I think the judge asked the questions that Epic lawyers should have asked (because this is such an obvious flaw in Apple’s argument).
I don’t know the rules of the U.S. court rooms but as a judge, if I have points that need to be answered and clearly would affect the outcome of a decision, I would make sure they are raised.
And her point is very valid: by the same rules that Apple applies to game developers, if my bank would have to pass 30% off every transaction to Apple (even if we just limit that to business between me and the bank, i.e interest for loans), then damn Apple would make even finer business. But they don’t.
Now, the argument would be most likely that the bank business exists whether Apple is there or not, but:
- The business is made significantly easier and probably more safer being handled through Apple’s eco system. So, with everything Apple said so far, they should have a share in that as well.
- If Epic would create all their games to also be played through a web browser, they would not build their business solely on iOS either. And this should give the right to create transactions that do not go through the Apple system.
- And to those pointing at “where would you be without …”, they existed before iOS was a thing. And where would iOS be without the time, creativity and support by those who created for it? Apple took the right decision to allow native development, thus paving the way for awesome content that they would not be able to create alone. Microsoft being late to the stage clearly failed because too few would throw themselves at their eco system.
Last but not least, Apple defended itself against the EU, saying that they just followed the law. And yes, the EU has not taken care to close these loopholes. Can’t argue against that.
But the reason companies and citizens pay the amount of taxes in the EU is so that (almost) free medical and other care, education, infrastructure etc can be maintained.
And that costs money, just like Apple’s API, OS and hardware development and maintenance, and if Apple cares so much about the health of people then they should pay their fair share in the same way they demand 15% or 30% from developers who distribute through their ecosystem, and they should apply the rules evenly (including banks).
And just like Apple, if somebody spots a loophole in the rules, then they would be damn stupid not to shoot with the same ammunition that Apple uses against the EU.