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Lawyers for Epic Games and Apple today participated in a management conference with Judge Yvonne Gonzalez to hammer out the details of an upcoming bench trial, which is now confirmed to take place on May 3.

fortnite-apple-logo-2.5.jpg

Judge Gonzalez is planning to hold an in-person trial that will require all witnesses to travel to Northern California to answer questions before the court and the judge. She believes that the case is significant enough that the court should hear it in person, with witnesses in the case less likely to lie when sworn in in a physical courtroom.

Health considerations will be taken into account for witnesses that aren't able to travel to California, but the court will look into people who say they can't visit the court in person.

The judge said that the people involved and the companies involved have the available resources to quarantine for two weeks after the trial. The court plans to put measures in place to keep participants safe, including a limited number of people in the courtroom. Witnesses will be positioned far from the attorneys in the case, with distance between parties, and enough space will be given that witnesses can speak clearly without masks.

Based on the COVID numbers in May, the in-person trial could be set aside, but the case will go forward in May no matter what, even if it is held entirely over Zoom. The judge is pushing for a two to three week trial, while Epic Games wants it to last four to five weeks, with the exact length to be determined later when all of the case details are ironed out.

The Epic vs. Apple trial will delve into Epic's accusation that Apple is a "behemoth seeking to control markets, block competition, and stifle innovation" by imposing "anti-competitive restraints" against App Store developers and employing "monopolistic practices in markets."

Epic Games will argue that the 30 percent cut that Apple takes from apps is "oppressive" as is the rule that requires developers to use in-app purchases. Apple lowered the 30 percent fee to 15 percent for developers earning under $1 million, but that does not apply to Epic Games.

Apple will attempt to prove that its App Store prices are fair and in line with other competitors in the market, and that its App Store policies offer important protections for consumers.

Article Link: Judge in Apple v. Epic Games Case Wants In-Person Trial Starting on May 3
 
Last edited:

cmaier

Suspended
Jul 25, 2007
24,384
30,983
California
Oo! Hearing is still going on. Watching now.

 

scuac

macrumors regular
Mar 2, 2008
164
221
Not sure why Apple wanted to delay this, but I say the sooner this dramedy is over with and they can move on the better.
 
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johnnytravels

macrumors regular
Oct 24, 2019
135
422
All I want from this is a switch in iOS that allows me to install apps from sources other than the app store at my own risk. This shouldn't be too much of a problem. The ‘geniuses’ in the Apple Stores are already well-versed in blaming OS malfunctions and battery drain on third party apps. Surely they can extend their diagnoses to apps that come from outside sources...
 

johnnytravels

macrumors regular
Oct 24, 2019
135
422
I could be wrong but I thought I had read somewhere that Microsoft/Sony/Nintendo also ask for 30 percent for similar transactions. If so why is this even an issue.
Cool, and I read somewhere that this is an entirely different situation because gaming consoles are a different business model and the hardware is heavily subsidized by the companies with the prospect of future games sales...
 
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mnsportsgeek

macrumors 68040
Feb 24, 2009
3,170
3,853
All I want from this is a switch in iOS that allows me to install apps from sources other than the app store at my own risk. This shouldn't be too much of a problem. The ‘geniuses’ in the Apple Stores are already well-versed in blaming OS malfunctions and battery drain on third party apps. Surely they can extend their diagnoses to apps that come from outside sources...

Genius: Have you tried restoring as new?

Me: Of course not. What’s the point of a having backup if I can’t use it to fix issues? Are people just restoring from backup for fun on the weekends?
 

Maconplasma

Cancelled
Sep 15, 2020
2,489
2,206
Not sure why Apple wanted to delay this, but I say the sooner this dramedy is over with and they can move on the better.
This case just made public news. If you think this is the only legal situation that Apple has to deal with then you've got a lot to learn about major corporations because they deal with legal issues on a daily basis of several types. That's why big companies have legal departments.
 
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Art Mark

macrumors 6502
Jan 6, 2010
396
721
Oregon
App Store has been, yes, but the iPhone really should have a way for people to install software of their own choosing, not just what Apple approves.
While I understand what you are saying, is this something that should be State mandated? Can't a person choose another phone? If I don't like how Sony makes a TV or Playstation doesn't let me play x-Box games I can leave that device. Why is this different and what validity can the state claim in altering a businesses method of maintain their platform? Which isn't even the largest platform? Why is the Apple trial first and not the Google trial is something I need to look into because Epic is suing both, yes?
 

jz0309

Contributor
Sep 25, 2018
4,019
11,387
Temecula, CA
She may be trying to motivate everyone to settle the case :)
good point, an interesting way to "motivate" ...
Settling this might actually be the way to go because I suspect otherwise this will be going on for years and eventually end up with the Supreme Court ...
 
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