Epic Games' App Store Legal Challenge 'Self-Serving,' Apple Tells Australian Court

Apple has told an Australian court that Epic Games' legal challenge against the App Store is "self-serving," and that all the software company aims to do is "redefine the terms of access" that it's always been subject to on Apple's platforms.

fortnite apple logo 2
As reported by The Guardian, Apple and ‌Epic Games‌ on Tuesday went head-to-head in a federal court in Sydney, Australia, following Epic's decision to expand its legal battle into the country. Epic's case in Australia follows much of the same argument in the United States, claiming that Apple is a monopoly and that the ‌App Store‌ and in-app purchasing system are unfair.

During the tense court hearing, Apple's lawyer, Stephen Free SC, told the court that the legal battle is between "two Goliaths," referencing that Epic is valued at more than $17 billion. Free went on to say that Epic has obtained a significant amount of information on Apple's ‌App Store‌ and highlighted that some of ‌Epic Games‌' success can be attributed to Apple's hardware and software.

You have a sophisticated commercial entity that sought and obtained access to Apple's intellectual property and all of the benefits of access to Apple's software and hardware, exploited that opportunity to great effect for many years, and the essence of the dispute … is that Epic wants to redefine the terms of access in quite fundamental and self-serving ways.

‌Epic Games‌ is looking to give iPhone and iPad users more freedom as to where they choose to download their apps by offering an alternative app store. Currently, downloads are limited only to Apple's ‌App Store‌, in which case apps are subject to Apple's guidelines. Free says that any other method for downloading apps would fundamentally rewrite Apple's business model.

Free says that the current business model is built around "prioritizing quality, security, and privacy of these operating systems." Free says that Apple can only live up to those priorities by ensuring that all developers play by the same set of rules for building and operating apps.

Epic's barrister, Neil Young QC, fought back, saying that Apple's actions go against Australian competition law and that the country's parliament intended for the rules to "be enforced in Australia and not be overridden by private agreements between companies like Apple and Epic," according to The Guardian's report.

"The issue is the impact on Australian markets and whether the requirements of our law are satisfied," Young said. "It is a pretty straightforward case, and we would think the evidence is clear this conduct is going to substantially impact these markets in the way we allege.

Justice Nye Perram has reserved his decision on whether the case can go ahead in Australia, but has said he will deliver it "pretty promptly."

In related news this week, thousands of miles away, Apple submitted a list of witnesses who will testify as part of the Apple vs. ‌Epic Games‌ case in California. Amongst the list includes CEO Tim Cook, Apple Fellow Phill Schiller, and senior VP of software Craig Federighi. The trial is set to begin on Monday, May 3.

Top Rated Comments

obamtl Avatar
11 months ago
Anyone else tired of hearing about Epic?
Score: 20 Votes (Like | Disagree)
ruka.snow Avatar
11 months ago

BS, I'd profit massively especially as a small developer if they achieve a global change.
If Epic achieve their goals then small developers lose out. We end up with the same 15/30% with Google Play and Apple AppStore but now a 3rd party store that is markably more expensive pushing in and splitting the customer base. Potentially the end of free apps on the Appstore, and if Apple have to cut their shop offering down to the same level as Epic's then we have to pay our own taxes, our own licensing servers, our own customer service, and countless other things that Google, Microsoft, Apple, and Valve give you that Epic don't.

Even if you now go it alone, it costs way more than the 15% cut or even the 30% cut to host your app on a CDN and then running your own upgrade and licensing server or using FastSpring to handle that for you. The 30% cut stores have always been the cheapest way to sell.
Score: 17 Votes (Like | Disagree)
svanstrom Avatar
11 months ago

Apple should offer to put Epic's games on for 0% commission and then invite a third party developer to intervene complaining that Epic's preferential treatment is anti-competitive :)
More like for the lolz have a group of developers sue Epic for not allowing them to for free set up stores in all of Epics games; and without giving money to Epic sell loot that works in those games, all while forcing Epic to support the functionality of it all.
Score: 12 Votes (Like | Disagree)
qoop Avatar
11 months ago

Anyone else tired of hearing about Epic?
Yes, and anything to do with Ted Lasooooo.
Score: 11 Votes (Like | Disagree)
svanstrom Avatar
11 months ago

BS, I'd profit massively especially as a small developer if they achieve a global change.
Do tell how, so that the forum can help expand on those points…
Score: 10 Votes (Like | Disagree)
steve09090 Avatar
11 months ago

I’m definitely sick of hearing about these court cars on the website, it’s not a Macrumour
The potential consequences make it relevant to all of Mac Imo
Score: 7 Votes (Like | Disagree)

Related Stories

fortnite apple logo 2

Apple's Filings in Epic Games Case Argue It Has Reduced Industry Commissions, While Third-Party App Stores Would Compromise Privacy and Security

Tuesday April 13, 2021 2:02 pm PDT by
Prior to its upcoming bench trial with Epic Games, Apple filed hundreds of pages of documents covering findings of fact, which include some interesting and previously unknown tidbits about Epic Games. Epic Games planned its rebellion against Apple for at least two years ahead of when it opted to brazenly violate Apple's App Store rules, with Apple's App Store fees at the heart of the...
fortnite apple logo 2

Epic Games Unlikely to Win Injunction in Ongoing Fortnite Battle With Apple, Jury Trial Possible

Monday September 28, 2020 1:14 pm PDT by
The ongoing legal dispute between Apple and Epic Games continued on today, with a preliminary injunction hearing taking place this morning. We're still waiting to hear the judge's official ruling, but it looks like Epic is not going to be granted an injunction to allow Fortnite back into the App Store as the case unfolds. Many of the arguments that lawyers for Apple and Epic Games made were...
fortnite apple featured

Epic Games Denied Preliminary Injunction for Fortnite, But Apple Can't Block Unreal Engine

Friday October 9, 2020 3:40 pm PDT by
A California judge today denied Epic Games' request for a preliminary injunction that would have required Apple to allow Fortnite back into the App Store, which means the app will continue to remain unavailable on Apple's iOS platform for the duration of the legal battle between the two companies. While the Fortnite app for iOS devices will not be reinstated into the App Store, Epic did...
fortnite apple featured

Judge in Upcoming Epic v. Apple Trial to Limit In-Person Attendees

Friday March 26, 2021 1:21 pm PDT by
Apple and Epic Games lawyers are continuing to plan for their upcoming May 3 bench trial, and in a preparatory conference held today, the judge overseeing the case said that attendance will be limited due to the ongoing global health crisis (via Law360). U.S. District Judge Yvonne Gonzalez Rogers has been planning for an in-person trial because she believes that the case is significant...
fortnite apple featured

Epic Games vs. Apple Trial Begins With Opening Remarks Underway

Monday May 3, 2021 9:05 am PDT by
The first day of the bench trial between Fortnite creator Epic Games and Apple is officially underway, with the companies delivering opening remarks before District Judge Yvonne Gonzalez Rogers in a Northern California courtroom. The saga dates back to August 2020, when Apple removed Fortnite from the App Store after Epic Games introduced a direct payment option in the app for its in-game...
fortnite samsung

Apple Says Epic Games 'Wants Us to Be Android, But We Don't Want to Be'

Monday May 3, 2021 5:43 pm PDT by
The highly-anticipated Epic Games vs. Apple trial kicked off today in a federal court in Oakland, California, with lawyers for both companies delivering opening remarks before District Judge Yvonne Gonzalez Rogers. Lawyers for Epic Games attempted to paint the App Store as anti-competitive and monopolistic, noting that developers are forced to use Apple's in-app purchase system, and thus pay ...
fortnite apple featured

Tim Cook Ordered to Attend 7-Hour Deposition in Apple vs. Epic Games Lawsuit

Tuesday February 2, 2021 3:33 am PST by
A judge presiding over preparatory hearings in the Apple vs. Epic Games court case has ruled that Apple CEO Tim Cook must attend a seven-hour long deposition to testify about how the company views App Store competition, reports Gizmodo. U.S. magistrate Judge Thomas S. Hixon reportedly settled on the seven-hour deposition after Epic Games proposed eight hours to depose Cook and Apple...
fortnite apple logo 2

Judge in Epic vs. Apple Case Floats Potential Compromise

Wednesday May 12, 2021 3:54 pm PDT by
In the ongoing legal battle between Apple and Epic Games, the two companies are this week calling up their expert witnesses to argue their points before Judge Yvonne Gonzalez Rogers, who will make a decision in the case after a three week trial. Expert testimony is not as exciting as some of the leaked App Store documents that were highlighted last week, especially as much of what's being...

Popular Stories

airpodsinear 1

AirPods Save Woman's Life With Feature Everyone Should Know

Friday January 21, 2022 2:13 am PST by
Apple's AirPods have been credited with saving a woman's life after a potentially fatal fall, People reports. When a 60-year-old florist in New Jersey tripped and hit her head in her studio, she lost consciousness and awoke heavily bleeding. With nobody around to call for help, she realized she had her AirPods in, and used a "Hey Siri" command to call 911. An operator was able to stay on the ...
maxresdefault

Review: M1 Max MacBook Pro After Three Months

Wednesday January 19, 2022 11:30 am PST by
It's now been a few months since the M1 Pro and M1 Max MacBook Pro models launched in October, and MacRumors video editor Dan Barbera has been using one of the new machines since they debuted. Over on the MacRumors YouTube channel, Dan has shared a three month review of his MacBook Pro to see how it has held up over time and how it's changed his workflow. Subscribe to the MacRumors YouTube ...
iphone se 2020 top

New iPhone SE Likely to Launch in April Based on Production Timeframe

Wednesday January 19, 2022 6:44 am PST by
Apple suppliers will begin producing display panels for the third-generation iPhone SE this month, with final assembly of the device likely to start in March, according to information shared by display industry consultant Ross Young. Based on this production timeframe, Young believes the third-generation iPhone SE is likely to launch in the second half of April, or perhaps in early May at...
iphone 13 earpods

Apple to Stop Including EarPods With Every iPhone Sold in France From Next Week

Friday January 21, 2022 3:21 am PST by
Apple will no longer include EarPods with every iPhone sold in France, starting on January 24, according to a notice posted by a French carrier (via iGeneration). Apple was previously required to include EarPods in the box with the iPhone due to a French law that required every smartphone sold in the country to come with a "handsfree kit," but the law has now been changed in favor of reducing the ...
Spring 2022 Apple Products Feature

New iPad Air, Macs, and iPhone SE With 5G Likely to Be Announced at Apple Event This Spring

Thursday January 20, 2022 8:32 am PST by
Earlier this week, Bloomberg's Mark Gurman tweeted that Apple "will be holding a spring event" to announce a new iPhone SE and other hardware. In a recent edition of his newsletter, Gurman said the event is likely to occur in March or April. Gurman did not elaborate on what "other hardware" will be announced at Apple's purported spring event, but rumors suggest at least four products are...
peloton tv workout cardio

Apple Floated as Potential Buyer of Peloton

Friday January 21, 2022 6:11 am PST by
Following months of bleak news about Peloton's "precarious state," including the revelation that it has halted production of its bikes and treadmills, Apple is being floated as a potential buyer of Peloton's troubled fitness business. Yesterday, CNBC reported that Peloton will temporarily stop production of its connected fitness products due to a "significant reduction" in consumer demand, a ...
apple watch series 7 aluminum colors yellowbg

Apple Watch Charging Bug Fixed in watchOS 8.4 Release Candidate

Thursday January 20, 2022 4:01 pm PST by
The watchOS 8.4 release candidate that was seeded to developers and beta testers this morning addresses an ongoing bug that could cause some Apple Watch chargers not to work properly with the Apple Watch. Back in December, we reported on a growing number of charging issues that Apple Watch Series 7 owners were facing. Since watchOS 8.3, there have been a number of complaints about...
appleprivacyad cleaned

iOS 15 Patched Security Hole That Potentially Exposed Users' Private Apple ID Information to Third-Party Apps

Thursday January 20, 2022 3:32 am PST by
Apple patched two significant security vulnerabilities when it released iOS 15 that could have potentially exposed users' private Apple ID information and in-app search history to malicious third-party apps and allowed apps to override user Privacy preferences, Apple has revealed in a recent support document update. With most iOS, macOS, tvOS, and watchOS updates, Apple provides a list of...
safari icon blue banner

macOS Monterey 12.2 and iOS 15.3 Release Candidates Fix Safari Bug That Leaks Browsing Activity

Thursday January 20, 2022 1:30 pm PST by
The macOS Monterey 12.2 and iOS 15.3 release candidates that came out today appear to address a Safari bug that could cause your recent browsing history and details about your identity to be leaked to malicious entities. As shared last week by browser fingerprinting service FingerprintJS, there is an issue with the WebKit implementation of the IndexedDB JavaScript API. Any website that uses...