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The highly-anticipated Epic Games vs. Apple trial kicked off today in a federal court in Oakland, California, with lawyers for both companies delivering opening remarks before District Judge Yvonne Gonzalez Rogers.

fortnite-samsung.jpeg

Lawyers for Epic Games attempted to paint the App Store as anti-competitive and monopolistic, noting that developers are forced to use Apple's in-app purchase system, and thus pay Apple a 30% commission on sales. (The rate drops to 15% for subscriptions after the first year and for qualifying developers who sign up for Apple's new Small Business Program and earn less than $1 million per calendar year in net revenue.)

Epic Games described the App Store as a "walled garden" and presented emails from current and former Apple executives like Steve Jobs, Phil Schiller, Craig Federighi, Eddy Cue, and Scott Forstall in an attempt to prove this claim.

Epic Games wants Apple to be forced to allow third-party app stores on iOS and to let developers offer direct payment systems, but Apple argued that a single, highly-curated App Store is necessary to protect the security, privacy, reliability, and quality that customers have come to expect from the company.

"Epic wants us to be Android, but we don't want to be," said Apple lawyer Karen Dunn, referring to the ability to sideload apps outside of the Google Play store on Android devices. "Our consumers don't want that either," she added.

Epic Games is the creator of popular battle royale game Fortnite, which Apple removed from the App Store in August 2020, shortly after Epic Games slyly introduced a direct payment option in the app, in defiance of the App Store rules. Epic Games then filed an orchestrated lawsuit against Apple, accusing the company of anti-competitive behavior.

At the time, Apple said Epic Games "took the unfortunate step of violating the App Store guidelines that are applied equally to every developer and designed to keep the store safe for our users," adding that it would "make every effort to work with Epic to resolve these violations so they can return Fortnite to the App Store." Epic Games has refused to cooperate, however, and Fortnite remains unavailable on the App Store.

Epic Games CEO Tim Sweeney testified at the trial today, saying that by introducing the direct payment option, he wanted consumers to see that Apple exercises "total control" over iOS and software available on the platform.

The trial is expected to continue for a total of three weeks, with Apple's CEO Tim Cook and other executives expected to testify.

Article Link: Apple Says Epic Games 'Wants Us to Be Android, But We Don't Want to Be'
 
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jav6454

macrumors P6
Nov 14, 2007
17,027
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1 Geostationary Tower Plaza
Maybe someone should start a class action lawsuit against Epic for trying to change the ecosystem Apple users paid for.
That is actually not a bad idea. The reason I went with iOS since the start and keep it as such was and is the App Store and it's security. I haven't heard of single malware for iOS vs hundreds for Android.
 
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bradders_uk

macrumors newbie
Aug 5, 2020
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102
"Epic Games CEO Tim Sweeney testified at the trial today, saying he wanted consumers to see that Apple exercises "total control" over iOS and software available on the platform."

Erm... yes... we know, that's exactly what we paid for and want!! If I didn't, I'd go Android.
 
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ouimetnick

macrumors 68040
Aug 28, 2008
3,099
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Beverly, Massachusetts
I find it interesting in how cases like these allow each side to use the other side’s internal emails, texts, etc.

Torn on this case in general. While I agree with some of Epic’s argument(s) intentionally violating the ToS in the Apple Developer agreement and prepping for the law suit for the past few years seems bizarre.

Basically premeditated on Epic’s part.
 
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Astralis56

macrumors newbie
Nov 16, 2020
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Maybe someone should start a class action lawsuit against Epic for trying to change the ecosystem Apple users paid for.
Right? I don’t recall an instance where a product manufacturer told Walmart how to run its store. People go to Walmart from their own will, and that’s the same thing with Apple. You want to distribute your product on a platform that you haven’t created yourself? Then pay the cut.
 
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amartinez1660

macrumors 6502a
Sep 22, 2014
898
789
"Epic Games CEO Tim Sweeney testified at the trial today, saying he wanted consumers to see that Apple exercises "total control" over iOS and software available on the platform."

Erm... yes... we know, that's exactly what we paid for and want!! If I didn't, I'd go Android.
I’m willing for the sake of argument try to think this further but there’s not much more really.

The question might be if we as customer are being taken advantage of or eating a lesser than ideal device/product/service because they tightly integrate it all? I hardly think so, but let’s suppose that it can have dire consequences in the future... well, I think they wouldn’t at least not on purpose because the moment that happens then they will bleed costumers.
 
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neuropsychguy

macrumors 65816
Sep 29, 2008
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pretty sure Epic gaming has been better than apple's offerings or lack there of
I read your comment multiple times and am not sure what you mean. Can you clarify your comment?

Do you mean Epic has made more good games than Apple? That’s true, I guess, but Apple isn’t a gaming company so it’s comparing oranges to apples (pun intended). Game quality also is not the point of Epic’s lawsuit. Their point (remember this move was planned years ago) is to use Apple’s services for free or at least for less money than they pay now. Epic wants to live tax free in Apple’s ecosystem. They want to profit off Apple without paying anything to Apple.
 
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dannyyankou

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Mar 2, 2012
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Westchester, NY
Companies can enforce rules about what they sell and how they sell them. Walmart can remove a shirt that they discover is obscenely offensive, or Costco can only accept Visa cards because of their partnership with them.

The idea that Apple is being anti competitive is laughable considering how many platforms Fortnite is on.
 
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SuperMatt

macrumors 65816
Mar 28, 2002
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I recommend the MacStories article discussing this. The author is an experienced lawyer.

 
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