Hence the US judge will say “I’m not doing that.”What? How and why would a US judge deal with Australian law. WHAT?! Can't even understand how that would be legal for the US judge. Just what?
Hence the US judge will say “I’m not doing that.”What? How and why would a US judge deal with Australian law. WHAT?! Can't even understand how that would be legal for the US judge. Just what?
I don’t get the reference.
Why would the lawyers wear wigs when considering Australian Laws?
Do Australians wear wigs?
This is a pretty common way of dealing with the concept of lis alibi pendens. Most jurisdictions extend the courtesy to wait until the foreign court has done it’s thing, and yes, sometimes they’ll expect that the other court (also) applies their own laws if both would have a claim for jurisdiction.
These kind of courtesies and expectations are often based on international treaties. The logic here is that it’s better than to just go ahead with the case and end up with two conflicting outcomes on the same matter.
Two conflicting outcomes could cause a heap of issues, since (depending on the jurisdictions, the laws and whatever treaties there are between the two) there a less than 0 chance that both court decisions can be executed.
An example of the practical consequences would be: one order saying Apple has to pay Epic $1M, the other that Epic has to pay Apple $1M, both refusing to follow the other’s order (and having to start a case about that) or worse, Apple going to Epic’s bank and seizing the $1M while Epic goes to Apple’s bank to seize $1M.
I don’t get the reference.
Why would the lawyers wear wigs when considering Australian Laws?
Do Australians wear wigs?
I really hope more than just a few people notice how ridiculous they sound saying that.Low prices in app stores is a human right now?!
Low prices in app stores is a human right now?!
That doesn't show that at all. These are both American companies and its a very complex legal situation that no judge wants to touch right now. Its a bit of a joke really that this is even a thing and Epic loses at almost every ruling because of how they handled the whole thing.This just shows that Australia is under USA control and has nothing to say, regardless of pro Epic or con Epic.
Sad for Australian people, that Australia counts on decisions made in the US.
I don't agree with that at all. Part of the stability, security and popularity of iOS is because of its strict rules to protect consumers. Like it or not but Apple created what most consumers actually wanted. A no nonsense it just works platform and ecosystem. Take that away and you alter the brand value of that platform for everyone. If you want a more open mobile device you have Android as an option.I hope Epic does win somewhere and Apple does make some changes to their App Store. I remember a time where apps like Kindle, ComiXology and others had their stores built in the apps until Apple changed the rules to pay up or remove the feature.
iOS devices should be open like Macs.
It has nothing to do for being an American Company or not. Usually you have to sue where the Company is registered and operate. E.g here in Germany it’s “Apple GmbH. Katharina-von-Bora-Str. 3 80333 München Deutschland”, but they can try over the EU route, or sue over each Country.That doesn't show that at all. These are both American companies and its a very complex legal situation that no judge wants to touch right now. Its a bit of a joke really that this is even a thing and Epic loses at almost every ruling because of how they handled the whole thing.
If someone wants to take on Apple they should probably pick somebody other than Epic to head that battle. This is like Jar Jar Binks taking on the Empire all by himself.
Because it is exactly the same facts and broadly similar laws (or possibly completely "harmonised" by an FTA), so there's a good chance that if Apple acted illegally anywhere they did everywhere and vice versa. It reduces the amount of dicking around that's otherwise possible (e.g. wanting to delay the trial in one jurisdiction because there's some evidence admissible in there that they're trying to exclude elsewhere). If the decision is even close to borderline, the loser can then appeal it to each of the national courts and argue about the fine details of applying their respective laws to the established facts.Why would an American judge bother to make a ruling that’s not based on American law nor in American jurisdiction? If I were the US judge, I’d say do your own job, I’m busy with my own.
That's because it employs people in America (locally hired, not diplomats etc.), owns land in America, and so on. The treasury probably does some trades on American markets too. You'll find pretty much every government listed there, and America will appear in most countries' register of corporation numbers for the same reasons.I believe Australia is a legally registered as an American corporation.
Might be worth going back and reading some replies in this thread, will enlighten you.What? How and why would a US judge deal with Australian law. WHAT?! Can't even understand how that would be legal for the US judge. Just what?
Guessing the first 6 words in sig is not applicable.I believe Australia is a legally registered as a Chinese corporation.
The owner of epic is a wealthy man and has made of this issue a personal crusade.not sure why epic even tries. Sewell said apple has a little over 500 lawyers on staff and a 1B budget for legal. I doubt epic's legal team is even close to that size.
Apple could lose. David can take on Goliath. They (either apple or epic) could also appeal.not sure why epic even tries. Sewell said apple has a little over 500 lawyers on staff and a 1B budget for legal. I doubt epic's legal team is even close to that size.
Yep, it ain't over 'till the big boned gal sings.Apple could lose. David can take on Goliath. They (either apple or epic) could also appeal.
No, people aren't idiots.
Whether a person is tech-savvy or not, she deserves to know what's going on, and have some choice in her apps are coming from. It isn't just a developer problem; it's a user education problem.
Even if I don't know/care initially where a certain app came from, I'd rather know than not know, and once I know, I think the experience can be much better than the App Store. I'm not just talking about payment systems (needing to go through my Apple ID, paying extra for apps because developers are bundling in the Apple tax) or sideloading otherwise-censored apps. You also have local vendors that are much better at search-indexing in their native languages, game stores that are better at marketing/showcasing their content because they're curated by game developers, a medical app store that's more trustworthy -- and doesn't need a one-size-fits-all Apple guidance or "don't take our medical advice, call 911" type of disclaimer -- because it's curated by a trusted medical company, etc. etc. and a whole slew of other choices that can give the user a better experience.
TLDR: People are knowledgeable and they deserve to be able to exercise that. This argument that users wouldn't know any better and would get their phones into a hot mess of sideloaded apps is dumbing people down way too much. Treat people like they are intelligent beings and they will respond as such. If they don't, then use the UI (and other malware/silent detection built into the OS) to guide them.
As others have pointed out, macOS users are doing just fine. Humans didn't just become dumber because they started using the iPhone.
His argument about curating is full of hogwash. However, if someone does NOT want a curated experience, I think that person should be allowed to do so without going through annoying steps to do so. And without voiding the warranty. If it means someone buys and installs an .ipa directly from the publisher's website, or through an alternative platform.
Perhaps there can be some sort of "Trust" system that say for example Steve's Apps sells apps. It is an actual app like the regular App Store. You can browse and buy. Steve's server handles storage and transactions just as Apple does. But long as they're not selling anything illegal, not scamming the transactions, Apple gives you some sort of private key that shows 'verified by apple' or something that provides users a higher level of comfort that it is a legit, alternative store. If Apple still somehow makes some money, if not the commission, perhaps they can get some sort of blessing. However, the content, if it is adult content/mature content, or perhaps a web browser that doesnt use webkit, makes competing software that apple would never approve of, then there would be no monoply concerns, apple will be more at ease, customers would be more at ease, and everyone is then happy.
I didn’t know a court in the US could try cases under foreign laws. Is that a quirk of the US legal system, or do courts in many countries do that?
I think they are trying to say, everyone including Australians are having to pay more because, Epic is being forced to pay Apple.I don't understand the following quote from "epic", how exactly are Australian users paying more for their apps? Is that really happening? Here's what "epic," said:
"We remain committed to our fight for increased competition on digital platforms in Australia and around the world. Australian consumers have the right to install apps from the sources they choose and avoid paying excessive prices for apps. We will continue supporting the Australian government and regulators in their pursuit of fair competition in mobile app marketplaces."
Many countries that are part of the British Commonwealth have judges with powdered wigs. The difference is, Australia requires they wear them upside down.I don’t get the reference.
Why would the lawyers wear wigs when considering Australian Laws?
Do Australians wear wigs?
I held a law degree once. I was helping a friend hang it on his wall. (For that one moment, he was the hanging judge.)John Cleese actually does hold a law degree.
I remember when developers had to ride a dinosaur to the code mines uphill both directions. Back then, cell phones were made of two cans and a length of string. The cans were made out of rock because, no one had invented metal yet.I remember a time where a developer would be lucky to get 20% of the revenue sold in mobile stores like Verizon's App Store (pre-iOS) also they would charge you a monthly fee for bluetooth to be enabled on your phone even though it cost them nothing.
Epic is a scumbag company that’s incredibly greedy. Let’s also not forget they have rocket league which brings in billions. So when chainstores sell their toys does that mean, target, Walmart etc have to sell it without making a profit on epic? This whole case is ********. That runt Ceo should be ashamed of himself.
Epic Games and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia, in an attempt to boost its chances of getting a favorable ruling.
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Things aren't quite going Epic's way, however, as the justice overseeing the case today decided that he's going to let the two companies battle it out in the United States.
According to Gizmodo Australia, the Australian case has been stayed for three months, and for anything to move forward, Epic Games has to file a lawsuit in California alleging violations of Australian Consumer Law.
Basically, the Australian judge wants Epic to file its Australian case in the United States, which would see Judge Gonzalez Rogers, who is overseeing the U.S. dispute, managing both cases. In this situation, Gonzalez Rogers would need to try the case under U.S. law, and then Australian law.
Epic Games has three months to file the Australian lawsuit in California, and if that doesn't happen, the Australian case will be permanently stayed.
The only way that the proceedings can be brought back to the Australian court is if Judge Gonzalez Rogers declines to determine whether Apple has violated Australian law. Epic can also appeal, but an appeal won't be heard until November at the earliest.
In a statement, Epic Games said that it "remains committed" to its fight in Australia and around the world.Regardless of Epic's decision on the Australia case, it is currently on hold while the legal battle plays out in the United States. Epic Games and Apple will meet in court on May 3.
Epic's attempt to expand its fight with Apple to the UK also fizzled out after the country's Competition Appeal Tribunal rejected the lawsuit and pushed it back to the United States. As in Australia, if the U.S. courts decline to rule on relief in the United States, the case can later resume in the UK. Epic has also appealed to the European Commission, but there is no ruling from the EU as of yet.
Article Link: Epic's Case Against Apple in Australia Might Be Over