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Epic’s latest argument in its fight against Apple keeps antitrust issues front and center

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Epic Games, the game engine developer and creator of the wildly popular Fortnite game, is keeping the focus squarely on antitrust issues in its lawsuit against Apple as pressures mount to rein in anti-competitive practices of the world’s largest tech companies.

Antitrust arguments are gaining ground on both sides of the political spectrum, which could present a more favorable environment for Epic to make its case.

Earlier this month the Trump Justice Department filed its antitrust case against Google even as Congress laid out its roadmap for how to limit the monopoly power of a quartet of trillion-dollar companies: Facebook, Amazon, Apple and Alphabet (the parent company behind Google).

Epic’s lawyers acknowledged in the filing that the company breached its contract with Apple, but said that it only took that step because Apple’s contract restrictions are illegal, according to the company.

“When Epic took steps to allow consumers on iOS devices to make those payments directly, it breached some of the contractual restrictions that Apple imposes on iOS developers,” the lawyers wrote. “Epic did so because those contractual restrictions are unlawful. Epic chose to take a stand against Apple’s monopoly to illustrate that competition could exist on iOS, and that consumers would welcome and benefit from it. Epic did so without advance notice to Apple because Apple would otherwise have used its monopoly control to prevent that competition from happening.”

Ultimately, the argument comes down to whether Apple can claim ownership of commerce occurring on the phones they make and through the marketplace that companies are forced to use to access the users of those phones.

“It’s a crazy, misguided view,” according to a tweet from Epic Games founder and chief executive, Tim Sweeney.

The argument that Epic is making to the court is that Apple’s contractual restrictions are anticompetitive and deny choice to developers and consumers.

From Epic’s perspective, it took the steps it did in creating an in-game marketplace that its players could access directly, to prove that the App Store is not a necessary part of the iOS ecosystem; “they are just the tools Apple uses to maintain its monopoly,” the company’s lawyers wrote.

“Apple has no right to the fruits of Epic’s labor, other than the rights arising under a contract. Consumers who choose to make in-app purchases in Fortnite pay for Epic’s creativity, innovation and effort—to enjoy an experience that Epic has designed,” the company claimed in its filing.

 

The legal confrontation between one of the world’s most valuable tech company and one of the tech industry’s rising (and incredibly popular) stars began in August when Epic Games introduced a new payment mechanism to its Fortnite app allowing gamers to purchase its in-game currency directly and bypass Apple’s in-app purchase framework.

The company pushed the same update to its Android game, as well. Both Apple and Alphabet responded by taking down the company’s Fortnite game from its app stores.

Earlier this month, Judge Yvonne Gonzales Rogers, kept a temporary restraining order issued in September in place which simultaneously protected Epic’s Unreal Engine from retaliation by Apple, while allowing Apple to keep Epic’s Fortnite game off of its App Store.

Lyron Foster is a Hawaii based African American Musician, Author, Actor, Blogger, Filmmaker, Philanthropist and Multinational Serial Tech Entrepreneur.

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GoSite snags $40M to help SMBs bring their businesses online

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There are 12 million small and medium businesses in the US, yet they have continued to be one of most underserved segments of the B2B universe: that volume underscores a lot of fragmentation, and alongside other issues like budget constraints, there are a number of barriers to building for them at scale. Today, however, a startup helping SMBs get online is announcing some significant funding — a sign of how things are changing at a moment when many businesses have realised that being online is no longer an option, but a necessity.

GoSite, a San Diego-based startup that helps small and medium enterprises build websites, and, with a minimum amount of technical know-how, run other functions of their businesses online — like payments, online marketing, appointment booking and accounting — has picked up $40 million in funding.

GoSite offers a one-stop shop for users to build and manage everything online, with the ability to feed in up to 80 different third-party services within that. “We want to help our customers be found everywhere,” said Alex Goode, the founder and CEO of GoSite. “We integrate with Facebook and other consumer platforms like Siri, Apple Maps, and search engines like Google, Yahoo and Bing and more.” It also builds certain features like payments from the ground up.

The Series B comes on the back of a strong year for the company. Driven by Covid-19 circumstances, businesses have increasingly turned to the internet to interact with customers, and GoSite — which has “thousands” of SMB customers — said it doubled its customer base in 2020.

This latest round is being led by Left Lane Capital out of New York, with Longley Capital, Cove Fund, Stage 2, Ankona Capital and Serra Ventures also participating. GoSite is clearly striking while the iron is hot: Longley, also based out of San Diego, led the company’s previous round, which was only in August of this year. It has now raised $60 million to date.

GoSite is, in a sense, a play for more inclusivity in tech: its customers are not companies that it’s “winning” off other providers that provide website building and hosting and other services typically used by SMBs, such as Squarespace and Wix, or GoDaddy, or Shopify.

Rather, they are companies that may have never used any of these: local garages, local landscapers, local hair salons, local accountancy firms, local dentists and so on. Barring the accounting firm, these are not businesses that will ever go fully online, as a retailer might, not least because of the physical aspect of each of those professions. But they will need an online presence and the levers it gives them to communicate, in order to survive, especially in times when their old models are being put under strain.

Goode started GoSite after graduating from college in Michigan with a degree in computer science, having previously grown up around and working in small businesses — his parents, grandparents and others in his Michigan town all ran their own stores. (He moved to San Diego “for the weather” he joked.)

His belief is that while there are and always will be alternatives like Facebook or Yelp to plant a flag, there is nothing that can replace the value and longer term security and control of building something of your own — a sentiment small business owners would surely grasp.

That is perhaps the most interesting aspect of GoSite as it exists today: it precisely doesn’t see any of what already exists out there as “the competition.” Instead, Goode sees his purpose as building a dashboard that will help business owners manage all that — with up to 80 different services currently available — and more, from a single place, and with minimum need for technical skills and time spent learning the ropes.

“There is definitely huge demand from small businesses for help and something like GoSite can do that,” Goode said. “The space is very fragmented and noisy and they don’t even know where to start.”

This, combined with GoSite’s growth and relevance to the current market, is partly what attracted investors.

“The opportunity we are betting on here is the all-in-one solution,” said Vinny Pujji, partner at Left Lane. “If you are a carpet cleaner or house painter, you don’t have the capacity to understand or work with five or six different pieces of software. We spoke with thousands of SMBs when looking at this, and this was the answer we heard.” He said the other important thing is that GoSite has a customer service team and for SMBs that use it, they like that when they call, “GoSite picks up the phone.”

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Vivenu, a ticketing API for events, closes a $15M Series A round led by Balderton Capital

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vivenu, a ticketing platform that offers an API for venues and promoters to customize to their needs, has closed a $15 million (€12.6 million) in Series A funding led by Balderton Capital. Previous investor Redalpine also participated.

Historically-speaking, most ticketing platform startups took a direct to consumer approach, or have provided turnkey solutions to big event promoters. But in this day and age, most events require a great deal more flexibility, not least because of the pandemic. So, by offering an API and allowing promoters that flexibility, Vivenu managed to gain traction.

Venues and event owners get a full-featured ticketing, out-of-the-box platform with full real-time dynamic control over all aspects of selling tickets including configuring prices and seating plans, leveraging customer data and insights and mastering a branded look and feel across their sales channels. It has exposed APIs enabling many different custom use cases for large international ticket sellers. Since its Seed funding in March, the company says it has sold over 2 million tickets.

Simon Hennes, CEO and co-founder of vivenu said in a statement: “We created vivenu to address the need of ticket sellers for a user-centric ticketing platform. Event organizers were stuck with solutions that heavily depend on manual processes, causing high costs, dependencies, and frustration on various levels.”

Daniel Waterhouse, Partner at Balderton said: “Vivenu has built a sophisticated product and set of APIs that gives event organisers full control of their ticketing operations.”

vivenu is also the first European investment of Aurum Fund LLC, the fund associated with the San Francisco 49ers. Also investing in the round are Angels including Sascha Konietzke (Founder at Contentful), Chris Schagen (former CMO at Contentful), Sujay Tyle (Founder at Frontier Car Group) and Tiny VC.

In March 2020, vivenu secured €1.4 million in seed funding, bringing its total funding to €14 million. Previous investors include early-stage venture capital investor Redalpine, GE32 Capital and Hansel LLC (associated with the founders of Loft).

Speaking to TechCrunch Hennes said: “You have to send your seat map to Ticketmaster, and then the account manager comes back to you with a sitemap. This goes back and forth and takes ages. With us you have a seating chart designer basically integrated into the software which you can simply change yourself.”

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Nordigen introduces free European open banking API

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Latvian fintech startup Nordigen is switching to a freemium model thanks to a free open banking API. Open banking was supposed to democratize access to banking information, but the company believes banking aggregation APIs from Tink or Plaid are too expensive. Instead, Nordigen thinks it can provide a free API to access account information and paid services for analytics and insights services.

Open banking is a broad term and means different things, from account aggregation to verifying account ownership and payment initiation. The most basic layer of open banking is the ability to view data from third-party financial institutions. For instance, some banks let you connect to other bank accounts so that you can view all your bank accounts from a single interface.

There are two ways to connect to a bank. Some banks provide an application programming interface (API), which means that you can send requests to the bank’s servers and receive data in return.

While all financial institutions should have an open API due to the European PSD2 directive, many banks are still dragging their feet. That’s why open banking API companies usually rely on screen scraping. They mimic web browser interactions, which means that it’s slow, it requires a ton of server resources and it can break.

“If you’re wondering how we’d be able to afford it, our free banking data API was designed purely with PSD2 in mind, meaning it’s lightweight in strong contrast to that of incumbents. So it wouldn’t significantly increase our costs to scale free users,” Nordigen co-founder and CEO Rolands Mesters told me.

So you don’t get total coverage with Nordigen’s API. The startup currently supports 300 European banks, which covers 60 to 90% of the population in each country. But it’s hard to complain when it’s a free product anyway.

Some Nordigen customers will probably want more information. Nordigen provides financial data analytics. It can be particularly useful if you’re a lending company trying to calculate a credit score, if you’re a financial company with minimum income requirements and more.

For those additional services, you’ll have to pay. Nordigen currently has 50 clients and expects to attract more customers with its new freemium strategy.

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