revenue from 30% to 15% last year. Google followed suit with its own gesture, dropping fees to 15% for the first $1 million in revenue a developer earns through the Play Store in a year. Some developers critical of the companies’ practices saw those changes as little more than a publicity stunt.

Developers have long complained about the high tolls they pay to distribute their software through the world’s two major mobile operating systems. That fight escalated over the last year when Epic Games circumvented Apple’s payments rules by allowing Fortnite players to pay Epic directly, setting off a legal fight that has huge implications for the mobile software world. Following a May trial, the verdict is expected later this year.

“This will make it easier for developers of all sizes to challenge these harmful practices and seek relief from retaliation, be it during litigation or simply because they dared speak up,” Epic Games VP of Public Policy Corie Wright said of the new bill.

Unlike Apple, Google does allow apps to be “sideloaded,” installed onto devices outside of the Google Play Store. But documents unsealed in Epic’s parallel case against Google revealed that the Play Store’s creator knows the sideloading process is a terrible experience for users — something the company brings up when pressuring developers to stick with its official app marketplace.

The counterargument here is that official app stores make apps safer and smoother for consumers. While Apple and Google extract heavy fees for selling mobile software through the App Store and the Google Play Store, the companies both argue that streamlining apps through those official channels protects people from malware and allows for prompt software updates to patch security concerns that could jeopardize user privacy.

“At Apple, our focus is on maintaining an App Store where people can have confidence that every app must meet our rigorous guidelines and their privacy and security is protected,” an Apple spokesperson told TechCrunch.

Adam Kovacevich, a former Google policy executive who leads the new tech-backed industry group Chamber of Progress, called the new bill “a finger in the eye” for Android and iPhone owners.

“I don’t see any consumers marching in Washington demanding that Congress make their smartphones dumber,” Kovacevich said. “And Congress has better things to do than intervene in a multi-million-dollar dispute between businesses.”

At least in Google’s case, the counterargument has its own counterargument. Android has long been notorious for malware, but apparently most of that malicious software isn’t making its way onto devices through sideloading — it’s walking through the Google Play Store’s front door.

 

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