Epic Games Says Court 'Reached the Wrong Answer' and Made 'Multiple Legal Errors' in Apple Fight

[MacRumors]

Epic Games and Apple are continuing with their legal dispute, and today, Epic Games filed its Appeal Reply and Cross-Appeal Response Brief, following Apple's appeal filing back in March.

In the filing, Epic Games reiterates many of the same arguments that it made during the trial. The company believes that the district court "reached the wrong answer" and made "multiple legal errors." Apple, says Epic, is ignoring these errors and "employing diversion" to distract the appeals court.

Responding to Apple's claim that sideloading or alternate app stores would compromise the security of the iPhone, Epic Games again points toward the Mac, where apps can be downloaded outside of the Mac App Store. Epic believes the only consequence of support for alternate app stores would be Apple having to "compete for its customers."

Apple also asserts that the relief Epic seeks will compromise the security of the iPhone. But that is untrue. The operating system Apple uses in its Mac computers ("macOS") does not include the challenged restraints found in the iPhone operating system ("iOS"), and Apple consistently touts the Mac's security. Apple also permits multiple alternative payment solutions in the App Store for apps selling physical goods, confirming that the requirement to use Apple's in-app payment solution, IAP, for digital goods serves no procompetitive goal. If Epic prevails, the App Store would not be dismantled. No customer would ever be required to use any of the things Apple complains about--an alternative app store, direct downloads for app distribution, or an alternative payment solution. The difference is that Apple would have to compete for its customers.

The rest of the briefing dismantles Apple's own appeal and points out alleged errors made by both Apple and the court. It can be read in full over on Scribd, for those who are interested.

Going forward, additional briefs will be submitted by Apple and Epic Games before the court decides to set a date to hear the arguments. Apple is expecting a decision by summer 2023 at the earliest, so we will be continuing to hear about the dispute between Apple and Epic Games for another year at a minimum.

Apple has zero intention of reinstating the Epic Games developer account until the legal battle has been settled, so Fortnite will not be returning to the App Store. There are, however, alternatives, as Fortnite can be played on the browser on the iPhone or the iPad through Fortnite support on Microsoft's Xbox Cloud Gaming platform or GeForce NOW.

Article Link: Epic Games Says Court 'Reached the Wrong Answer' and Made 'Multiple Legal Errors' in Apple Fight

 

[GizmoDVD]

Epic still acting like a sore loser. Nothing new.

I'm glad they are losing hundreds of millions because of this.

I keep redeeming all those weekly free games as well, which costs them money, with zero intentions of ever loading their software on my computers.

 

[cocky jeremy]

Give it up, losers.

 

[Realityck]

It was Epic's choice to start this whole mess. Couldn't work something out without creating issues for all Apple users including MacOS when that wasn't even involved.

 

[ponzicoinbro]

I will now make Epic excuses for my Epic fails.

 

[TheYayAreaLiving 🎗️]

No, they didn’t Epic games. Epic Games made the wrong choices by calling out Apple. They got greedy and wanted Apple’s money. Until then, Epic Games will continue to lose money every single day.

 

[britboyj]

Epic more or less won that, in the legal sense... sigh.

 

[pianostar9]

There are, however, alternatives, as Fortnite can be played on the browser on the iPhone or the iPad through Fortnite support on Microsoft's Xbox Cloud Gaming platform or GeForce NOW.

You did it - you got Fortnite to be available outside of the App Store ;P

 

[jonnysods]

Meanwhile other companies that have an app marketplace charge 30%.

 

[pacalis]

That video Epic made was a real class act.

So was breaching the terms of their contract and screwing all the kids and families playing fornite on their macs and ipads in the middle of the pandemic.

Sweeney should just sell the rest of his shares to tencent so they can go about their whining in a Chinese court.

 

[jav6454]

Epic is just whining...

 

[TheYayAreaLiving 🎗️]

Epic is just whining...

They have been for years now. It’s a losing battle for them. Things are not looking so good.

 

[jav6454]

They have been for years now. It’s a losing battle for them. Things are not looking so good.

Well, here is the thing. They might be loosing the battle, but the war is far from over. Several legal changes that affect Apple and Google. Granted it also affects others and legal challenges will be made.

 

[bookofxero]

Epic still acting like a sore loser. Nothing new.

I'm glad they are losing hundreds of millions because of this.

I keep redeeming all those weekly free games as well, which costs them money, with zero intentions of ever loading their software on my computers.

It is TenCent's money and push, as much as some people try to deny it.

 

[jav6454]

It is TenCent's money and push, as much as some people try to deny it.

Not much of a money push, but a data mining push. Tencent being a Chinese company.

 

[bookofxero]

No, they didn’t Epic games. Epic Games made the wrong choices by calling out Apple. They got greedy and wanted Apple’s money. Until then, Epic Games will continue to lose money every single day.

No, TenCent "invested" in Epic to push for them to fight this ridiculous battle. I will not get into conspiracy theories for which I have no proof, but one can easily imagine why.

 

[Ferc Kast]

The operating system Apple uses in its Mac computers ("macOS") does not include the challenged restraints found in the iPhone operating system ("iOS"), and Apple consistently touts the Mac's security.

While iOS and iPadOS were/are based on MacOS, they're two independent operating systems. Pun not intended, but Epic is comparing apples to oranges.

 

[bookofxero]

Not much of a money push, but a data mining push. Tencent being a Chinese company.

Exactamundo!
Also, as much as Epic and others try to play the "if you don't want to use other app stores, no one is forcing you" card, they are playing willfully ignorant to how much of an opening this creates in the OS regardless if you choose to avail yourself of it.

 

[jav6454]

No, TenCent "invested" in Epic to push for them to fight this ridiculous battle. I will not get into conspiracy theories for which I have no proof, but one can easily imagine why.

It's not hard to imagine why or say it.

 

[bookofxero]

It's not hard to imagine why or say it.

It is not, but I do not want the mods to flag and delete my comment, so I will leave it unsaid.

 

[jav6454]

Exactamundo!
Also, as much as Epic and others try to play the "if you don't want to use other app stores, no one is forcing you" card, they are playing willfully ignorant to how much of an opening this creates in the OS regardless if you choose to avail yourself of it.

Well, it won't affect those who don't use "the Epic Store", but those who do will have their data siphoned. It is well known that personal data is much more valuable than a few micro-transactions. Having a separate distribution method easily bypasses Apple's privacy controls.

 

[ackmondual]

Responding to Apple's claim that sideloading or alternate app stores would compromise the security of the iPhone, Epic Games again points toward the Mac, where apps can be downloaded outside of the Mac App Store. Epic believes the only consequence of support for alternate app stores would be Apple having to "compete for its customers."

Well, Apple isn't really a gaming system, so who cares, right?

 

[jav6454]

It is not, but I do not want the mods to flag and delete my comment, so I will leave it unsaid.

Well, it's not going to be deleted if it's within reason and does not insult.

 

[Marie.D]

The company believes that the district court "reached the wrong answer"

Lol the sheer hubris of corporations… “If it’s not the answer I want then it’s the wrong answer” Behaving like a petulant 8yo I see.

 

[ackmondual]

Is it just me, or are these situations starting to sound the same? It didn't that long ago when Apple was ruled against in some legal case, and their response was also in the lines of "we're disappointed in the decision that was rendered and will appeal this for sure". Now Epic is using the same line