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Epic’s battle with Apple takes a turn as 35 states throw support behind Fortnite maker

Others including Microsoft and the Electronic Frontier Foundation have also filed amicus briefs in support of Epic’s appeal in the Fortnite case.

A group of 35 states, along with Microsoft, the Electronic Frontier Foundation and other organizations, have thrown their support behind Epic Games in the Fortnite maker’s legal battle with Apple. In a brief filed Thursday with the US Court of Appeals for the Ninth Circuit, attorneys general for the states argued that the court should overturn the earlier ruling that Apple’s control over its App Store doesn’t violate antitrust laws.

«Apple’s conduct has harmed and is harming mobile app developers and millions of citizens,» they wrote in the brief.

Apple and Epic have been locked in a court fight over how much control the iPhone maker should have over its App Store. Last year, Epic unsuccessfully argued to a US District Judge in California that Apple should be forced to allow app developers more freedom in how they offer apps to iPhone and iPad owners. However, the judge said Apple’s rules against allowing developers to direct users to other payment systems was anti-competitive, and issued an injunction to allow developers to do so in their apps.

In December, Apple scored another win when the Court of Appeals for the Ninth Circuit agreed to delay that injunction. Apple now has until its appeals process with Epic concludes, which could take years.

Critics of Apple, meanwhile, continue to make their case.

«Apple continues to monopolize app-distribution and in-app payment solutions for iPhones, stifle competition, and amass supracompetitive profits within the almost trillion-dollar-a-year smartphone industry,» the attorneys general wrote in the brief.

Apple said it expects Epic’s challenge will fail.

«We’re optimistic that the ruling will be affirmed on appeal,» said an Apple spokesperson in an emailed statement on Friday. «We remain committed to ensuring the App Store is a safe and trusted marketplace for consumers and a great opportunity for developers.»

In total, 10 briefs were filed in the case on Thursday. Microsoft argued that ruling in favor of the iPhone maker could let the company leverage its «control of iOS to foreclose competition» in adjacent markets.

«If Apple is allowed to step between any company with online services and users of iPhones, few areas of the vast mobile economy will be safe from Apple’s interference and eventual dominance,» wrote Microsoft.

The US Department of Justice, which also filed a brief, declined to take a position on the merits of Epic’s and Apple’s arguments, but said the district court «committed several legal errors that could imperil effective antitrust enforcement, especially in the digital economy.» The DOJ specifically called out the court’s interpretation of the Sherman Act, a key US antitrust law passed in 1890, saying it was read «narrowly and wrongly.»

Epic Games declined to comment on the briefs.

Technologies

Today’s NYT Mini Crossword Answers for Thursday, Dec. 4

Here are the answers for The New York Times Mini Crossword for Dec. 4.

Looking for the most recent Mini Crossword answer? Click here for today’s Mini Crossword hints, as well as our daily answers and hints for The New York Times Wordle, Strands, Connections and Connections: Sports Edition puzzles.


Need some help with today’s Mini Crossword? 1-Across stumped me until I filled in some more letters. Read on for the answers. And if you could use some hints and guidance for daily solving, check out our Mini Crossword tips.

If you’re looking for today’s Wordle, Connections, Connections: Sports Edition and Strands answers, you can visit CNET’s NYT puzzle hints page.

Read more: Tips and Tricks for Solving The New York Times Mini Crossword

Let’s get to those Mini Crossword clues and answers.

Mini across clues and answers

1A clue: Butterfingers
Answer: KLUTZ

6A clue: Letter before beta
Answer: ALPHA

7A clue: Like «ad hoc» or «ad hominem»
Answer: LATIN

8A clue: Prestigious university in Atlanta
Answer: EMORY

9A clue: Word drawn out in speech before «… they’re off!»
Answer: AND

Mini down clues and answers

1D clue: Dinosaur ___, vegetable so-named for its bumpy green texture
Answer: KALE

2D clue: Animal in a Peruvian herd
Answer: LLAMA

3D clue: Sinclair who wrote «The Jungle»
Answer: UPTON

4D clue: Base that’s 90 feet from home
Answer: THIRD

5D clue: Wild and funny
Answer: ZANY


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Technologies

Prices Set by Algorithms: New Yorkers Now See Warnings About Stores Using Personal Data to Set Costs

This new law, already subject to lawsuits, lets shoppers know when companies are quietly raising online prices for certain types of customers.

Online shoppers in New York are now seeing a new warning on product pages thanks to consumer protection legislation that took effect in early November. Particularly noticeable during Black Friday sales were messages that told shoppers: «This price was set by an algorithm using your personal data.»

This piece of legislation requires companies (with exceptions for rideshare apps) to show buyers when they use surveillance pricing to set online prices, potentially raising costs for some people while lowering them for others. 


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So what data are these companies collecting to shift prices? Well, unlike surge pricing, this type of algorithm pricing calculates data related to the individual person or device. That could include the type of device (Android versus iPhone, etc.), your account’s browsing history, recent purchases made from that browser and — most importantly — your location.

In other words, reported examples have shown that items like eggs will increase in cost for wealthy neighborhoods while staying at lower standard costs for less prosperous zones. But it can get far more complicated than that: Some pricing algorithms study millions of online purchases to predict buyer patterns.

A representative for the New York Senate didn’t immediately respond to a request for comment.

Is surveillance pricing legal?

So far, yes. What laws like this New York legislation do is enforce transparency about what may be affecting prices, instead of banning it. And even that was too much for business groups, which immediately sued to block the law in federal court, alleging that it violates the businesses’ First Amendment rights.

It’s not clear whether companies are complying with the law as directed, or what it fully entails, either. The bill requires «clear and conspicuous disclosure» near the price, but some companies appear to be putting the information in a harder-to-spot area behind an information icon at the bottom of a pop-up.

Efforts to control pricing via algorithm

New York isn’t the only state to tackle surveillance pricing. Other states and cities are entertaining similar legislation, as well as complete bans on the practice. But it’s an uphill battle due to the many details and strong pushback from, well, every industry that sells products online.

The most recent example was from September, when California’s congress went through its proposed ban on surveillance pricing and cut out nearly everything. In its current state, the California law would only apply to grocery prices, which is still not a common online purchase. Colorado, Illinois and other states are also working on their own versions of related laws.  

The question of whether shoppers would appreciate transparency laws, or whether they’d be less likely to purchase products if they knew the price was based on their personal data, is tough to answer (what if the algorithms are giving you a lower price than other nearby shoppers?). But the privacy question has a more far-reaching impact: Once shoppers see how much of their personal data is being harvested for pricing, they may start to wonder what else it’s being used for. 

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Technologies

Spotify Wrapped Is Live, Try the Buzzy New Party Game

Wrapped Party and your listening age are the big new features of the music streamer’s yearly wrapper.

Music streaming service Spotify has unveiled new features in its 2025 Wrapped listener recap, including a party game and the most popular albums, at an event in New York City.

Spotify Wrapped is one of the biggest events in the year’s music calendar, and 2025 promises to be even bigger, thanks in part to the new game. Wrapped Party is Spotify’s first multiplayer game included in Wrapped, allowing you to compete against up to nine friends with questions based on your listening habits.

Also read: Best Music Streaming Services

Matthew Luhks, Spotify’s senior director of global marketing, said the new game is the Wrapped feature he’s most excited about.

«I think Wrapped Party is amazing, and it’s something we’ve been talking about for years. Wrapped is usually a solo experience, and now you can play Wrapped with your friends and your family,» Luhks said at the event.

Wrapped Party is one of almost a dozen new features for the company’s viral wrap-up, which also includes your Listening Age (giving this writer an age of 100!) and Top Artist Sprint, which shows your favorite artist listens «racing» over twelve months. This year is also the first time that the recap highlights a user’s most popular albums. 

Read more: Spotify Says I Have the Music Taste of a 79-Year-Old: Is That Bad?

Meanwhile, the new Clubs feature assigns you, Harry Potter sorting hat-style, to one of six fan clubs based on your listening and designates you a role such as «Archivist.»

As with every year, the company also revealed its most popular content across all categories for 2025. After six years in a row, it was no surprise that Joe Rogan had the platform’s most popular podcast, but the biggest upset was when Bad Bunny pipped Taylor Swift for most popular global artist. However, Swift was the most popular artist in the US for 2025.

Other popular categories included:

  • Global top song: Die With A Smile by Lady Gaga & Bruno Mars
  • Global top album: DeBÍ TiRAR MáS FOToS by Bad Bunny
  • Top Audiobook in Premium: Fourth Wing by Rebecca Yarros

To access Spotify Wrapped, look for the Wrapped feed on the Home tab. To find Wrapped Party, just search for it in Spotify or access it at the end of your personalized wrap.

In 2025, almost every streaming service has its own yearly stats roundup, including YouTube’s new Recap feature, but Spotify Wrapped is still arguably the most famous.

Spotify is the most popular music streaming service, with over 100 million tracks, and it currently costs $12 a month for Premium (including audiobooks). The company is rumored to be planning a price increase in early 2026, however.

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