Technology - Google News

Judge issues restraining order protecting Unreal Engine development on iOS - Ars Technica

Posted: 25 Aug 2020 07:42 AM PDT

Epic will be allowed to continue developing Unreal Engine on iOS, even as <em>Fortnite</em> remains blocked on the platform, thanks to a judge's ruling. — Enlarge / Epic will be allowed to continue developing Unreal Engine on iOS, even as *Fortnite* remains blocked on the platform, thanks to a judge's ruling.
Epic

A Northern California federal judge has issued a temporary restraining order blocking Apple from going forward with plans to terminate Epic Games' Apple Developer Program account, which would have had a major impact on the development of Unreal Engine on iOS. At the same time, the judge left in place Apple's current blocking of Fortnite from the iOS App Store after Epic tried to insert an alternative payment platform into the mobile game.

Judge to Apple: Hands off Unreal Engine

In an eight-page ruling issued Monday night, Judge Yvonne Gonzalez Rogers largely accepted Epic's argument that Apple's Xcode and SDK agreement (used for development of Unreal Engine on iOS) is walled off and separate from the Program License Agreement that Epic allegedly breached with its actions regarding Fortnite.

"Apple's reliance on its 'historical practice' of removing all 'affiliated' developer accounts in similar situations or on broad language in the operative contract at issue here can be better evaluated with full briefing," Rogers wrote.

Moreover, in a livestreamed Zoom hearing preceding the ruling Monday night, Rogers told Apple that if it prevailed in the case, "Epic just owes you money... You don't have to take the step of removing access [for Unreal Engine development]... With respect to Unreal Engine, that seems like an overreach."

Even if Epic eventually wins the fuller argument on that score, it would be "too late to save all the projects by third-party developers relying on the engine that were shelved while support was unavailable," Rogers wrote. Thus, a temporary restraining order is necessary to protect the status quo during upcoming court proceedings. "Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem," Rogers wrote.

Judge to Epic: You're hurting yourself

When it comes to Fortnite, however, Rogers largely accepted Apple's argument that any current damage to Epic due to the game's unavailability on iOS has been self-inflicted. There is currently no "irreparable harm" to Epic, Rogers wrote, because "the current predicament appears of [Epic's] own making."

"Your client created this situation," Rogers told lawyers for Epic in Monday night's hearing. "Your client does not come to this action with clean hands... in my view, you cannot have irreparable harm when you create the harm yourself."

In her ruling, Rogers describes Epic's "hotfix" insertion of a "Direct Payments" option in Fortnite on iOS as a "calculated decision to breach its allegedly illegal agreements with Apple by activating allegedly hidden code in Fortnite allowing Epic Games to collect [in-app purchases] directly."

Epic can undo the harm it has incurred by simply deactivating that hotfix and restoring Fortnite to the status quo that existed earlier this month. "That Epic Games would prefer not to litigate in that context does not mean that 'irreparable harm' exists," Rogers wrote.

Previewing what comes next

Monday's hearing was primarily focused on the narrow issue of whether immediate restraining orders were needed to protect Epic from Apple's current and planned actions. But Rogers also offered a preview of her feelings on whether Epic was likely to succeed in its legal arguments against Apple's alleged monopoly power over the iOS app marketplace.

"Epic Games moves this Court to allow it to access Apple's platform for free while it makes money on each purchase made on the same platform," Rogers wrote. "While the Court anticipates experts will opine that Apple's 30 percent take is anti-competitive, the Court doubts that an expert would suggest a zero percent alternative. Not even Epic Games gives away its products for free."

Those arguments will continue to play out in a motion for a preliminary injunction in the case, with a public hearing set for September 28.

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Fitbit’s new Sense can take your skin’s temperature to help you manage stress - The Verge

Posted: 25 Aug 2020 06:00 AM PDT

Fitbit has debuted two new smartwatches, the Sense and the Versa 3. The $329 Sense is the flagship option and is the most capable Fitbit wearable yet. The Versa 3 succeeds the Versa 2 and will cost $229. Preorders for both watches begin today through Fitbit's site, and they'll release in the US in late September.

Though the two new watches look similar, the Sense has a few more advanced health tracking features, such as detailed heart rate scans with atrial fibrillation (afib) detection via the electrocardiogram (EKG) app built into the watch (still pending FDA approval). In that way, it's on par with Apple's and Samsung's recent smartwatches (though, Samsung's EKG capability in the Galaxy Watch 3 isn't available in the US yet).

Where the Sense stands out is with its stress detection features, which it's pitching as something that's crucially needed — especially in today's increasingly stressful world. To take a reading, you hold your palm over the screen and start to breath. The Sense will measure your heart rate, and uniquely, your skin's temperature will be collected with its electrodermal activity (EDA) sensor. If your skin feels hot, chilled, or clammy, the Sense might be able to make sense of why it's happening over time. Fitbit's app will score you on your stress level, with a higher score being better than a lower one.

The EKG and EDA functions aside, Fitbit's Sense and Versa 3 share many of the same smartwatch features. They both have built-in GPS, OLED touchscreens, water resistance up to 50 meters, at least six days of battery life, and a new snap-on magnetic charging mechanism. Both also support Fitbit Pay for contactless payments, and with your Android phone kept nearby, you'll be able to respond to texts and answer calls with either smartwatch via their built-in microphones and speakers.

If you're looking at the less expensive Versa 3, it's worth noting that it seems to address a few pain points of the Versa 2. Fitbit has simplified its strap mechanisms to detach when you push a button on the back of the device. Along with Alexa support for voice queries, Fitbit is adding Google Assistant to the mix, though it won't arrive until winter 2020. Voice assistants weren't particularly handy or elegant to use with the previous-generation Versa, since there wasn't a built-in speaker to play their voices through. This new model remedies that with a speaker that can do that. Additionally, as mentioned earlier, you can take voice calls through the Versa 3 when your Android phone is near.

The last of Fitbit's announcements is the $99 Inspire 2 fitness tracker. It's comparatively basic to the above two devices, though this new iteration features a refined design with a touch panel in place of the Inspire HR's side button. It also touts a 10-day battery life — twice as long as the prior model — and notably, it comes with a full year of Fitbit Premium with purchase. The other two devices detailed above include six-month trials of Fitbit Premium.

It's hard to say if it's worth upgrading if you already own the first-generation Inspire, but $99 seems like a good price for a discreet, water-resistant device that can track your activity and sleep, monitor your heart rate, and push your phone's notifications to your wrist.

Correction: This article incorrectly stated that Samsung's Galaxy Watch 3 hadn't gotten FDA clearance for its EKG feature.

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