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Tim Cook, chief executive officer of Apple Inc., center, arrives at U.S. district court in Oakland, California, on Friday, May 21, 2021.
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Apple filed a notice of appeal in the Epic Games case and is asking for a stay on the injunction that lets developers add in-app links to payment websites, according to company representatives and documents filed on Friday.

If Apple wins the stay, which will be decided by a judge in November, a rule change potentially allowing developers to circumvent App Store fees of 15% to 30% may not take effect until appeals in the case have finished, a process that could take years.

Federal judge Yvonne Gonzalez Rogers ruled in September in favor of Apple for nine of 10 counts in an antitrust trial brought by Epic, the maker of Fortnite. Epic was seeking the ability to install its own app store on iPhones. Kate Adams, Apple’s general counsel, said at the time the ruling was a “huge win.”

But Apple was also ordered to make a major change to its store and allow mobile apps to steer consumers to outside payment methods, providing a way to potentially evade Apple’s App Store fees.

That injunction is currently scheduled to go into effect on Dec. 9.

Apple hasn’t publicly explained how its App Store policies would change under the order, but some developers have already started to build software based on their interpretation of the ruling.

“At a high level, it is my judgment that, without thoughtful restrictions in place to protect consumers, developers, and the iOS platform, this change will harm users, developers, and the iOS platform more generally,” Trystan Kosmynka, Apple’s senior director of App Review, said in a filing on Friday.

Apple may be able to change its App Store policy and engage in discussions with the judge, eliminating the need for an injunction, Apple representatives said.

In the past year, Apple has made several small concessions to critics of its app distribution rules in response to lawsuits and regulatory attention as part of a strategy to limit more major changes to its App Store. Apple has argued that it should be able to decide what software is allowed to operate on iPhones in order to deliver what the company says is a better user experience.

In a filing describing its reasoning for the stay, Apple cites some concessions it made as part of a separate settlement with small developers in August. That settlement is still pending Judge Rogers’ approval.

“The requested stay will allow Apple to protect consumers and safeguard its platform while the company works through the complex and rapidly evolving legal, technological, economic issues that any revisions to this Guideline would implicate,” Apple lawyers said in a court filing.

The judge also ordered Epic to pay damages to Apple. Epic Games filed a notice of appeal in September. An Epic Games representative wasn’t immediately available for comment.

If app makers are ultimately able to bill their own customers directly, without using Apple’s in-app purchase system, it would threaten a profit engine for the company. The App Store is part of the company’s services business, which reported $53.8 billion in sales during fiscal 2020 at a 66% gross margin, accounting for about 20% of Apple’s revenue.

This story is developing. Please check back for updates.

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Microsoft expects to spend $80 billion on AI-enabled data centers in fiscal 2025

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Microsoft expects to spend  billion on AI-enabled data centers in fiscal 2025

Vice Chair and President at Microsoft, Brad Smith, participates in the first day of Web Summit in Lisbon, Portugal, on November 12, 2024. The largest technology conference in the world this year has 71,528 attendees from 153 countries and 3,050 companies, with AI emerging as the most represented industry. (Photo by Rita Franca/NurPhoto via Getty Images)

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Microsoft plans to spend $80 billion in fiscal 2025 on the construction of data centers that can handle artificial intelligence workloads, the company said in a Friday blog post

Over half of the expected AI infrastructure spending will take place in the U.S., Microsoft Vice Chair and President Brad Smith wrote. Microsoft’s 2025 fiscal year ends in June. 

“Today, the United States leads the global AI race thanks to the investment of private capital and innovations by American companies of all sizes, from dynamic start-ups to well-established enterprises,” Smith said. “At Microsoft, we’ve seen this firsthand through our partnership with OpenAI, from rising firms such as Anthropic and xAI, and our own AI-enabled software platforms and applications.”

Several top-tier technology companies are rushing to spend billions on Nvidia graphics processing units for training and running AI models. The fast spread of OpenAI’s ChatGPT assistant, which launched in late 2022, kicked off the AI race for companies to deliver their own generative AI capabilities. Having invested more than $13 billion in OpenAI, Microsoft provides cloud infrastructure to the startup and has incorporated its models into Windows, Teams and other products.

Microsoft reported $20 billion in capital expenditures and assets acquired under finance leases worldwide, with $14.9 billion spent on property and equipment, in the first quarter of fiscal 2025. Capital expenditures will increase sequentially in the fiscal second quarter, Microsoft Chief Financial Officer Amy Hood said in October.

The company’s revenue from Azure and other cloud services grew 33% year over year, with 12 percentage points of that growth stemming from AI services.

Smith called on President-elect Donald Trump‘s incoming administration to protect the country’s leadership in AI through education and the promotion of U.S. AI technologies abroad.

“China is starting to offer developing countries subsidized access to scarce chips, and it’s promising to build local AI data centers,” Smith wrote. “The Chinese wisely recognize that if a country standardizes on China’s AI platform, it likely will continue to rely on that platform in the future.”

He added, “The best response for the United States is not to complain about the competition but to ensure we win the race ahead. This will require that we move quickly and effectively to promote American AI as a superior alternative.”

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Microsoft plans to spend $80 billion to build out AI this year

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Foreign phone sales plunge 47% in China spelling trouble for Apple

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Foreign phone sales plunge 47% in China spelling trouble for Apple

An Apple flagship store in Shanghai, China, October 15, 2024.

Cfoto | Future Publishing | Getty Images

Sales of foreign phone brands in China plunged in November, according to official data released Friday, underscoring further pressure on Apple, the biggest international handset vendor in the country.

In November, foreign mobile phone shipments in China stood at 3.04 million units, according to CNBC calculations based on data from the China Academy of Information and Communications Technology, or CAICT.

That’s a fall of 47.4% from November 2023, and a 51% drop from October last year.

CAICT does not break down figures for individual brands, however Apple accounts for the majority of foreign mobile phone shipments in China with competitors like Samsung forming only a tiny part of the market.

The figures highlight the mounting pressure Apple is under in the world’s largest smartphone market as it battles rising competition from domestic brands.

Huawei, for instance — whose handset business was crippled by U.S. sanctions — saw a resurgence in the back end of 2023 and has aggressively launched high-end smartphones in China that have proved popular with local buyers.

Huawei’s growth far outstripped Apple in the third quarter of last year, according to the latest data from research firm IDC.

Apple is hoping its iPhone 16 series, which was released in September, will help the company regain momentum in China, with the Cupertino, California, tech giant promising a host of new artificial intelligence features via its Apple Intelligence software.

However, Apple Intelligence is not yet available in China due to complex regulations around AI in the country.

In the meantime, some of Apple’s domestic rivals have been touting their own AI features that are available on devices now.

In a show of how critical China is for the iPhone giant, Apple CEO Tim Cook visited the country multiple times last year in an effort to shore up partnerships for Apple Intelligence with local Chinese firms.

In a bid to spur interest in the iPhone 16, Apple will begin discounts for the device on Saturday as part of a Lunar New Year holiday promotion.

Apple did not immediately respond to a request for comment.

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Meta replaces Global Affairs President Nick Clegg with Joel Kaplan ahead of Trump inauguration

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Meta replaces Global Affairs President Nick Clegg with Joel Kaplan ahead of Trump inauguration

Facebook vice president of global public policy Joel Kaplan and Facebook CEO Mark Zuckerberg leave the Elysee Presidential Palace after a meeting with French President Emmanuel Macron on May 23, 2018 in Paris, France.

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Facebook parent Meta is replacing President of Global Affairs Nick Clegg with Joel Kaplan, the company’s current policy vice president and a former Republican party staffer.

The shake up comes three weeks before President-elect Donald Trump’s inauguration, and it’s the latest sign of how tech companies are positioning themselves for a new administration in Washington.

Clegg, a former British deputy prime minister, said he is stepping down, citing the new year as the right time to move on. He’ll be replaced by Kaplan, who will take on the title of Chief Global Affairs Officer.

Kaplan was a staffer under former President George W. Bush, and he appeared at the NYSE with Vice President-elect J.D. Vance and Trump in December. He also attended Supreme Court Justice Brett Kavanaugh’s confirmation hearing in 2018 as a personal friend, causing a controversy for the social media company.

“I will look forward to spending a few months handing over the reins — and to representing the company at a number of international gatherings in Q1 of this year,” Clegg wrote in a memo to his staff that he shared on Facebook on Thursday.

Clegg joined the company in 2018 after a career in British politics with the Liberal Democrats party, and he helped Meta navigate incredible scrutiny, especially over the company’s influence on elections and its efforts to control harmful content. Clegg also helped steer the company through the Cambridge Analytica scandal, in which Facebook shared user data with third-party political consultants. He also represented the company in Washington and London, frequently at panels for artificial intelligence and at congressional hearings.

“My time at the company coincided with a significant resetting of the relationship between ‘big tech’ and the societal pressures manifested in new laws, institutions and norms affecting the sector,” Clegg wrote.

In his note, Clegg said that former Federal Communications Commission chairman Kevin Martin would replace Kaplan as Meta’s vice president of global policy. He mentioned that Kaplan would work closely with David Ginsburg, the company’s vice president of global communications and public affairs.

“Nick: I’m grateful for everything you’ve done for Meta and the world these past seven years,” Meta CEO Mark Zuckerberg said in a statement. You “built a strong team to carry this work forward. I’m excited for Joel to step into this role next given his deep experience and insight leading our policy work for many years.”

Semafor first reported the news.

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