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rufo | 5 months ago

> One of the facts established in the verdict was that Google had been slipping Apple more than $20b/year...

While the payments were public knowledge and there was speculation about the amount being somewhere between $8B and $12B, the number had never been confirmed until unsealed in the case, was more than the previous speculation, and was something both Google and Apple wanted to keep under wraps: https://www.theverge.com/2024/5/2/24147007/google-paid-apple...

Thus, it's a fact that was established in the verdict. "Slipping" is possibly a stretch, given the deal itself was at least publicly known? - though the fact both parties wanted to avoid discussion of the deal since its inception makes it feel at least somewhat evasive, so I can see what the word choice gestures towards.

> ...in exchange for which, Apple forbore from making a competing search engine.

From https://www.justice.gov/atr/media/1402141/dl?inline=:

> Cutting off all search-related payments from Google to Apple would strongly alter Apple’s incentives. Rem. Tr. 3825:7–3829:2 (Cue (Apple)) (Apple’s SVP of Services “can’t say [he] would disagree” that “it was a disincentive for us to do a search engine based on the payments that we were receiving from Google”)

> forbear: politely or patiently restrain an impulse to do something; refrain

That seems like a reasonable description of what Eddy Cue stated to me. It certainly wasn't part of the wording of the deal, but if I were Eddy, I'd probably refrain from building a search engine in his shoes.

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