Update On Epic's Trial Against Apple
Somehow, we got through Monday without anything new in the epic. Battle. Between Apple and epic. Games. What. Without any decision than the battle? Anyway. Given the speed with which she decided. The first time many myself included had expected judge Yvonne. Gonzalez's Rogers to rule on two particular points whether fortnight would be forced back into the. APP. Store. For the duration of the fight and whether apple would be allowed to kill the epic developer account tied unreal engine. While the first point could be a blow to epochs game side. The second could be a blow to many others at a bare minimum thousands of developers use unreal engine to power effects and their applications. If. Apple succeeds in tanking support for unreal engine, those developers will have to go elsewhere. Either out of the APP store or to another graphics engine. For a Quick Synopsis You can go to just about any site, the next web venture beat scene that. CNN. To me though the fun had to be reading the twitter thread, Financial Times correspondent Patrick McGee's coverage. Fun Because you get to read the blow by blow starting with the judge being irked that epic produced no documents for discovery. She was curious how epic and say Apple's thirty percent cut is unfair when seemingly every platform charges the same thirty percent cut. At the same time, she quizzed apples lawyer on where the competition was. Why is everyone charging thirty percent? Rather than some at ten percent some at twenty and so on. Apple's attorneys seems to indicate that apple started the thirty percent thing in two thousand eight. and. Everybody else followed suit. The real anticompetitive issue according to epochs attorney that apple won't let epic or anybody else set up its own store inside the IOS APPS store. To this McGee had apples attorney saying. EPIC creating its own competing store within the IOS platform is essentially an indictment of apples entire business model which has been committed to the safety security and privacy of its users. That is a fundamental disagreement with the way. Apple has chosen to do business, but apple's business model has been consistent throughout its existence. This is the way it has chosen to set up its model and its trademark is to safeguard its users. Seeming to lean apple's way on the fortnight. As you judge, Gonzales Rogers pointed out that walled gardens have existed for four decades. From. Nintendo consoles and handhelds to Microsoft to Sony. What apple is doing is not much different. She said they created a platform. There was a fascinating argument about whether in APP purchases through the APP store or a product in themselves separate and distinct from the APP store. At big argues they are while apple says they are not. Judge Gonzales Rogers seemed again. Decide with Apple. The were interest was piqued by a line of thought presented by epic when the company started its own sales in the fortnight APP on IOS. Fifty percent of people playing took advantage of buying the box directly from epic. The judge then put the question to apple's attorney. Doesn't that prove that half of apple's customers wondered an alternative to the APP store and it's in that purchase system. Apple's attorney countered all that really prove was that people would rather pay seven dollars then ten dollars for the same thing. Apples attorney said it was more telling that the other fifty percent would rather pay ten bucks through Apple's own system rather than give their payment info to someone else. The question of unreal engine was murkier this time around than last. While epic argued that trying to kill unreal engine To the APP store was retaliatory and had already done irreparable harm that the company. Apple argued that it wasn't fact defensive. McGee, says, Apple's attorney argued that if unreal is allowed to operate than epic, may try to sneak past apple's APP review process. According to the attorney, others would do it too, and that really goes to the core of the system. So it's not just epic and unreal engine that we're concerned about. That would go to the core of apple's business model and unravel it and be a green light to other companies and that would be very dangerous. Apple wasn't retaliating against unreal engine said the attorney it was protecting its ecosystem. As for four nights hot fix plugging its own payment processing into the. Judge Gonzales Rogers was stern saying to epic. You were not forthright. You weren't. You were told you couldn't do it and you did you know there's an old saying arose by any other name still arose. I mean, you can trial you want. There are plenty of people in the public who consider you guys heroes for what you did. But it's still not honest. Don't try to convince me that you were forthright. When you weren't. Up once again, suggested that epic put things back the way they were bring fortnight back to the APP store using apple's payment system and let the Games continue inside while fight continues in court. This prompted an idea from the judge. What is it thirty percent went into some kind of escrow account. What if the thirty percent apple would normally get from sales in the APP was held in escrow until the case is decided. Would that be cool with both parties? The attorney for Apple said, he'd have to check with apple but. That would seem to address a lot of issues. Epic declined however saying the court should not give its assistance to unlawful provision by monopolists. While there are two cases underway here judge Gonzales Rogers said she'd rather run them as one trial while she knows whichever side loses will appeal. She could be a jury trial because verdicts by jury or less often overturned on appeal. That said either apple or at Belk has to demand the jury trial for jury trial to happen. She'll need to hear their answer on that today. As for when the trial should go forward house next summer for everybody. I think you're looking at a July trial date she said. My favorite quote actually happened in the middle of the proceedings when the judge said. I think this is going to be a fascinating trial frankly because each of these efforts makes a compelling argument.