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03-22-2024 Daily Edition March 21, 2024

Daily Edition

As DOJ Takes on Apple, Netflix and Spotify Could Stand to Benefit

In September 2019, after years of moves signaling that it was getting serious about Hollywood ambitions, Apple unveiled its foray into entertainment through a subscription video service. A month later, it officially launched its own internal studio, which would feed exclusive content to Apple TV+. The service was offered at an industry-low $5 per month, […]

In September 2019, after years of moves signaling that it was getting serious about Hollywood ambitions, Apple unveiled its foray into entertainment through a subscription video service. A month later, it officially launched its own internal studio, which would feed exclusive content to Apple TV+. The service was offered at an industry-low $5 per month, with some people not having to pay anything as the company gave away a year of TV+ for free to anyone who bought an Apple device.

At the time, observers and analysts across Hollywood likened the strategy to that of Amazon’s Prime Video, which was used to entice consumers to subscribe to Prime. The message was clear: It’s not about the movies or TV shows the tech giants produce; it’s about boosting their core offerings, which in the case of Apple is the iPhone.

“All of these companies are trying to keep you in their ecosystem for as much time as possible,” said media analyst Rich Greenfield to The Hollywood Reporter in 2019. “If Apple can get people spending hours a week watching its content, they’re going to be more likely to buy its devices.”

On Thursday, the Justice Department filed a landmark antitrust lawsuit against Apple, targeting, in part, its encroachment into Hollywood.

Joined by 16 states and the District of Columbia, the government sued Apple in a lawsuit that argues it violated antitrust laws by wielding a monopoly over the smartphone market with practices meant to keep consumers dependent on iPhones and prevent them from switching to rival devices in ways that may have worsened conditions in the entertainment industry. If left unabated, the government warns the company “poses significant risk” to reduce competition and innovation in areas that include the production and movies and TV shows, pointing to Apple’s “rapidly expanding” role as a producer.

The Tim Cook-led tech monolith has numerous products and services — such as Apple TV+, Apple Music, Apple News and AirPods — through which it can engage in anticompetitive conduct, prosecutors say. Its reach “even affects the flow of speech” as it exerts power over its “role to control content,” the lawsuit alleges.

“Each step in Apple’s course of conduct built and reinforced the moat around its smartphone monopoly,” states the complaint filed in New Jersey federal court.

The Justice Department doesn’t explicitly seek to break up Apple but asks for “relief as needed to cure any anticompetitive harm” which could include the separation of the company’s countless services and products.

“This lawsuit threatens who we are and the principles that set Apple products apart in fiercely competitive markets,” Apple said in a statement. “If successful, it would hinder our ability to create the kind of technology people expect from Apple — where hardware, software, and services intersect. It would also set a dangerous precedent, empowering government to take a heavy hand in designing people’s technology.”

After years of regulatory scrutiny, the legal action marks a sweeping challenge to what used to be the world’s most valuable company, which reported annual net revenue of $383 billion and net income of $97 billion last year, that holds the iPhone as the crown jewel in its vast empire. iPhones are the most popular smartphone in the United States, with a 62 percent market share of premium devices that cost over $400, according to data in 2022 from consulting firm Counterpoint. When he testified in an antitrust trial initiated by Epic Games, Cook pegged that figure much lower, in the “high 30s.” The Justice Department says Apple’s market share exceeds 70 percent and is more than 65 percent when measured by revenue.

Hollywood stands at the nexus of the Justice Department’s antitrust claims against Apple. Prosecutors claim the company’s anticompetitive conduct not only limits competition in the smartphone market, but also reverberates through industries affected by those restrictions, including entertainment, social media, gaming and news.

“Unless Apple’s anticompetitive and exclusionary conduct is stopped, it will likely extend and entrench its iPhone monopoly to other markets and parts of the economy,” the complaint states. “For example, Apple is rapidly expanding its influence and growing its power in the automotive, content creation and entertainment, and financial services industries — and often by doing so in exclusionary ways that further reinforce and deepen the competitive moat around the iPhone.”

It’s this “walled garden,” or Apple’s entire ecosystem of products and services that allegedly keep users locked into the iPhone, that the Justice Department targets. Prosecutors allege that the company built and reinforces its monopoly through “switching costs” — in this case, the barriers from switching to an Android device from an iPhone — as seen through its variety of subscription services, including Apple’s proprietary music, news, gaming and cloud storage services, as well as accessories like smartwatches and headphones. If an Apple user can only access their subscription services on an iPhone, the Justice Department explains, they may incur significant costs, time and lost content if they attempt to switch to a non-Apple device.

The “message that can’t be missed is that it is easy to switch from iPhone to Android. Not fun to watch,” wrote an Apple executive to former chief executive Steve Jobs in 2010 about an ad for a Kindle featuring a woman using her iPhone to use the app before switching to an Android smartphone, which also allowed her to continue using the e-reader, in a message cited in the complaint.

Rebecca Allensworth, an antitrust professor at Vanderbilt law school, says, “Anytime you have a monopolist in the media space, you create a possible bottleneck that would affect all people in that market or whatever part of the pipeline they’re in.”

By positioning itself as the middleman or toll booth operator between end users and creators, Apple increased its power over the latter side since it can control how audiences can access their work, the Justice Department alleges. The company exercises this power by extracting “monopoly rents” in several ways, including through app fees and revenue-share requirements, the lawsuit claims.

For nearly 15 years, Apple has collected a tax in the form of a 30 percent commission on the price of apps downloaded from the App Store and on all in-app purchases. It’s able to command these fees from companies across Hollywood that use its in-app payment system to charge users. This has sparked pushback from these firms, some of which depend on subscription revenue to produce content and pay creators. Netflix, which in 2018 ceased allowing customers to subscribe on iOS devices to get around paying the fee, in February told some consumers who still pay monthly fees through the App Store that they will have to add a new payment method to keep their accounts active. In 2022, Spotify put up a brick wall for iPhone users who want to purchase an audiobook from within the app. They were met with the message, “Want to listen? You can’t buy audiobooks in the app. We know, it’s not ideal.” And per other rules, the company, which declined to comment, is barred from linking to discounted rates and methods that would allow it to bypass the fees.

Apple’s cut of payments that go through its in-app payment system was the subject of Epic Games’ antitrust lawsuit against the company, which resulted in a finding that it’s not a monopolist but can’t prevent apps from routing users to alternative payment methods. In response to the court’s order, Apple allows link-outs to websites but now charges for purchase made on the Internet even if they are not an immediate result of a click from a link in a native iPhone app, which the Justice Department argues is further proof of the company’s monopoly power.

The agency states, “Apple takes on outsize importance and control of the creative economy, which may diminish incentives to fund, make and distribute artistic content.”

Another result of Apple’s allegedly anticompetitive conduct may be higher prices for consumers. “Complying with Apple’s terms means that if you’re an independent filmmaker or musician, you’re dealing with a whole lot of platforms, like Spotify,” explains Lee Hepner, a lawyer at the American Economic Liberties Project. “But Spotify is subject to control by Apple on its terms. The most direct consequence of that is that consumers pay more for entertainment because Apple scrapes a larger share of profits in that industry in ways that impact consumers and impact the way that content creators can earn a living and ultimately how companies across the entertainment industry decide what content gets made.”

He stresses, “Apple has created a chokepoint for a number of industries, including entertainment, and unless you play by its rules, you’re not getting your content to market.”

Josh Peck Breaks Silence About Drake Bell Revelations in ‘Quiet on Set’: “Children Should Be Protected”

Josh Peck has broken his silence on Investigation Discovery’s Quiet on Set: The Dark Side of Kids TV  docuseries, which put his Drake & Josh co-star Drake Bell in the spotlight. The actor-musician revealed he had been sexually abused as a child by his dialogue coach while working at Nickelodeon. “I finished the Quiet On […]

Josh Peck has broken his silence on Investigation Discovery’s Quiet on Set: The Dark Side of Kids TV  docuseries, which put his Drake & Josh co-star Drake Bell in the spotlight. The actor-musician revealed he had been sexually abused as a child by his dialogue coach while working at Nickelodeon.

“I finished the Quiet On Set documentary and took a few days to process it,” Josh Peck’s Instagram post began. “I reached out to Drake privately, but wanted to give my support for the survivors who were brave enough to share their stories of emotional and physical abuse on Nickelodeon sets with the world.”

He continued, “Children should be protected. Reliving this publicly is incredibly difficult, but I hope it can bring healing for the victims and their families as well as necessary change to our industry.”

Josh Peck’s statement comes the day after Bell asked his fans, who were slamming the Oppenheimer actor for not speaking up on behalf of his co-star, to “take it a little easy on him.” He added that Josh Peck had already reached out to him personally to express his support.

“It’s been very sensitive, but he has reached out to talk with me and help me work through this and has been really, really great,” Bell shared in a TikTok. “So I just wanted to let you guys know that and to take it a little easy on him.”

On Drake & Josh, the actors played stepbrothers, whose separate families became one when Drake and Megan’s (Miranda Cosgrove) mom, Audrey (Nancy Sullivan), married Josh’s dad, Walter (Jonathan Goldstein). Following the docuseries’ release, Sullivan shared a sweet message of support for Bell.

“They weren’t my real kids, but I’ll always love them,” she captioned a photo of her onscreen son. “It broke my heart into a million pieces to hear just how much Drake was holding inside while we were working together. I was both devastated and proud seeing the man he’s grown into sit down on camera and bravely tell his truth.”

Her post continued, “Past abuse doesn’t define us, and it has no right to rule our lives, I know that putting this burden down will free him in so many ways. I hope memories of the joy he had on our shows will someday greatly overshadow the pain. Sending love to Drake for a deep healing and for a rich and beautiful life ahead.”

Josh Peck previously opened up about how he and Bell sort of drifted apart following the end of Drake & Josh. During an appearance on BFFs With Dave Portnoy, Josh Richards and Brianna Chickenfry in March 2022, the actor noted they weren’t friends anymore.

“We were kids, right? Obviously, there were times when we were closer than not, but when inevitably the show ended — I mean, we’re just totally different kids,” he said at the time. “Drake & Josh is something I’ll be synonymous with forever, and I’m proud of it. And I want to like the guy that my name is attached to forever, but unfortunately, it just sort of worked out the way that it did.”

In the four-part ID docuseries, Bell shared his story of child sexual abuse when he was 15, at the hands of his former dialogue coach, Brian Peck (who is not related to Josh Peck). In 2003, Brian Peck was accused of molesting a child. He was subsequently convicted of a lewd act against a child and oral copulation of a person under 16, and spent 16 months in prison.

Only now do we learn Bell, then a minor at 15 years of age and the star of Nickelodeon shows like All That and The Amanda Show, was at the center of that criminal case and conviction.

The actor-musician is one of multiple child stars who were on Nickelodeon and came forward in Quiet on Set with allegations of abuse, sexism, racism and inappropriate behavior surrounding shows led by Dan Schneider in the early 2000s. Those series include The Amanda Show, Drake & Josh, Zoey 101, iCarly, Victorious and Sam & Cat.

Victorious star Matt Bennett, who played Robbie on the show that starred Victoria Justice, shared a lengthy statement on his Instagram Story, which has now expired. In his post, he explained that he had been reflecting on the docuseries since watching it.

“I spent most of it trying to remove myself from the situation, asking, ‘If I hadn’t worked for Nickelodeon and didn’t know any of the people involved, would I be ok with the behavior and the treatment of others I’m seeing?’ And the answer is no. I wouldn’t be ok with it and I’m not ok with it. I’m not sure how much I can do or say today, it’s all a little too real for me right now.”

He continued, “There are some mental pretzels I have to work on undoing but over the next few weeks, months and years I’m dedicated to help in any way I can to put more safeguards in place to protect young actors. Entertainment is important but it’s not as important as the mental and physical health of the people creating it, especially those who aren’t in a position to speak up for themselves.”

Schneider has broken his silence after watching the docuseries, noting that it forced him to face his past behaviors and that he regrets some of them.

“When I watched the show, I could see the hurt in some people’s eyes, and it made me feel awful and regretful and sorry,” he said in a video exclusively obtained by The Hollywood Reporter. “I wish I could go back, especially to those earlier years of my career, and bring the growth and the experience that I have now and just do a better job and never, ever feel like it was OK to be an asshole to anyone, ever.” 

March 22, 8:45 a.m. Updated with Matt Bennett’s statement.

First ‘Beetlejuice Beetlejuice’ Trailer Brings Jenna Ortega Into the Ghastly Family

Beetlejuice is back in the first trailer for Beetlejuice Beetlejuice, Tim Burton’s sequel that took nearly 40 years to haunt theaters. Jenna Ortega stars in Beetlejuice Beetlejuice, with Michael Keaton back as the grotesque ghost and Winona Ryder returning as Lydia Deetz, who is now a mother to Ortega’s character. Catherine O’Hara also returns, with […]

Beetlejuice is back in the first trailer for Beetlejuice Beetlejuice, Tim Burton’s sequel that took nearly 40 years to haunt theaters.

Jenna Ortega stars in Beetlejuice Beetlejuice, with Michael Keaton back as the grotesque ghost and Winona Ryder returning as Lydia Deetz, who is now a mother to Ortega’s character. Catherine O’Hara also returns, with Willem Dafoe, Justin Theroux and Monica Bellucci joining the franchise.

Beetlejuice Beetlejuice arrives Sept. 6 and has taken a very long road to the screen. The first film, released in 1988, remains a comedy-horror classic and has continued to be in the pop culture consciousness since its release. It won the Oscar for best makeup and earned $80 million on a $15 million budget.

Burton has long talked about a sequel, and it finally gelled early last year, when Ortega was attached to star. The film further brings Ortega into Burton’s world, as she is the star of Wednesday, the hit series for Netflix that Burton directed on and produced.

“It’s been quite an insane experience. I’ve been lucky enough to get the opportunity to work with an iconic director who just so happens to be one of the sweetest directors I’ve worked with, and also the most detail-oriented,” Ortega told The Hollywood Reporter of working with Burton ahead of Wednesday’s debut.

Pete Davidson Calls It Quits on ‘Bupkis’ Season 2

Pete Davidson has called it quits on Bupkis. The Saturday Night Live alum has walked away from the planned second season of his semi-autobiographical Peacock comedy. “I’ve always seen Bupkis as a window into my life, since it is so personal and about my struggles and family. After nearly a decade of my personal life […]

Pete Davidson has called it quits on Bupkis.

The Saturday Night Live alum has walked away from the planned second season of his semi-autobiographical Peacock comedy.

“I’ve always seen Bupkis as a window into my life, since it is so personal and about my struggles and family. After nearly a decade of my personal life being in the media I wanted a chance to tell my story my way,” Davidson said in a statement to The Hollywood Reporter. “Of all the work I’ve ever done, Bupkis is by far what I’m most proud of. I am so grateful to Lorne Michaels and Broadway Video, Peacock, Universal Television and the amazing cast and writers for helping me create something honest, funny and heartfelt. I do also feel that this part of my life is finished. I’m very excited for this next chapter and for you guys to see the work. Thank you to all who support me for I am forever grateful.”

Sources tell The Hollywood Reporter that Davidson’s agent emailed Peacock earlier this week but declined to tell Broadway Video. Shooting was scheduled to begin in the summer in New York. After Davidson’s decision, Universal TV and Michaels’ Broadway Video went along with the move, which sources say had nothing to do with the industrywide budget cuts that have seen a number of shows outright canceled and renewals reversed.

Peacock picked up Bupkis for a second season in June 2023, nearly two months after the show debuted to strong reviews. The show currently has a 78 percent rating among critics and 90 percent score from viewers on Rotten Tomatoes.

The half-hour semi-autobiographical comedy followed Davidson (who played a version of himself) as he worked through his family dynamics and the complexities of fame while trying to form meaningful relationships. Edie Falco and Joe Pesci — who sources say were pay or play on the show — starred as his mother and grandfather.

Peacock landed Bupkis with a straight-to-series order in April 2022 after the package was taken out to streamers and ignited a bidding war among multiple outlets.

Davidson rocketed to fame on Michaels’ SNL, where he previously ranked as the show’s youngest-ever castmember. He has collaborated with Bupkis co-creator Dave Sirus on multiple sketches and the duo co-wrote Universal Pictures’ The King of Staten Island (alongside Judd Apatow). Fellow Bupkis co-creator Judah Miller exec produced the 2020 dramedy that, like Bupkis, starred Davidson and was inspired by his life.