Reading List
The most recent articles from a list of feeds I subscribe to.
★ The Fonts of the U.S. Federal Courts
The Ninth Circuit Appeal Ruling in ‘Epic v. Apple’ That Apple Is Seeking to Overturn at the Supreme Court (PDF)
Following up on yesterday’s item re: Apple’s petition to the Supreme Court, here’s the Ninth Circuit ruling. It starts with a “Summary” that is specifically intended for the convenience of the reader. Page 50 is where it covers Apple’s argument regarding Trump v. CASA as precedent that an injunction on commissions should apply only to Epic Games, not to all developers in the U.S. App Store.
Zero Sum Problems and Apple Sports
Kieran Healy kindly accepted my implicit homework assignment yesterday, and wrote a piece on Apple Sports’s bizarre “zero sum” team stats visualization:
It also doesn’t do away with the core problem. That problem is principally one of information design rather than data visualization. What I mean is that what we’re trying to organize is, in effect, fifteen pairs of related but fundamentally distinct numbers. If we had fifteen cases and two variables things would be simple. But with fifteen variables and two cases … well, this is not the kind of thing you can make a single effective and non-confusing graph out of. That’s why I kind of sympathize with the designer. In a constrained space they have to show thirty numbers (thirty two, including the score). Lots of information. A straight table seems like it would be boring. Surely there’s some way to thematically integrate the numbers in a visually appealing manner that brings out some of the relationships across the rows. That’s what graphs do; it seems like the right thing to reach for. But at its heart this information is not a graph. It just sort of looks like one, and that ends up confusing people.
Just a crackerjack explanation for why this presentation in Apple Sports is confusing, and for why it is a difficult problem to solve. The problem is further complicated by the fact that Apple Sports shows the same screen for all sports, just with different sport-specific stats. I think the solution is to just present these numbers in a table. Yes, tables are boring. But they’re not confusing. What Apple Sports is doing, in an attempt not to be boring, is confusing.
Sidenote: Healy writes:
I don’t know much about basketball, but I do know a bit about data visualization and in a pleasing coincidence my former student Josh Fink is the A-VP of Basketball Data Science for the Spurs.
I don’t want to get Healy in any trouble, especially after he responded to my prompt with such a remarkably thoughtful, helpfully illustrated little essay, but I was under the impression that it’s illegal for any professor at Duke not to know much about basketball.
Stephen Colbert’s ‘The Late Show’ Finale
James Poniewozik, writing for The New York Times (gift link):
He didn’t land the pope, but he got a Beatle. He didn’t have a new project to announce, but he left us with a song (in fact two). He didn’t choose to end his show, but he ended it his own weird, wonderful way.
Stephen Colbert hosted his final “Late Show” on Thursday night, completing the story of the TV year’s most notorious and rancorous cancellation. But his final hour-plus — an emotional and delightfully bizarre wake for a comedy institution — turned it into a cancellebration. [...]
In fact, the episode gradually revealed a story arc, more like the closing episode of a surreal comedy than of a talk show.
Series finales are so difficult to do well. I find them compelling even when they fall a little flat. Colbert’s finale last night was just amazingly good. Good and fun and surprising and perfectly on-brand. And what a song to end on. Perfect.
Apple Seeks Supreme Court Review of Contempt Finding and Injunction Scope in Epic Games Case
Marcus Mendes, reporting for 9to5Mac:
Apple today filed a request with the Supreme Court in an attempt to reverse key lower court rulings over the App Store injunction in its long-running legal battle with Epic Games. [...] In its petition, Apple is asking the Supreme Court to review two questions.
The first is whether Apple should have been held in contempt for charging a commission on purchases made outside the App Store. The second is about the scope of the injunction.
On the first point, Apple argues that the original injunction did not specifically address commissions. Instead, it says the order only prevented Apple from blocking developers from including buttons, external links, or other calls to action directing users to external purchasing options.
According to Apple, that is not the same as saying the company could not charge a commission on those purchases. The Ninth Circuit acknowledged that the text of the injunction did not address commissions, but still upheld the contempt finding by relying on the idea that a party can violate the “spirit” of an injunction, even when the injunction does not specifically prohibit the conduct at issue.
Apple’s argument here is that only the letter of the law matters, and the letter of the injunction did not say anything about charging commissions on external payments, and thus they can’t be held in contempt for violating something that was never spelled out explicitly.
As for the second point, regarding scope, Apple argues that the injunction extends far beyond Epic itself, as it applies to all registered developers worldwide with apps on the U.S. App Store storefront. That includes developers that were never part of the Epic case, and, as Apple has pointed out before, even companies that compete with Epic.
Apple argues that this directly conflicts with the Supreme Court’s 2025 decision in Trump v. CASA, which limited the ability of federal courts to issue broad injunctions that go beyond the parties actually involved in a case.
Apple’s argument here is that even if the Supreme Court upholds the contempt finding, the exemption from commissions should only apply to Epic, not to all developers in the U.S. App Store. I am definitely not a constitutional law scholar, but I think this would have been a long-shot argument pre-CASA. But post-CASA I think Apple might have something here, with this Court.
Apple’s full petition is not yet publicly available, but should be soon from the Supreme Court’s website. I’ve seen a copy, and Mendes’s summary jibes with my reading. In the meantime, here’s SCOTUSblog’s index page for Trump v. CASA, and here’s Mila Sohoni’s analysis of the CASA ruling.