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Following Nintendo's example, Sony and Microsoft argue they have no obligation to pass tariff refunds onto customers
Microsoft, Sony and Nintendo are in agreement that you shouldn't expect refunds for paying extra for their products as a result of US tariffs.
Zack Polanski to stand in Keir Starmer seat as Green party candidate
Green leader will stand for election in Holborn and St Pancras in byelection triggered by former PM’s resignation
Planet Coaster studio Frontier Developments announces new title based on Disney IP
UK-based studio to fund, develop, and publish the title using experience in creative management simulation genre
"This is the worst crash we've seen since the 1980s," says Tim Sweeney
Industry experts speak to Edge Magazine deputy editor Alex Spencer about how the industry is facing "Crash 2.0"
Meet the South's first Black gay congressman
Rep. Everton Blair will serve just four months in Congress. Still, the South's first Black gay man in the House has plans for his short time there.
A judge deemed it an illegal monopoly, but ruled Google doesn’t have to sell its ad business
The courts have been letting Big Tech stay big.
Trump says he’ll campaign for Republicans in 35 races ahead of the midterms
The president said he’ll travel to help out GOP candidates in competitive contests, including the Senate races in Alaska and Texas.
Trump promises to campaign for Republicans and says they have a winning midterm message
President Donald Trump is urging Republican lawmakers to run on his White House record despite his sagging popularity.
Wanda Sykes and the 'Philly Sisters' bring women’s sports to Philadelphia
They brought the WNBA to Philadelphia, they launched the first women’s tennis tournament there in 20 years, and they’re just getting started. The “Philly Sisters” want to make Philadelphia the next hub for women’s sports. NBC News' Andrea Mitchell reports.
Sony and Microsoft say they’re not obligated to pass U.S. tariff refunds to consumers, echoing Nintendo
Back in July, Sony executives told investors that the company expected to receive $508 million in refunds from the U.S. government, after tariffs that the PlayStation-maker paid were ruled mostly in 2025 were found to be illegal. “Most” of the refund would by recouped by Sony’s gaming division, its chief financial officer said. This week, Sony’s lawyers are arguing that the company is not legally obligated to pass those proceeds on to consumers who paid for recently price-hiked PlayStation consoles. That’s in the face of a lawsuit from gamers calling on them to do exactly that. “Paying fair market price for voluntarily purchased consumer goods is not a legally cognizable injury in fact,” the lawyers wrote in a legal motion filed on Monday, as they asked a judge in California’s Northern District to dismiss a potential class action lawsuit over the tariff refunds. Microsoft made a similar argument two weeks ahead of Sony’s lawyers, in a similar lawsuit brought by a gamer in federal court in Washington State. As Microsoft’s legal team put it on August 21, in their request for a dismissal of that lawsuit: “There is nothing unjust about Plaintiff purchasing an Xbox at an advertised price and getting exactly what he paid for—regardless of whatever theory he devised months later about Microsoft’s cost structure.” Both legal fights are set to go on for some time. How things got to this point U.S. tariffs impacting a wide range of imported goods, including game consoles, had kicked off in early 2025. In May 2025, Microsoft raised the price of its Xbox consoles, citing “market conditions and the rising cost of development.” They raised them again that September. In August of that year, Sony raised the price of PlayStation 5 consoles, citing “a challenging economic environment.” Sony later told investors that its tariff fees for the fall quarter were nearly $200 million. in February of this year, the U.S. Supreme Court ruled the 2025 tariffs illegal, prompting impacted companies to begin to request refunds. In turn, consumers began suing the likes of Sony and Microsoft to get what they said was their share. The gamers in the Microsoft and Sony lawsuits argue that the 2025 price hikes of PlayStation and Xbox consoles, which added $50 or more to their sticker price, were due to illegal tariffs and should now be returned to consumers. The Sony suit started in May, when a group of gamers sued in federal court in California, saying Sony Interactive Entertainment (PlayStation) would be unjustly enriching itself if it did not pass tariff refunds to its PS5 buyers. “Sony is poised to be paid twice for the same unlawful tariff burden: once by its customers (through elevated prices) and once by the U.S. government (through tariff refunds),” the gamers’ lawyers wrote at the time. They called for Sony to partially reimburse anyone who bought a PlayStation in the U.S. since August 1, 2025. The Microsoft suit, filed by gamer Trevor Hastings against the Xbox giant in July, made similar claims. The console makers push back In late July, Nintendo’s lawyers, facing a similar suit accusing them of double-dipping on tariffs and refunds, replied with arguments that previewed Microsoft’s and Sony’s: “Nintendo or one of its retailers set a price for each product, and consumers decided whether that price was worth paying,” they wrote. Sony has buttressed that Nintendo-style argument this week by saying that the gamers have failed to prove that tariffs were the reason for its August 2025 PS5 price hike. They call thatclaim “speculative and illogical.” Other factors, including “inflation, currency fluctuations, component costs, logistics, competitive dynamics, or demand,” could have played a role. (No, the Sony lawyers do not break down the costs and factors that officially triggered the price increases). Microsoft has also argued that there’s no proof in these lawsuits that tariffs drove all or some of the price increase, as it seeks to dismiss the tariff refund suit it’s facing: “Plaintiff provides no specific allegations that would establish any pricing differential attributable to tariffs or suggest any possibility that Microsoft applied then or could recreate now any dollar-for-dollar calculation of tariff-related pricing—any more than it could any other market factor that affects pricing.” To further skewer the gamer side’s argument in its case, Sony’s lawyers have pointed to what might be a surprising defense: yet another PlayStation 5 price hike from this past spring, after the tariffs were ruled illegal. “If the original price increase were attributable to tariffs, SIE [Sony Interactive Entertainment, aka PlayStation] would have had no reason to raise prices again after the Supreme Court invalidated the IEEPA tariffs.” … “If tariffs were the cause of the price increases, one would expect SIE to lower prices once the tariffs were eliminated—not raise them again. Instead, the timeline confirms that the pricing of PlayStation consoles includes a diverse and dynamic set of input costs.” Judges have not yet ruled on the arguments made by Sony, Microsoft or Nintendo. Last week, Panic, the company behind the small, yellow Playdate handheld said it would be passing its tariff refunds on to consumers. It is the only gaming hardware maker to have made such a pledge. Game File is a reader-supported publication. To receive new posts and support my reporting, please consider becoming a free or paid subscriber. Subscribe Item 2: A reporter’s second Second Life Wagner James Au, who from 2003-2006 was paid by San Francisco-based tech company Linden Lab to be a full-time journalist embedded in their virtual world Second Life, is returning to the company. This time, he’ll be an editorial advisor and business development specialist, he tells Game File. The new role will involve trying to share the stories of people inhabiting Second Life’s ongoing online world with reporters and by extension the public. Au plans to continue to also chronicle some of that through his long-running blog New World Notes. I’ve known Au since the mid-2000s and featured him in a 2007 article for the Columbia Journalism Review about reporters like him opening up virtual news outlets within Second Life. As I wrote at the time: On April 22, 2003, writing as Hamlet Linden for the New World Notes blog on Second Life’s Web site, Au introduced himself. “For the next few months, Linden Lab has invited me to set aside my journalist cap, and instead, don the digital beanie of their in-house virtual correspondent.” He wasn’t paid to keep it positive. He wrote about builders and eccentrics, but then in August of that year, he reported on a tax revolt against Linden Lab (a complaint about the fees it charges users who build stuff) led by a resident whose avatar was a big cat. Second Life has always been less of a video game and more of a virtual world where people can live, hang out, make art, sell virtual items and flirt. Back in 2007, Au described touring it as “sort of like underwater lucid dreaming.” For the past two decades, Au has maintained New World Notes as an independent publication. But he said he’s been drawn back to Second Life and Linden Lab as a place to directly work. The virtual world has around 650,000 monthly active users, he said, “which is actually about what it was during the hype wave.” Au says he’s still finding rich stories in Second Life, the kind that keep him interested 20 years into the beat: “Over the last few months for instance, I wrote about an SL creator in Venezuela whose apartment was destroyed by the earthquakes, so the global SL community rallied to get him back on his feet,” he told me. “Then there’s the woman from a Middle Eastern country who explored her lesbian sexuality in SL, then earned enough from her virtual jewelry to escape her abusive family situation and country.” Au wants to beckon more reporters to give Second Life another look. He argues that it is often ahead of internet trends, noting, for example, an early backlash in the community against AI-made art. Now the platform is drawing curiosity from more of the user-generated content community who’ve grown up with the likes of Roblox, according to Au. “Second Life was too early during its hype wave in 2005-2010, but it now feels right for a new wave of interest,” he told me.
Presented with bleak polling, the White House moves to make the midterms about Trump
Despite economic headwinds and an unpopular war, Donald Trump’s allies believe that Republicans will win in November if only they can get the president’s base to turn out.
Republican Senator Calls On Trump to Replace Defense Secretary Pete Hegseth
Sen. Thom Tillis is urging the President to oust Hegseth because of what he described as “inept management.”
Could Philadelphia be the next hub for women's sports?
NBC News' Andrea Mitchell sat down with Wanda Sykes and the Philly Sisters to discuss their efforts to grow women's sports in Philadelphia.
Waymo expands driverless robotaxi service to 3 major US cities
Alphabet-owned Waymo has opened public robotaxi access in Denver, San Diego and Tampa, bringing its fully autonomous ride-hailing service to 14 cities.
Graham Platner no longer scheduled to speak at Labor Day rally
Former Democratic Senate nominee Graham Platner is no longer set to speak at a Labor Day rally when he makes his first major public appearance since ending his campaign against Republican Sen. Susan Collins of Maine.
Trump says midterms won't impact Iran war efforts: 'I'm not running'
President Donald Trump said the looming November midterms won't affect his commitment to the Iran war ‒ noting that he's not on the ballot.
Progressive Senate candidates rack up primary wins even as they get outspent
Plus, a pro-Trump group hits the airwaves.
House Democrats block constitutional amendment on Supreme Court size
The Republican-led resolution, which requires two-thirds support in the House and Senate, comes in response to increasing openness among Democrats to expand the court.
3 hospitalized in Kentucky measles outbreak, officials confirm
Kentucky has seen 38 total measles cases as of Sept. 2, with four confirmed in early 2026.
CD Projekt Red sees profit climb 37% in H1 2026
CD Projekt Red generated $116.5 million (435 million PLN) in revenue during the first half of 2026, up 23% year-over-ye…
A Bunch Of Old GTA 6 Leaks Turned Out To Be True
Turns out at least some early online leaks about Grand Theft Auto 6 weren't fake
Anthropic upgrades Claude's computer use to run in the background on Mac
While computer use isn’t new for Claude on the desktop, running it in the background is a nice upgrade. Anthropic...
New UK taskforce will examine influence of political mega-donors
Government pledges to find quick ‘solution’ to party funding row under pressure from Labour MPs
Deko Entertainment Releases Remastered Vinyl Collection of Hard Rock Live Albums
Deko Entertainment just dropped three live albums from 1980s hard rock acts. Remastered. 180-gram colored vinyl. The lineup includes Dokken, Slaughter, and Warrant, with signed bundles on offer for die-hards…
Penn State's Matt Campbell embracing Joe Paterno's legacy in shift from predecessors
Penn State's first-year coach has a framed photo of Paterno in his office and has praised a new exhibit honoring the coach at Beaver Stadium.
Green party members back Zack Polanski to stand in London byelection
Party leader in England and Wales seen as favourite to contest Holborn and St Pancras after Starmer’s resignation
South Carolina governor candidates, Johnson and Wilson, to debate
Alan Wilson and Jermaine Johnson will face off in a televised debate ahead of the South Carolina gubernatorial race.
Milwaukee residents invited to forum on food, health care access
Milwaukee residents can discuss food and healthcare access challenges at a free community forum on Sept. 26.
Florida Gov. Ron DeSantis takes on several hecklers at GOP event
Video shows Florida Gov. Ron DeSantis criticizing hecklers at a Republican unity event in Tampa.
Google won't be forced to sell its ad exchange after judge rejects DOJ breakup bid
A federal judge in Virginia declined to order Google to sell AdX, handing the DOJ its second straight loss in efforts to break up the tech giant
Mario Kart 8 Deluxe gets a surprise Switch 2 update, bringing eight-player split-screen to the evergreen racing game
Nintendo sneakily updates a bunch of games. Mario Kart 8 gets a free Switch 2 update with 8-player split-screen, while Smash Bros Ultimate improves its online.
🧪 Science with Sarah: Make homemade ice cream 🍨
Evan Rachel Wood speaks out about being replaced in 'Practical Magic 2'
Evan Rachel Wood says she wasn’t asked to return for “Practical Magic 2” and reveals Joey King reached out after taking over her role.
Ace Combat 8 reveals live service online multiplayer modes that include PvE, PvP, PvPvE battles, and a hangout space
Bandai Namco has revealed the full scope of its Ace Combat Online online modes, including PvP, PvE, and a social space for player avatars.
This Sneaky 'Jedi Mind Trick' Hack Can Hijack a Business's AI Chatbot and Cost It Millions
Prompt injections can lead to devastating losses. Here's how to protect yourself.
Introducing: The H. Moser & Cie. Streamliner Tourbillon Skeleton Ceramic Alpine Limited Edition
The two brands extend their partnership with a new take on the Streamliner.
Blaze breaks out at Big Flats business complex. What we know about fire
An alarm went off around 3 a.m. Wednesday at 1250 Schweizer Road in Big Flats, home of several businesses, drawing many fire departments.
NASA Deep Space Network's new Goldstone antenna goes online
This New Nature-Inspired Collection of Gaming Accessories Is Perfect for Cozy Gamers on PC or Xbox
Xbox has revealed a spread of officially-licensed "cozy" accessories made in collaboration with 8BitDo, SteelSeries, and KontrolFreek.
Nvidia's controversial, face-changing, gen-AI DLSS 5 tech releases tomorrow for one game, and seems to tank frame-rates
If you own a 50-series GeForce graphics card or laptop, or use GeForce Now, you can try Nvidia's controversial new DLSS 5 tech this week.
Rockstar’s GTA VI Preview Dwarfed Netflix’s Own Films by 8 Million Views, After Briefly Taking the Platform Offline
Rockstar's GTA VI: An Extended Look topped weekly views on Netflix with 31.1 million views registered in just four days.
GTA 6 will finally ditch the series' tap-to-sprint controls
With GTA 6, Rockstar is finally switching out its archaic tap-to-sprint control scheme, which has featured in all mainline Grand Theft Auto titles since GTA III.
Farage compares standards inquiry to investigations faced by fellow ‘outsider’ Trump
Reform UK leader dismisses criticism of his failure to register £5m gift as a sign of a ‘complainants’ society’
US medical groups urge people to get flu and Covid shots in counter to Trump guidance
Top medical groups band together to ease confusion from Trump administration’s changing immunization advice
Decoding Trump’s chaos: What science tells us about how Canada — and the world
As uncertain as Donald Trump’s new world order is, science can explain the effects of his aggression and how to respond.
Is the Secret to a Healthy Relationship a Good Fight?
Conflict can actually deepen relationships, so Priya Parker, author of “The Art of Fighting,” stops by TODAY to talk about how to improve connections through productive fighting. She discusses misconceptions about conflict, how to “argue nicely,” and more.
Samsung Frame Pro review: the art TV that lets you hang a Monet in 4K
The design-forward TV delivers a performance that few in the category can – while attracting compliments as wall decor
Farewell Keir Starmer, a terrible politician whom we desperately wanted to be something more
‘U-turn’ doesn’t do justice to the myriad ways he found to break a pledge. Now the former PM is resigning as an MP, why did I have such high hopes? asks Guardian columnist Zoe Williams
Menudo reunites for 50th anniversary tour: 'We’re proud to be pioneers'
Menudo, one of the most popular Latino boy bands of all time, is reuniting for a six-day tour this fall to celebrate their 50th anniversary.
Trump aides, fearing a midterm rout, push to keep Iran war 'quiet' for now
Top aides to President Donald Trump want to keep Iran war contained heading into midterms, as Republicans defend slim majorities.
From Sardines to Dry Scooping: Fact-Checking Health Trends
It’s hard to know what advice on social media is legitimate, especially when it comes to health and wellness. NBC news medical reporter Dr. Akshay Syal joins TODAY to break down social media health trends, including dry scooping a pre-workout powder, eating more sardines, drinking tart cherry juice for sleep and more.
September's first wave of Xbox Game Pass games revealed, and it brings RuneScape to console for the first time
A slow start to September for Xbox Game Pass, although it heralds the arrival of a RuneScape game on console for the first time ever. The first wave of gam
Xbox Acknowledges 'Major Outage' as Sign-In Issues Hit PC and Consoles
Microsoft has acknowledged a "major outage", with account issues across PC, Xbox Series X/S and other devices.
Legacy of Atlantis isn't even out yet, but already this Tomb Raider remake feels like an old relic - in all the wrong ways
Last year, on a bit of a whim, I ended up playing Tomb Raider 1's superb remaster and Crystal Dynamics' 2007 remake Tom…
"The internet we once loved is gone": SteamDB founders announce the community-run database has been acquired by Nexus Mods' owners
Nexus Mods owners Chosen have acquired SteamDB from its founders, and say the latter will be "keeping its own name, brand, community, and identity" for now.
The Latest: Canadian Prime Minister Carney tells Trump: ‘Stop trying to be tough’
Canadian Prime Minister Mark Carney is pushing back against a fresh wave of hostility from Washington, telling the Trump administration Tuesday to “stop doing memes, stop throwing shade and stop trying to be tough.”.
What Happens When AI Starts Doing Business with AI?
As AI agents increasingly interact with one another on commercial platforms, firms need new rules governing what those agents can see, decide, and do. In a controlled AI-to-AI simulation covering 160 governance runs and 2,560 observations, researchers tested four governance mechanisms: information disclosure, agent autonomy, reputation signals, and structured interaction protocols. Rich, machine-readable information helped agents identify promising counterparties, while greater autonomy improved their ability to move opportunities toward commitment. Reputation signals helped agents determine which opportunities deserved attention. Rigid interaction protocols, however, reduced engagement and exchange progression. The findings suggest that firms should establish clear levels of agent authority, run bounded experiments, provide structured information and reputation signals, and design explicit handoffs from agents to human decision-makers.
New literacy law brings science-of-reading training to hundreds of…
Oklahoma is beginning to implement a major overhaul of its approach to reading instruction after years of dismal literacy outcomes, with hundreds of…
Congo Ebola outbreak: Deaths top 3,000 as virus spreads at unprecedented speed
The World Health Organization said the outbreak is on track to exceed the deadliest on record.
Capcom quietly releases new trailers for Monster Hunter Wilds' Ascendance, teasing changes to how all 14 weapon types
Another Monster Hunter expansion, another suite of changes to how weapons work - and this time, we're getting boosted.
The next StarCraft may not be made by Blizzard, according to a new report
We've waited years for a follow-up to StarCraft 2, and we may actually get one - just not from the usual source.
$21+ Billion Business Process Management Market Outlook 2026-2035 | AI and Automation Drive the Next Wave of BPM Growth
Opportunities center on cloud and low-code BPM, AI/ML and RPA-driven automation, industry-specific platforms, compliance tools, customer-centric workflows, and services that integrate modern solutions with legacy systems. Business Process Management Market Business Process Management Market Dublin, Sept. 02, 2026 (GLOBE NEWSWIRE) -- The "Business Process Management Market, Till 2035: Distribution by Type of Component, Type of Deployment, Type of Functionality, Type of Industry, and Geographical
In center of Wisconsin's measles outbreak, tiny health team toils on
Wisconsin ranks second-to-last in the nation for state dollars allocated to public health funding. In places like Iowa County, it shows.
Fall Movie Preview: Russo brothers, maestros of ensembles, test their limits in 'Avengers: Doomsday'
Ups and downs have followed the Marvel Cinematic Universe since 2019’s “Avengers: Endgame,” but “Avengers: Doomsday” might just heal all its wounds.
Flock cameras, Halloween Horror, politics & shark bite: Florida Today
Iran attempted cyberattacks on range of U.S. infrastructure, sources say
The attempts have so far been unsuccessful, but an Iranian hacking group warned that “unexpected and critical events” would soon target American infrastructure.
Try some of these 17 ideas for September fun in Erie
The month of September is filled with entertainment options in Erie from shows to a gallery night and more. Here are 17 ideas to try.
Here's what to know about Launch Family Entertainment fun center
Launch Family Entertainment is set to open Oct. 16 with trampolines, bowling, dining and so much more fun for the whole family.
Launch is almost ready for Pensacola. See what it will look like
Launch Family Entertainment is bringing a 31,400 square foot location to Pensacola in October, serving as a one-stop shop for family fun.
August Monthly Review: ChatGPT In Epic
Death, taxes, another frontier lab healthcare launch inspiring truly insane LinkedIn takes. As much as I want to stay away, I repeatedly am the crewman unplugging his ears whenever we pass these sirens. So it’s not the first and probably not the last time we dial up the typewriter rather than tie ourselves to the mast. The full blow-by-blow timeline: Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe The End of the Standalone PHR (Jan 8): ChatGPT Health arrives for consumers, at the time powered by b.well. I was bullish on the approach in that the best way for the PHR to finally solve distribution was to meet consumers were they already are (i.e. When Horizontal Meets Healthcare (Jan 9): OpenAI for Healthcare puts out the shingle for enterprises, with SharePoint ingestion standing in for the EHR integration the product actually needed. Another One: Anthropic’s Healthcare Debut (Jan 16): Claude's version, on HealthEx rails instead of b.well, with Agent Skills for FHIR development as the one true vertical-specific investment. ChatGPT for Clinicians: The Trap Sprung (Apr 24): OpenAI filled in the missing GTM middle with a free product for verified clinicians, effectively peeling the enterprise wrapper off ChatGPT for Healthcare and taking the PLG fight directly to OpenEvidence. OpenAI’s Second Attempt at Health (Jul 31): a relaunch of their patient specific app, now branded Health in ChatGPT, where the privacy partition came out, the connectors thinned, and b.well disappeared in favor of first-party FHIR work against a smaller network Beyond a Shingle So what was announced now? Today, we’re introducing a new electronic health record integration that brings authorized patient context from Epic into ChatGPT for Healthcare, along with the Healthcare Public Data plugin for direct, structured access to official healthcare datasets like PubMed, DailyMed, and CMS Coverage. Together, these capabilities bring ChatGPT closer to the systems and sources healthcare teams trust, while supporting the controls and compliance healthcare work requires. The core portfolio is unchanged from prior announcements we delineated and discussed (aside from the relaunch of patient-facing). Since trade publications still seem to be confusing them by using the wrong names: Enterprise sales motion: ChatGPT for Healthcare Protecting their core product / PLG: ChatGPT for Clinicians Consumer/patient-facing product: Health in ChatGPT So really, this is a feature release (specifically for ChatGPT for Healthcare when it comes to EHR integration). What’s cool about it, though, is that we are moving beyond just putting out a shingle. Everything in the January enterprise launch was horizontalizable: Horizontal tech companies thus generally start verticalization with their “putting out a shingle phase”. Telling the world you’re open for business as a horizontal tech company reliably attracts early inbound interest from buyers who are already trying to force-fit horizontal tools into domain-specific workflows and are eager for any signal that the vendor intends to support their use case more directly. Nothing was really vertical specific, which is exactly what you'd expect from the ultimate hypergrowth horizontal company dipping their toes into specific industries. But eventually you have to stop changing the sign on the door and start changing the product. Can you guess where the horizontal product was going to run out of road? This is the core dilemma writ large: verticalization requires differentiation, while scale economics of consumer and horizontal push toward unification. I’ve buried the lede so deep here it will be painful to some readers, but what should be shocking to no one is that my perspective is that EHR integration is the only path that meaningfully resolves this tension for ChatGPT for Healthcare. Integration with Microsoft Sharepoint is fine, but it is categorically insufficient for any product that hopes to influence clinical decision-making. SMART Money Well here we are, eight months later! Real vertical investment has begun, which surprised a few people. One friend in the industry messaged me: “Absolutely no way Epic gave ChatGPT API access.” Looking forensically at the announcements, the integration is notably read-only across appointment notes, laboratory results, medications, and specialist documentation. So while I’m not a betting man, I'd wager the house this is a SMART on FHIR launch: That sounds a lot like USCDI! The recommended path for the workflow they outline would be SMART on FHIR Their Health AI lead’s post is evocative of both standalone and EHR launch SMART, which another termed “ChartGPT” and “EHR Plugin” The implementation burden for SMART on FHIR is the lowest of the available integrative paths This is the team who literally did patient-facing SMART on FHIR with Epic last month Most importantly, if you’re a horizontal company, you generally still haven’t taken the full plunge and thus (overly) value reusability. SMART on FHIR is the logical compromise: healthcare-specific enough to matter, but standardized enough to reuse. Nobody Asked Judy Another friend asked “I thought they had to go to each health system, or did they go direct to Epic and now health systems opt in?” Given the trust paradigms in healthcare, this functionally cannot be Epic hoovering up all the data for OpenAI and shoving ChatGPT in their customers’ faces (or they would revolt). However, I do believe the aforementioned terrible coverage by TechCrunch and other outlets is probably responsible for that question, given the 325 million reference. When using FHIR as a business associate to an Epic customer, there is no EHR gatekeeping to speak of, as that isn’t how fhir.epic.com works: You register an app You pick your APIs You test against the sandbox APIs You list as “Ready for Production” Hospitals pick your app You test and go live with them Bluntly, nobody had to say yes or no in Verona (nor were they given the chance). Vendor Services (their next developer tier up that I doubt OpenAI is using quite yet in this initial release) certainly has contractual paperwork that some resent, but even there, the twin pressures of mounting antitrust and information blocking make outright gatekeeping increasingly fraught. My friend’s sentiment is, to me, representative of a broader industry neurosis, perhaps a sort of scar tissue of prior eras: people assume the gate is still there and never actually try the door. There are certainly other ways Epic (and any EHR) can put its thumb on the scale, but they are not so dumb as to stand in front of a federally mandated API and play bouncer at this exact moment in time. So I think they can and probably should go deeper, as this release is at best parity and at worst behind vertical-specific competition. OpenEvidence did a basic SMART launch with Sutter Health in February, allowing for more convenient evidence search by providers. They then add patient-context (the equivalent SMART on FHIR flow to what we see here) when Cedars-Sinai went enterprise-wide in May. UpToDate has four distinct applications across deeper workflows like patient engagement listed in Epic Showroom and announced a partnership with Epic to power Art at UGM Abridge and other ambient scribes have invested deeply into the deepest bidirectional clinical copilot workflow with integrations well beyond SMART on FHIR. In that light, the “Who is OpenAI primarily targeting here?” is clear. This release brings them into striking distance of OpenEvidence, but not the others quite yet. They are the only one of the three you can reach without building something truly Epic-specific. When will they go further? Competition is a great motivator to overcome the horizontal demons and start building things that can’t be reused: not across industries, not across EHRs, maybe not past the customer you built them for. That’s the price of actually verticalizing. The question is if and when OpenAI will be willing to pay it. Month in Review Here is the monthly review. As a reminder, this is a regular round-up of the month’s posts and other content to surface things you may have missed across regulation, litigation, interoperability, and beyond. AI assistance is used in these bullet summaries so I can focus on articles. Articles Published: None this month Video Content: The Information Exchange: Standards-based Thruple Edition (Aug 14): Back to school for us too, with Brad reporting in from the CMS Health Tech Ecosystem’s one year anniversary in DC. We get into the January CMS-0057 deadline, the fall rulemaking reading list, and why enrollment still keeps most apps off FHIR. The Information Exchange: Epic Dúnadan Edition (Aug 25): A UGM roundup with Ryan Brickner joining for the first time to check our takes against what the building actually thinks. Rangers, Ergo sitting on top of EHI, and a down-market lineup that needs some cuts. Regulatory: Stacked Deck, Bad Hand (Aug 05): ONC’s website refresh took the entire HIT Policy Committee record with it, so I rebuilt the archive and went looking for the regulatory capture story everyone assumes is buried in there. Stacking the deck and winning the hand turn out to be very different things. The Sixth Generation of Patient Access (Aug 19): A quick catalog of the five generations of patient access we’ve layered on since HIPAA, and the two candidates now competing to be the sixth. One is planned. The other is the market routing around the plan entirely. Court cases: Three Cases Walk Into a Docket (Aug 06): Two surprise settlements cleared the board in a single week, and then Judge Maddox dropped ninety-four pages on Vyne v. Henry Schein. The sleeper is a DMCA holding that makes direct-to-database a considerably riskier business model. Epic v. Health Gorilla: Into the MDL (Aug 10): Nine class actions are headed to Miami, and the Panel signaled it wants to bring the case that spawned them along too. That would leave Epic arguing the requests were obviously fraudulent in one courtroom and unknowable in the other. Amazon v. Perplexity: Agents Are Legalized! (Aug 11): The Ninth Circuit vacated the injunction against Comet, holding that the user is the one accessing the servers rather than the company that built the agent. A real win for agentic access, and a much narrower one than the headline suggests. Veeva v. Epic: Come At Me, Bro (Aug 26): Epic’s response brief wants the dismissal affirmed and, unusually, wants the opinion published as precedent. Buried in it is Epic’s own description of what its non-competes actually prohibit, which current and former employees should read closely. EHRs: The Contract Epic Would Never Sign Today (Aug 04): A 1999 SEC exhibit catches Epic licensing nearly its entire product line, Tapestry included, to the company that became TriZetto. The marketing services menu attached to it is the part that will make you blink. Forecast from Verona (Aug 07): The Epic Almanac makes one argument six different ways: the AI is only as good as the networks behind it. Emmie headlines, Art’s context stack is the most ambitious part, and Penny finally gets an autonomous coding date on the calendar. Works With Epic MyChart (Aug 17): Epic’s first new Showroom category since the death of Workshop certifies hardware instead of software, badge on the box and all. Made for iPhone, but for blood pressure cuffs, and rough news for anyone selling the RPM stack sitting in between. UGM Hot Takes 2026 (Aug 20): Everyone else covered the AI announcements, so I went after Savvy deleting the payment gateway, Rangers as Boost with the timer removed, and a down-market lineup with too many entries. Plus the Health Grid tidbits I cannot help myself on. MyChart Central Grows Up (Aug 24): Device data and Emmie turn Epic’s identity hub into a full consumer platform, which is both a logical answer to ChatGPT and a bit of a mistake. It also happens to be the best scraping target Epic has ever shipped. Industry Analysis: The Wrong Yardstick (Aug 12): Vertical software keeps getting judged against Superhuman and Notion, which is the wrong bar entirely. Your user is comparing your product to a whiteboard and forty phone calls before lunch. Primitives vs. Abstractions (Aug 27): Developers want building blocks, systems of record prefer to hand out business logic, and both sides have a real case. There’s no test from the outside that separates the engineering reason from the competitive one, which is why this keeps ending up in court. Cross-industry Comparisons: The Two Kinds of Platform Power (Aug 18): Attention power and record power are different problems that keep getting handed the same regulatory toolkit. Congress’s latest swing at Big Tech shows both what’s possible and where it falls apart. The Dogs of (Platform) War (Aug 21): A CourtListener alert turned up a property management fight with healthcare’s exact shape and none of the Cures Act. Shell prospects, ghost accounts, a notetaker bot that came back to haunt someone, and a lawyer arguing both sides of the same theory in two states. Fractals All the Way Down (Aug 31): Yardi dominates property management right up until you zoom into one segment, where AppFolio owns it outright and Yardi doesn’t appear at all. Where you draw the line around a B2B software market is about to decide an awful lot of cases. Other News: If Judy Had the Courage (Aug 13): A short eulogy for the era when software was allowed to look insane: WinAMP, bold colors, and everything the grey chatbot era has taken from us. External Media: Portland Monthly Health Tech Meetup: Erin O’Brien channeled my own feelings - maybe it’s just because it’s August and beautiful, but the monthly edition of the PDX Health community meetup was a ripper. Make sure to reach out if interested to join for the next one. STAT’s Coverage of Epic This Month: Brittany Trang of STAT did a fantastic job of breaking the FTC investigation that’s been lurking, as well as UGM related coverage, so I had to give her her wish of a meme. Fall Conferences: I’m pumped to be kicking off my fall conference season in NYC at Nabla Accelerate next month, which Chrissy provided the link to apply for. Here’s the rest of my schedule in case you want to meet up: Commonwell (Redwood Shores, CA): Oct 13-14 Open@Epic (Madison, WI): Oct 21-22 eHealthExchange (Austin, TX): Oct 27 Sequoia Project (Austin, TX): Oct 28-29 HLTH (Vegas): Nov 15-18 RSNA (Chicago): Nov 29-Dec 3 Posts I Liked: HTI-6 Should Unbundle API Certification: Josh Mandel makes the case that HTI-6 should split (g)(10) into separate authorization and data certifications, so a PACS or a genomics platform can certify only the role it actually performs. Imaging is the urgent example, but the structure solves a much bigger problem. On implementing ePrior Auth with Epic: Scott Rossignol’s field notes from a live ePrior Auth build on Epic, including the two app registrations nobody warns you about and the CPT mapping problem waiting at the end. CMS-0057 implementations are going to be such a beast. Healthcare point solutions are starting to look a lot like streaming services: Spencer Dorn runs the cable-to-streaming arc against health IT and lands squarely on the bundling half of the cycle. Bundling can be good! It can also be bad! Life is nuanced. Health API Guy is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Subscribe
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What Box Office Bomb Crushed Obsession on Streaming?
(Welcome to my weekly streaming ratings report, the single best guide to what’s popular in streaming TV and what isn’t. I’m the Entertainment Strategy Guy, a former streaming executive who now analyzes business strategy in the entertainment industry. If you were forwarded this email, please subscribe to get these insights each week.) Before we get into this week’s issue, let me ask you for some suggestions. At the risk of coining too many names for too many things (hence my dictionary of terms...), I need a name for straight-to-streaming films that are too expensive to justify a straight-to-streaming release, but not big enough to justify a theatrical release. Like some of the films I highlighted in last week’s tally of the biggest film flops of 2026 so far: Hulu’s Mike & Nick & Nick & Alice, Pizza Movie or Never Change! They don’t feel like “made for TV movies” (think Hallmark and Lifetime movies, cheap Netflix romcoms, or Disney Channel Original movies, for example) but they don’t feel big enough for the big screen. They’re not “cinematic” enough, so to speak. As I wrote... “I still need a name for this middle zone of film that’s too expensive to go straight-to-streaming but too small to justify a theatrical release (with all the PR, distribution, marketing and whatnot costs that go along with it), the Goldilocks zone of streaming film death.” Friend of the newsletter Brandon Katz has suggested the “Bermuda Budget Triangle”, “The Platform Gap” and “The Distribution Deadzone”. I love that first one. I’d offer up the much wordier “The Streaming Budget Dead Zone” or “the Goldilocks Zone of streaming film death” but that last one isn’t accurate since, unlike Goldilocks’ porridge, these films are the opposite of “just right”. That’s the problem! Anyway, if you have any suggestions, let me know! On to today’s Streaming Ratings Report. As you can tell by today’s headline, things are going to be spicy! I’m looking at a box office bomb that did really, really well on streaming, somewhat challenging a few different narratives. And another Netflix series declined in its second season. All that, plus Wicked: For Good switching streamers, The Hawk continuing its strong run, _The Bear’_s finale season finally dropping off the charts, the WNBA posting a big viewership number, “shallow libraries”, a sitcom spinoff failing to launch, more big budget IP flopping on Paramount+, all the flops, bombs and misses, and a whole lot more. Let’s dive right in! (Reminder: The streaming ratings report focuses on the U.S. market and compiles data from Nielsen’s weekly top ten viewership ranks, Luminate’s Top Ten Data, JustWatch and Reelgood interest data, Samba TV household viewership, company datecdotes, Netflix hours viewed data, Google Trends, and IMDb to determine the most popular content. While most data points are current, Nielsen’s data covers the weeks of July 20th to July 26th, 2026. You can find a link to my terminology here.) Subscribe Film - The Latest Theatrical Success Story on Streaming In the latest edition of “Flops, Bombs and Misses of the First Half of 2026”, I made a crucial change: I started including theatrical films with the streaming misses. The streamers have collectively—including Netflix, but not to as big of an extent—stopped making a lot of straight-to-streaming films, and the ones they do make aren’t as expensive as in the heyday of the streaming bubble. After the following two films bombed in theaters, you’d guess that they’ll be included in my next collection of flops, bombs and misses six months from now: Masters of the Universe on Prime Video (only $64 million domestic box office) Mortal Kombat II on HBO Max ($79 million domestic) But you’d be wrong! Masters of the Universe, a reboot of the He-Man franchise, a toy from the 1980s, came to streaming on 22-July and did great! This long-gestating project—it’s been at every studio for years, and came close to getting a greenlight at Netflix—then finally came to theaters in June, and showed up on streaming less than two months later. (I don’t love this short theatrical window.) It surprisingly grabbed nearly 20 million hours on its debut: That means, wait for it, Masters of the Universe is currently the eighth biggest film on streaming through two weeks. My rough bar for “hit” is shows or films in the top 15%. Ergo…Masters of the Universe is a legit, streaming hit! (One quick caveat: if it falls out of the top ten next week, it will move to 13th overall, just on the edge of the top 15.) Of course, that’s the data for just 2026. Here’s how it stacks up to Prime Video’s theatrical films: That drop into its second week is typical for Amazon films, but also a worrying sign. I have a feeling interest in this film is front-loaded and we’ll see it drop off after this. As for Mortal Kombat II, in this case, the viewership numbers roughly match the theatrical outing, with only 4.1 million hours in its first week. Here’s how it stacks up to other HBO Max films: The best defense of this number is that, as a relatively violent rated-R film, Mortal Kombat II never had a good chance at breaking out. So now it’s time for a little big of “Entertainment Nuance Guy”: First, yeah, my headline is obviously facetious, since Masters of the Universe besting Obsession says more about horror as a genre than it does that film. Second, I read and listened to quite a few “nobody wanted this IP” takes about Masters of the Universe, and that’s not really true. At least enough people wanted it to power a 20 million+ hour debut! Third, both this film and Mortal Kombat II were considered “average” by viewers, but not great films, with a 6.4 and 6.3 respectively on IMDb. That’s just shy of the level needed to be a word-of-mouth hit. Fourth, in the olden days, strong word of mouth could transform a box office miss into a cable/DVD hit, like Austin Powers or The Shawshank Redemption. We haven’t seen a lot of examples of that on streaming, though. And there are far fewer ways to monetize the post-theatrical life of a film these days. Fifth, Prime Video has shown an ability to push their own titles well, likely because they control the Amazon Fire TV ecosystem. Add it all up, and here’s my nuanced take on Masters of the Universe: it was a box office bomb, but, shockingly, a streaming hit. Unfortunately, while being a theatrical hit saves your film financially, being a streaming hit does not. Both Masters of the Universe and Mortal Kombat II had big budgets and needed to make more money in theaters to justify them. So…Straight-to-Streaming or Theaters? We’ve hit a really fun point in the streaming calendar, since the films that came out in theaters in April, May, and June are now arriving on streaming. So the “Do theatrical releases help streaming performances?” question is gonna get a fresh round of updates nearly every week. No single week will answer the question, but we may get some insights. For example, so far in 2026, it looks like theatrical films are lasting longer on the weekly Nielsen film charts. Here’s a list of films that have made the charts in their fourth or fifth week of release, separated by “for kids” and “general entertainment”: It certainly seems like theatrical films are lasting just a pinch longer on the charts, with Project Hail Mary being the current five-week champion. One Battle After Another did well for HBO Max too, and even The Sheep Detectives made it four weeks. The only exception to this trend? Obsession, which only lasted two weeks on the charts. You might tempted to overreact to this news. Don’t. Obsession is a huge horror hit, but horror just doesn’t do as well on streaming. By the way, here’s the Google Trends for various theatrical and stremaing films: Plus, when it comes to Netflix in four months, Obsession may have another big boost. Quick Notes on Film Note that when I write, “the streamers have pulled back on straight-to-streaming films” that doesn’t mean “abandoned” because Netflix is gonna Netflix. On 24-July, they released 72 Hours, a Kevin Hart comedy. Along with Eddie Murphy, Mark Wahlberg, John Cena and Adam Sandler, Kevin Hart is a streaming film star now. Did this latest one work? Not really. It only garnered two weeks of 13.2 and 12.2 million hours on its debut, well below the 20-million-hour hit threshold. It also was poorly received critically—a 44 on Metacritic—and by customers—a 5.4 on IMDb on 21K IMDb reviews. We’re just getting started with this issue, but the rest is for paid subscribers of the Entertainment Strategy Guy, so if you’d like to find out… The latest Netflix true crime doc to pop on the charts… How The Bear finished its run… Netflix’s latest Western to return to streaming… What Paramount+ animated film flopped… And what sitcom also missed… All the flops, bombs and misses… And a whole lot more… ...please subscribe! We can only keep doing this great work with your support. Coming Soon! I’m behind by a week, so we’ve got two issues coming your way this week, including one in a couple of days or so, then we’ll be all caught up**.** Next issue, inspired by The Super Mario Galaxy Movie coming to Peacock, I’m going to take a look at the workhouse of streaming TV: kids films. Plus The Devil Wears Prada 2 continues theatrical films’ big run on streaming. All that, plus another surprise hit on Hulu, Lioness on CBS, and a whole lot more. Long term, LeBron James is filming his own “Last Dance”-style docu-series, surprising no one. But as I’ve been writing about a lot this summer, this genre is really overrated, so whoever ends up buying it (reportedly ESPN) really shouldn’t pay too much for it.
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