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Convenient or Monopolistic? Epic’s Challenge to Apple’s “Walled Garden”

On August 13, 2020, Epic Games, the developer and publisher of the massively popular online game Fortnite, tried something that most companies would be too scared to do. They picked a fight with Apple. On that day, Epic announced a 20% discount on “V-Bucks,” Fortnite’s in-game currency, but only if they purchase it directly from Epic, rather than through Apple’s App Store.

This was an intentional violation of Apple’s terms of service, as Apple takes a 30% commission of all in-app purchases, and Epic wanted that extra money for itself. Within hours, Apple took Fortnite off the App Store for violating its terms of service, with a lawsuit by Epic quickly following [1].

On September 10, 2021, that lawsuit received a ruling. The judge sided with Apple on nine of ten counts, but ordered Apple to loosen restrictions on alternative payment options [2]. However, Apple CEO Tim Cook still stated that, even if an app uses a non-Apple payment option, Apple would still invoice the 30% commission [3]. So, what’s next? Epic appealed the ruling, but for now, Apple still maintains tight control over the apps on its App Store. Ultimately, this case highlights the uniqueness of Apple’s software philosophy, and how its relationships with third-party developers frequently draw ire.

A Walled Garden

For years, Apple’s software philosophy has been described as a “walled garden.” This means that Apple’s software is simple, secure, and easy to use for the consumer. However, Apple also strongly dissuades or even forbids users and developers from leaving their walled garden. Apple states that this approach is necessary to protect its users, and also to differentiate itself from Android, a competitor with a more open ecosystem [4]. Ultimately, this leads to increased simplicity for the user, along with increased dependence on Apple software. So while this approach does protect users from dubious third parties, it also entraps users into Apple’s ecosystem as well.

While Apple claims that its walled garden approach is to offer increased security and simplicity for its users, there are other reasons why Apple uses this philosophy. Because Apple has full control of its ecosystem, it can enforce practically any rule it wants. This includes a 30% commission on in-app purchases. Unfortunately, for third-party developers, this means putting up with Apple’s demands or risk getting kicked out of the garden. And that’s exactly what happened with Epic Games.

The Legal Argument

The main conflict of Epic Games vs. Apple focused on whether Apple’s walled garden approach violates antitrust law. Specifically, Apple’s requirement to force users to only purchase in-game items through the App Store, rather than through another party, was used as evidence of monopolistic behavior [2]. On the other hand, Apple argued that they are free to do business (or not do business) with any other company, and that their restriction of third-party payment services was within their rights as a business. Simply put, this case pitted first-party hardware and third-party software developers against one another.

Ultimately, the court ruled with Apple on nine of ten counts, with Epic stating their intention to appeal their decision [2]. In the one ruling against Apple, Judge Yvonne Gonzalez Rogers stated that “Apple created a new and innovative platform which was also a black box. It enforced silence to control information and actively impede users from obtaining the knowledge to obtain digital goods on other platforms. Apple has used this lack of knowledge to exploit its position [2].” However, because the judge ruled in favor of Apple in the other nine counts, few changes are likely to occur.

While there was potential for a landmark ruling that would shake Apple to its core, the actual ruling that was handed down will likely not have a massive effect on either company. The only change Apple must make is to allow developers to use third-party payment services. However, nothing is stopping Apple from collecting the 30% commission from those third-party developers. Ultimately, while this court ruling had the potential for massive change, the judge’s ruling ensured that Apple’s walled garden philosophy will continue.

Security and Your Rights

While Apple argued that its App Store policies were there to protect users, we know that isn’t the main reason for those restrictive rules. Simply put, the purpose of Apple’s walled garden approach is to keep users locked into the Apple ecosystem. While some users do prefer this method, and it can protect users from unsavory third-party developers, it still infringes upon the rights of consumers.

Unfortunately, this philosophy is all too common with Big Tech companies. Sacrificing privacy is a big win for Big Tech, but a huge loss for privacy rights. Corporations continue to collect hoards of personal data to sell to advertisers, while your privacy is violated. With Amazon, Google, and others offering endless new ways to collect your data, it’s fair to ask: Are you the customer, or the product?  

Thankfully, there are businesses that prioritize security and personal rights. That’s where AXEL comes in. AXEL believes that privacy is a human right. With this in mind, we created AXEL Go, a secure file-sharing and storage software. Offering industry-leading encryption and decentralized blockchain technology, AXEL Go is the best way to protect yourself or your business from unauthorized cybercriminals. With AXEL Go, there’s no compromise between security and privacy rights. After all, our business is protecting your data, not collecting it. If you’re ready to try the most secure file-sharing and storage software, get two free weeks of AXEL Go here. 

[1] Statt, Nick. “Apple Just Kicked Fortnite off the App Store.” The Verge. August 13, 2020. https://www.theverge.com/2020/8/13/21366438/apple-fortnite-ios-app-store-violations-epic-payments.

[2] Newman, Daniel. “Does The Epic Ruling Open The Door For Apple’s Competition?” Forbes. September 16, 2021. https://www.forbes.com/sites/danielnewman/2021/09/16/does-the-epic-ruling-open-the-door-for-apples-competition/.

[3] Adorno, José. “Apple Can Still Charge Its App Store 30% Fee Even after Epic Ruling, Analysts Say.” 9to5Mac. September 14, 2021. https://9to5mac.com/2021/09/14/apple-can-still-charge-its-app-store-30-fee-even-after-epic-ruling-analysts-say/.


[4] Beres, Damon. “All the New Ways Apple Is Trying to Take Over Your Life.” Slate Magazine. June 08, 2021. https://slate.com/technology/2021/06/apple-wwdc-ios15-new-features-walled-garden.html.

Data Privacy and Security Increase Profitability in the Cannabis Industry

Experts estimate that the cannabis industry is currently worth $60 billion, and that number is predicted to grow to $100 billion by 2030. As this industry grows and the customer base gets larger, so too does the need for modern data custody technologies. It might not be obvious at first glance, but data custody and security are critical components of running a successful cannabis business. Here are four reasons why.

The Importance of Data Security in the Cannabis Industry

First, medical dispensaries could be considered “healthcare providers” under the Health Insurance Portability and Accountability Act (HIPAA). Under HIPAA, healthcare providers must implement safeguards to prevent the incidental disclosure of any patient’s “protected health information.” Disclosures could result in a fine of up to $50,000 per disclosure. 

Second, each cannabis company has numerous trade secrets to protect. These could include growing processes, distribution plans, recipes for edibles, extraction techniques, soil mixtures, etc. The theft of any of these trade secrets could be disastrous to a company.

Third, cannabis companies must comply with (sometimes conflicting) state laws. For example, in California, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) requires cannabis delivery companies to maintain records of every person who receives a delivery. At the same time, the California Consumer Privacy Act (CCPA) gives customers the right to demand that companies delete any records pertaining to them.

Fourth, data breaches result in damage to a company’s reputation. Dispensaries often sell T-shirts and other merchandise stamped with the company logo to foster customer loyalty, but a newsworthy data breach could shake that loyalty. Further, data breaches could damage the industry’s image as a whole and become a roadblock to legalization efforts at the federal level.

Room for Improvement

Last year, a group of ethical “white hat” hackers located a breach in the THSuite point-of-sale system, which is used by many dispensaries. Through the breach in THSuite, the hackers were able to access roughly 85,000 unencrypted files containing the personally identifying information of 30,000 people, including names, phone numbers, addresses, emails, birthdays, images of state-issued IDs, signatures, quantities of cannabis purchased, and medical ID numbers. 

This breach, and all the reasons discussed above, highlight the need for modern technological solutions. The International Cannabis Bar Association (INCBA) and AXEL are working together to bring these solutions to Bar members. INCBA members will now receive a 20% discount when they sign up for Premium or Business Plan subscriptions of AXEL Go. AXEL Go is the safest way to collect, store and share files during in-office, hybrid and remote work situations.

AXEL’s patented blockchain technology and AES-256 encryption help attorneys collect, store, and share client files in a user-friendly manner that is impervious to hackers, unauthorized access, and ransomware attacks. The decentralized nature of the network ensures that there is no single point of failure. Further, files uploaded to the AXEL network are heavily encrypted, sharded, and scattered between 400+ different global servers, providing a high level of security without sacrificing speed. Sensitive files and shifting regulatory frameworks in the cannabis industry call for an abundance of caution permitted by AXEL Go. INCBA members can sign up for a 14-day trial of AXEL Go and redeem discounts here.

Lawyers are the New I.T.: Tech Tips for Legal Professionals

As workplaces embrace modern technology more than ever before, knowledge of that technology is essential. No matter your job, employees must possess some amount of technical skill in order to maintain efficiency and complete their tasks. Even the most traditional law firms in the United States use some amount of technology. However, no matter if you work at a more traditional firm or one that has gleefully embraced legal tech, we can all become more advanced and efficient with our technology.

From increasing efficiency to protecting your business (and your clients), these tech tips will help ensure your firm is offering the very best.

Embrace New Tech

This may sound simple, but embracing new technology is one of the best ways to stay efficient and safe in the workplace. No, you don’t have to buy new computers every six months, but being aware and researching new programs can give you an edge over the competition. Find out what software can help automate your tasks, or what legal tech program saves your firm valuable time.

The best businesses are all embracing the technology that is available to them. However, change can certainly be scary. After all, many of us learned to work from home, using new software and programs that we weren’t used to. It was undoubtedly stressful to learn so many new programs in a short amount of time. But after a bit, we got used to it. We mastered the new technology, and are more efficient and successful because of it. Using new technology can be daunting, but it undoubtedly helps yourself and your business in the long run.

Update, Update, Update

Updating your software is one of the most important (and easiest) tech tasks to complete. We’ve all seen them and occasionally ignore them. Restarting a device in the middle of a workday can certainly be annoying, but it’s vital to do so. Software updates patch security holes and other vulnerabilities in your software. And as we’ve seen with the numerous ransomware attacks this year, cybercriminals will find these vulnerabilities and exploit you and your business without hesitation. Updating your operating systems and security software will give you more protection against these threats.

Take Advantage of Free Trials

Many legal tech providers offer free trials of their products for firms. Use them! Test out new programs often to see if it works for your firm. Don’t become complacent simply because you’re used to a certain software. If there’s software that fits your firm’s needs better, try it out.

Technology has never been stagnant; it advances quickly, and new programs that maximize efficiency can come quickly as well. Being open-minded about new programs and software will help ensure your firm is as efficient as possible. Of course, this doesn’t mean you should change your entire firm’s software every week, but learning about and testing out new programs will keep you knowledgeable about the technology that could potentially help your firm. And when a new program comes out that works perfectly for your workplace, you’ll be the first to take advantage of it.

Learn Your Technology

Most of us know the basics of computers and common software, but there are so many more things to learn. From the classic “Ctrl + C” and “Ctrl + V” for copying and pasting to the most advanced Excel commands, there are so many ways to maximize efficiency with shortcuts. Take an afternoon to learn and practice shortcuts that can help your efficiency at the office. And when your business upgrades to new software, learn that software quickly as well! Learning the ins and outs of programs can save you hours per day, leaving more time available for other projects.

In addition to learning about your technology, you should learn what to do when the technology suddenly stops working. From Internet outages to hardware malfunctions, be aware of common troubleshooting techniques to help prevent costly, efficiency-killing problems throughout the office. Learning these techniques can save you both time and money.

Backup Your Documents

Unfortunately in today’s digital era, online documents are constantly in jeopardy. Security holes, data breaches, and cybercriminals all pose a threat to data in the cloud. The solution? Make sure your data is available offline. This means putting your documents (yes, all of them) onto a physical hard drive, safe from online dangers.

In addition, you should update your hard drive often. Don’t make it a one-and-done task; update your hard drive monthly. This ensures that all of your data, including your most recent documents, are safe and secure from cybercriminals and ransomware attacks. After all, they can’t hold your data hostage if you already have it offline. So while this is a monthly task that takes some time, it gives yourself and your business peace of mind, with the knowledge that your data will always be available.

Encrypt Your Data

Finally, to truly protect your data, encryption is the way to go. Encryption changes your data into a code, and can only be accessed with a “key” to that code. This means if hackers got ahold of your encrypted data, they would have nothing of value. It really is the ultimate form of protection from cybercriminals and data breaches.

However, not all encryption is built the same. For example, AXEL Go, AXEL’s file-sharing and cloud-storage software, offers industry-leading AES 256-bit encryption. While 256-bit encryption may not sound impressive, in practice, it is astoundingly secure. The number of potential combinations to find the “key” is a massive 78-digit number. Experts estimate it would take the world’s fastest supercomputer billions of years to find the encryption key. So even if thieves got their hands on your encrypted data, it’s worthless to them, but usable for you.

Get Two Free Weeks of AXEL Go

If you’re ready to embrace new technology and protect your data, try two free weeks of AXEL Go. AXEL Go is a file-sharing software with an unwavering focus on security. AXEL Go lets employees share, store, and collect documents securely, all in a simple, easy-to-understand user interface. Offering blockchain technology, military-grade encryption, and digital “shredding,” AXEL Go offers the perfect marriage of simplicity and stringent security. To try AXEL Go for free for two weeks, click here.

Common Pitfalls when Attorneys Adopt New Technology

The legal industry faces unique challenges to the adoption of new technology and digital transformation efforts. This article will discuss the most typical obstacles and introduce a framework that will help firms analyze whether a new tech solution is likely to integrate successfully.

Impediments to technological progress in the legal sector

Time investment. As you likely know, being an attorney isn’t a regular 9-5 job. A recent survey claims lawyers work an average of 66 hours per week[1]. That’s like a typical full-time and part-time job combined. So, all but the largest firms with dedicated IT teams can’t afford to spend too much time implementing new technology. Small firms and solo practitioners simply don’t have the resources to research, test, and deploy complex tech solutions.

Cybersecurity and confidentiality concerns. Legal professionals have needs that go above and beyond the average office worker when it comes to digitization. Due to attorney-client privilege and the ethical responsibility to maintain data security, attorneys need to be extra careful when upgrading their technology. They may have to look for approved ‘legal tech’ solutions when off-the-shelf consumer products don’t meet these standards.

The “billable hour” issue. Although there may be a shift in billing practices in a few firms, most still rely on the time-tested “billable hour” method. It may seem like a paradox, but the increase in efficiency new tech can bring might actually reduce a firm’s profitability due to fewer billable hours plus the cost (initial and ongoing) of the technology itself. While an increase in clients due to more free time could offset this problem, the demand for legal services, especially in less populated regions, probably won’t rise at the same rate.

The partnership model. The traditional hierarchy of law firms puts the “partners” at the top. Depending on the organization’s size, many decision-makers would need to approve any new legal tech initiative. This alone makes it an uphill battle, but add in the fact that partners tend to be older people who may not see technological advancement as a priority, and it becomes a serious deterrent. Obviously, this is a much more significant obstacle at larger firms, but any practice will multiple partners could face a difficult situation.

The “ignorance is bliss” dilemma. Solo practitioners and small firms don’t have the resources of their more massive brethren. This means that tech policies and solutions mega-firms implement have a hard time trickling down. Unfortunately, this can lead to solo practitioners developing an “ignorhttps://www.axel.org/the-10-worst-data-breaches-of-the-decade/ance is bliss” mantra, even if they don’t necessarily believe that to be the case.

For example, whereas large organizations may completely ban the use of insecure applications such as Dropbox for confidential file transfer or storage, smaller practices could still use them due to familiarity. They don’t search out current best practices for data storage because they may fear switching and disrupting their workflow.

While this is an understandable reaction, we urge attorneys to push through this bias for their own sake. After all, if a serious data breach occurs and the lawyer has not lived up to their ethical responsibilities, it becomes an even worse situation.

The innovation-decision process

We recommend running through the innovation-decision process before making conclusions about a particular technology’s viability for your firm. This process goes as follows:

  1. Assess comparative advantage. Does the new technology offer a substantial upgrade to your current systems? Define these advantages and review the overall impact they will have.
  2. Analyze compatibility. Does the solution fit into your existing workflow? If not, what resources will you need to allocate to adapt your business practices?
  3. Consider complexity. If you do need to adapt, calculate the cost-benefit analysis (not just financial, but also psychological) of doing so. Will it be a complicated endeavor? Do the results outweigh these complexities?
  4. Evaluate trialability. See if the vendor offers any sort of trial or demo. You can test out the solution, receive critical feedback and preliminary effectiveness metrics before committing to the entire project.

If you go through this process and discern that the tech is worth using, you will be much more confident in the solution and have a greater chance for success.

Your firm and AXEL Go

While the decision will still be challenging in many instances, sometimes the Universe serves up a no-brainer. AXEL Go is a secure, private file-sharing and cloud storage solution that overcomes the common obstacles and scores well on the innovation-decision process.

With the sudden shift toward working remotely, many attorneys find themselves in need of an easy-to-use file-sharing application that can fit seamlessly into their legacy workflow while providing more robust data security. AXEL Go is the perfect solution for any such lawyer. It has many innovative advantages, including:

  • Industry-leading security. AXEL Go runs on a secure, decentralized network that features blockchain integration and file encryption. Documents stored on the network go through a process of “digital shredding,” where only the uploader and recipient (if there is one) have access to the complete file.
  • Secure Fetch. Think of it as a digital courier. You send a secure, encrypted link to a recipient and request certain sensitive documents. They upload the necessary files, and you receive a notification for download. Recipients do not need AXEL Go accounts, meaning you don’t have to badger clients or colleagues to sign up for new services or software. You get to meet data security guidelines without any hassle or inconvenience.
  • Microsoft Outlook integration. You can now send confidential data via email without having to rely on insecure attachments. Using our Outlook plugin, you can send fortified AXEL Go links directly in an email with the click of a button. It’s a simple process that fits within traditional workflows.

With partnerships with the State Bars of states such as Connecticut, Florida, Nevada, and Georgia, it’s fair to say the legal community sees the unique value proposition AXEL Go offers.

According to a 2021 survey by ALM[2], 56% of legal teams consider “data privacy and security” as their primary focus for 2021. It makes sense when you understand the high probability of attempted hacks and data breaches every firm faces today. Don’t just wait around waiting for the inevitable. Be proactive and protect your most sensitive information with AXEL Go.

If you’re interested in seeing it in action, you can enjoy a completely unlocked trial of our Premium service for 14-days. Sign up today and see the AXEL Go difference for yourself.

[1] “How Many Hours A Week Does A Lawyer Work?”, careerigniter.com, https://www.careerigniter.com/questions/how-many-hours-a-week-does-a-lawyer-work/

[2] “What Do Legal Professionals Expect From 2021?”, Mitratech.com, 2021, https://mitratech.com/resource-hub/whitepapers/alm-survey-legal-tech-plans-2021/

Why Data Breaches are so Damaging and how the Law has Failed Consumers

Very few times in history have a group of people sat down with the purpose of writing a set of new laws to improve society. Instead, what usually happens is that laws are written to solve specific problems. This leads to a litany of laws piling up over the decades. While it could always be debated how effective a particular law might be at accomplishing its goal, the rapid pace of technological advancement over the past 20 years – especially as compared to the pace of the lawmaking process – has introduced new challenges as laws become quickly outdated, sometimes even by the time they take effect.

The results of this are acutely apparent in the cross-section between the fields of cybersecurity and consumer protection, namely data breaches.

The magnanimity of consumer protection laws in the United States were written for a society concerned with immediate product safety and compensation for resulting injuries, not for the nebulous and incalculable injuries that may be sustained by potential millions when private records are exposed.

Why are data breaches so damaging?

The unique problem of data breaches stems from the fact that the breach of privacy carries in of itself no specific harm. Instead, it is the later misuse of information that has been breached that may lead to ensuing harm. However, with data breaches occurring on a near-daily basis, the causality of specific financial or reputational damage is nigh impossible to link to a single breach causally; with our laws written around the concept of calculable damages being the source of justified remuneration, we are left constantly and increasingly victimized but unable to seek just compensation.

Some would argue that even more problematic is the irreparable nature of many of the most severe data breaches. Once a name and social security number are leaked, that identity is permanently and irreversibly at risk for being used fraudulently. While one could always apply for a new social security number, the Social Security Administration is extremely reluctant to issue new identities, and while that is a debate for another time, it goes to show just how difficult it can be to recover from a breach. Victims are permanently marred and at increased risk for future injuries resulting from a single breach, no matter how much time has passed.

Because of the damage resulting from a data breach being so far removed temporally and causally from the actual breach itself, adequate compensation is rarely won, if it is even sought. Was it the Equifax breach, the MoviePass breach, or one of the innumerable other breaches this year that resulted in your identity being stolen and used to take out fraudulent loans a decade from now?

Moreover, even if you should find that it was MoviePass’ negligence that leads to your identity being stolen, what compensation can you seek from a company that has been defunct for years? Our laws were not written to address these issues adequately. Our legal system often does not ponder questions of uncertainty and possibility, and that’s the perfect summary of what victims face in the aftermath of a breach; uncertainty and possibilities.

For all the uncertainty victims face, the solutions going forward as a country are equally opaque.

It would be easy to write some draconian law to punish companies for exposing private data, but as is often the case, that could have unintended consequences, such as pushing data overseas where even looser security and weaker privacy laws may exacerbate the problem. Instead, it’s going to take a significant shift in our collective-consciousness over how data is handled.

Laws written for managing telecommunications and transmissions in that era are being used to handle complex cybersecurity and data privacy cases.

This can’t come just from one party though; companies need to seriously consider what data they need to collect, and what information needs to be retained on a long-term basis. Consumers have to take ownership of their data and demand a higher quality of service from corporations and governments over how their data is collected and used.

As a whole, we must recognize the value of data, and the dangers we expose ourselves to by collecting it (and why it might even be best to not collect data at all in many circumstances).

Just like holding valuables such as gold and art entails a security risk, so too does data. If people started treating data like the digital gold it really is, maybe then we could all come together to work out a solution.

But until then, I’ll be keeping my data to myself.

Keeping Up in Court

It’s the day before the big hearing.  The Motion was perfect; Opposition just ok – no surprises, and your Reply crushed it.  This is the second time you will be arguing your Summary Judgment Motion.  A Rule 56(f) Opposition carried the day six months ago; but it’s more than ripe this time around.

You sit down to download all three pleadings to your iPad; with exhibits they total about a foot-thick of paper.  But, in PDF format, the files are too big for the storage left on the device.  To make matters worse, you wanted to download a few other things for the hearing as well – their Opposition from the last hearing (since it makes a few arguments that help you this time around), the latest round of discovery responses (a perfect Interrogatory answer from their CIO exists), and a bunch of photos of your client’s product and their infringing product that your expert just testified to at his deposition last week.

The next two hours are spent deciding if you really need all the exhibits to the pleadings, what else you really need, and considering what you could take off your iPad.  WASTED TIME and ADDED STRESS.   As if you need either of those on the day before the hearing.  Finally, you decide to leave the Opposition exhibits and the new expert photos off the download, and remove a few unrelated things from the iPad and off you go.

Let’s take the worst-case scenario, and play it out.  During argument opposing counsel brings up a document from her exhibits – that you did not think was important enough to address in your outline – and it’s not on your iPad.  She also talks for a while about your expert’s deposition and two of his photos – which you don’t have either.

As prepared and articulate as you may be, you simply cannot address the nuances of her arguments on those three pieces of evidence since they are not right in front of you.  Motion DENIED.

I understand that in this hypothetical you could have hand-carried the documents to court.  But the point is, even when we carry twelve inches of material to court and/or download all the related pleadings, every now-and-then a question is asked or argument made related to a document we just did not have.  Sure, sometimes the judge will give us more time to address the evidence, but would it not be better to just have access to your entire case file – no matter how big?

This scenario happened to me a few times in my 18 years of litigation.  Sure, there was more than one time where I simply forgot to grab part of the file on the way to court.  But far more often, opposing counsel would bring up something completely unrelated to the issue, or from a prior hearing or long-ago completed discovery.  Every now and then, a judge would ask for something very specific or something silly like a date of service on Interrogatory packet #3.  In these instances the ability to access all your documents can be the difference between winning or losing your case. It’s important for any attorney to do their research on finding the best file management tools to ensure they have the important information on hand at all times.