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If Epic and their new gang of complainers know that running the likes of the applications stores and providing secure operating systems is so easy, why don't they create their own and show Apple and all the other how it is done. Guess smoke and mirrors do not sell well.
 
It's worth noting that YGR was skeptical of both sides, calling Apple's security and privacy concerns of other IAP methods as "way overblown" and noted that hotfixes were an industry standard for deploying patches and bug fixes, one that Apple itself uses. She also pressed Apple's counsel to defend its 30% commission rate, particularly when there is no other force in the iOS ecosystem to drive it down asking "Why not 15%? Why not 20%? Forget others, why is it 30%?"

She also was critical of Epic's claims of irreparable harm, claiming it is only losing a handful of millions which is hardly noticeable for a multi billion dollar company (indeed, Epic rejected her proposed compromise of allowing Fortnite back onto the App Store with all Apple IAP going to escrow until the dispute is resolved.)

It is interesting that when she suggested a jury trial, Epic requested a bench trial while Apple remained mum on the matter. YGR noted that security/privacy concerns play particularly well with juries and that Epic would have an uphill battle, but if it could win over a jury, the ruling would having more weight in appeals.

Looks like this is going to be a toss-up either way, we'll have to wait until July 2021 for a result.

This tweet sums it up perfectly:

 
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They're counting on that jury trial because the jury most likely won't understand the technical reasons for the rules Apple sets and that people are becoming more emotionally bias in their decisions.
 
I still don't understand why it matters if the devices/consoles are sold at a loss or not when it comes to the 30%. 30% is still 30% and it's the platforms right to set what commission it feels is right and developers can choose if they want to agree to that and distribute on that platform or not.

It doesn't matter at all, really. In fact, it's a mystery why they brought that up at all.

Epic's case is weird because in real life everything in the retail world is marked up by some percentage or another. The difference is that in the app store the percentage is directly visible.

Amazon's app store works differently, from what I remember - Amazon buys X copies of an app and sells it at whatever price they want. I have no idea how that works for DL content. IMO that's a worse model for app developers, but I guess it works for those on Amazon's app store.
 
the judge makes common sense - how refreshing
anyway other good mobile game out there
play pubg or cod warzone
though id rather play classic splinter cell or fallout 4 on my gaming pc
 
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I think the judge knows that EPIC could have contested things differently without their open defiance stance. All they did was alienate all their Apple consumers, good luck getting that back.

To be fair, when Epic defended it actions, YGR noted that it provided "good evidence" that the App Store (primary market) is separate and distinct from IAP (aftermarket), running counter to Apple's longstanding claims that the two are integrated (both aftermarket, hardware being primary market) - a fact that Epic could not have otherwise proved. This has important implications for its anti-trust claims. While Epic may lose on its contractual IAP obligations, it may very well win proving the App Store is a monopoly (i.e. no other stores allowed in the primary market).

All that said, YGR was puzzled why an injunction was needed stating "this doesn't mean Fortnite can't go back into compliance now. You made your point, let a jury decide."
 
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This case won't make it to trial. Epic first has to somehow convince the judge that the "iOS App Distribution" is a "market" within the meaning of antitrust law, and that in-app purchase is separate product that Apple is tying to developers use of the "iOS App Distribution Market."

Aside from Epic's attorneys, you'd be hard pressed to find any attorney that gives Epic a snowball's chance in hell of proving either one, let alone both.

The tying which you refer to (between iOS app distribution and iOS IAP) isn't the only antitrust violation which Epic alleges. It has other avenues to establish that Apple has violated antitrust law.

That said, Epic doesn't necessarily need to convince a judge that iOS app distribution is a relevant antitrust market. That's a question of fact which a jury can decide. It's possible that Apple con convince the judge that there isn't sufficient evidence to support such a finding, or that the judge should otherwise decide by summary judgment that iOS app distribution isn't a relevant antitrust market and thus not allow the jury to consider that issue. But it is something which the jury can decide for itself, and at this point I'd say it's fairly likely that the jury will end up considering that issue - unless the case ends for other reasons. At any rate, Epic doesn't need a decision from the judge that iOS app distribution is a relevant antitrust market in order to get the case to trial.
 
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They're counting on that jury trial because the jury most likely won't understand the technical reasons for the rules Apple sets and that people are becoming more emotionally bias in their decisions.

If you mean Epic is counting on a jury trial, then I'd point out that Epic hasn't asked for a jury trial (as far as I'm aware from the filings which I've read) whereas Apple has asked for a jury trial (in its answer and counterclaims filing).
 
This case won't make it to trial. Epic first has to somehow convince the judge that the "iOS App Distribution" is a "market" within the meaning of antitrust law, and that in-app purchase is separate product that Apple is tying to developers use of the "iOS App Distribution Market."

Aside from Epic's attorneys, you'd be hard pressed to find any attorney that gives Epic a snowball's chance in hell of proving either one, let alone both.

YGR noted that Epic did just that. While not entirely convinced that the iOS App Distribution constitutes a primary market, she did note there appeared to be a fundamental difference between iOS App Distribution and In App Purchases. If IAP is considered an aftermarket, and not an integral part of the App Store, that could very well put iOS App Distribution into primary market territory. Two separate products, tied together. Ultimately, it will likely be up for a jury to decide, in July 2021.
 
It's interesting that Epic believes that consoles are sold at a loss. That's been the industry myth for a long time, a myth that hasn't been supported by the facts. There are companies who do teardowns and look at the BOM, but if you look at the division financials only certain consoles are sold for a loss; Nintendo, for example, seems to be making money off the Switch hardware.
I've heard of some consoles selling at a loss when first released, but they know that will turn around once the manufacturing process gets more efficient.
 
they should offer to sell all the Fortnite objects inside the Mac version without the apple store tax, and with the 30% for the iOS version.... Fortnite wins, and Apple also wins cause they are promoting playing on Mac...
 
Yeah, I'd tweaked my wording a bit after you quoted me-- I don't even really think they're "after" a jury trial, but it's the best they could do from this course of action. I think they're after the theater of a court case, first and foremost.

Ah the ol' Wookie defence must swing em jurors ;)
 
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I can't help make note of how much Epic screwed its users here. By intentionally breaking the app rules, they got kicked out. Theoretically, they could have just sued Apple for monopolistic or whatever arguments, without breaking the rules (and doing so in an underhanded way). If they had gone that route, not sure a judge would let Apple pull them from the App Stores while the case played out. It seems like this whole approach has been sensationalist (i.e. the "1984" commercial), rather than strategic.
 
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