Skip to main content
S
“Isn’t everything on the internet designed to facilitate the delivery of digital content?”

That’s Judge Donato, who interrupted yet again to ask if Tucker’s market definition is... broad. “What’s not in your vision?” he asks.

“Things which are cumbersome, burdensome, not easy ways of delivering digital content,” she replies.

“Can you name a couple for us?“

She suggests that physically going to GameStop to buy a Nintendo Switch cartridge, which technically contains digital content, might be one.

“Is there anything online that is not in the relevant product market as you define it? Anything at all?”

A long pause. “So....”

“I think because I’m including the ability to self distribute...”

She lands on Disney Plus. 

“There’s many ways I can get that content to you... that would include subscribing on my PC through a website [...] a smart TV would be another way ... I’d include all those ways because we’re allowing for the possibility of self distribution,” she says.

The judge leaves it at that for now. We’ve just moved on from market definition to other parts of Tucker’s report, but not before Epic tried its best to make Tucker look like she’s in fantasyland, with questions like, “In your view there are not even transactions between the smartphone OEMs and Google, correct?”