Epic Games Appeals Ruling in Apple Lawsuit, Claims Court Made Errors

Epic Games today kicked off its appeal of the judge's decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit.

fortnite apple logo 2
Both Apple and ‌Epic Games‌ have decided to appeal the original ruling as neither company was satisfied with the outcome. ‌Epic Games‌ wanted the court to force Apple to support third-party App Stores, which did not happen.

‌Epic Games‌ CEO Tim Sweeney said that the ruling wasn't a "win for developers or for consumers," and ‌Epic Games‌ confirmed that it planned to appeal shortly after the verdict was delivered. In the appeal, ‌Epic Games‌ asked whether Judge Yvonne Gonzalez-Rogers had made mistakes with some of her findings, including that Apple is not a monopolist.

In the filing, ‌Epic Games‌ again argues that Apple's App Store restrictions and fees are harming developers and consumers, calling the ‌App Store‌ unnecessary.

Absent these restrictions, iPhone users and app developers could use alternative app stores, and users could get apps directly from developers. Developers could procure payment mechanisms with additional features and lower costs for their apps. Epic wants to but cannot compete with Apple to fulfill that demand by providing an iPhone app store and in-app payment solution. Epic would charge developers much less than Apple's 30% commission, increasing innovation and reducing costs.

Apple prevents Epic and other potential competitors from offering those choices. That is why Epic brought this antitrust suit. The district court's factual findings make clear that Apple's conduct is precisely what the antitrust laws prohibit.

‌Epic Games‌ argues that the court made an error when it found no Sherman Act violation against Apple, which would have painted Apple as a monopolist and would have likely resulted in a very different ruling.

The goal with the appeal is to get the judgment against Apple reversed, and much of the rest of the document goes over the original arguments from the initial lawsuit.

The district court's judgment on Epic's Sherman Act claims should be reversed and judgment of liability entered in Epic's favor with a remand to determine the appropriate injunctive remedy. The district court's judgment on Apple's breach of contract and declaratory judgment counterclaims should be reversed and judgment entered in Epic's favor

Epic's full opening brief can be read on Scribd for those who are interested in the company's anti-Apple arguments.

Top Rated Comments

GizmoDVD Avatar
28 months ago
Epic continues to be embarrassing.
Score: 19 Votes (Like | Disagree)
Unregistered 4U Avatar
28 months ago

Epic wants to but cannot compete with Apple to fulfill that demand by providing an iPhone app store and in-app payment solution. Epic would charge developers much less than Apple's 30% commission, increasing innovation and reducing costs.
Epic CAN compete, and Apple, Google, Microsoft, Sony, AND Nintendo have provided fairly clear steps on how to do so. First, create a hardware reference platform. If you want, you can license it to others, but that’s not required. Second, create an OS for that reference platform. Again, you CAN license it, but it’s not required. Third, create an App Store. You’re free to allow other App Stores on your OS if you like, but again, not required.

THEN, get millions upon millions of folks to buy that hardware and you’re done! It won’t be easy, it took Apple many many years to get where they are today. However, every year they wait is a year they could be making progress.
Score: 16 Votes (Like | Disagree)
djcerla Avatar
28 months ago
They need to hire Rudy Giuliani this time.
Score: 10 Votes (Like | Disagree)
I7guy Avatar
28 months ago
Grabs the popcorn as they say. Edit: didn’t expect anything less from epic to have the judgement reversed.
Score: 9 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
28 months ago
How do you call out a ruling court?

EPIC Games is just lost and does not know what to do anymore. This will be an on-going battle.
Score: 9 Votes (Like | Disagree)
jz0309 Avatar
28 months ago
And so it continues… for years to come
Score: 6 Votes (Like | Disagree)

Popular Stories

Apple car wheel icon feature yellow

Apple Cancels Electric Car Project

Tuesday February 27, 2024 11:05 am PST by
Apple has canceled all plans to release an autonomous, electric vehicle, reports Bloomberg. Apple has been working on an Apple Car for more than a decade and invested millions of dollars into development before deciding it was not a viable project. Apple's Chief Operating Officer Jeff Williams today told approximately 2,000 employees working on the Apple Car that the project was canceled,...
iOS 18 Mock iPhone 16 Feature Gray

iOS 18 Rumored to Be Compatible With These iPhone Models

Tuesday February 27, 2024 6:31 am PST by
iOS 18 will be compatible with the iPhone XR, and thereby also the iPhone XS and iPhone XS Max models with the same A12 Bionic chip, according to a post on X today from a private account with a proven track record of sharing build numbers for upcoming iOS updates. The post was spotted by MacRumors contributor Aaron Perris, and it has since been deleted. However, this was likely because the...
iOS 17

iOS 17.4 Coming Soon With These New Features for Your iPhone

Monday February 26, 2024 6:08 am PST by
In a press release last month, Apple confirmed that iOS 17.4 will be released in March, and the update includes several new features and changes for the iPhone. Key new features in iOS 17.4 include major App Store changes in the EU, Apple Podcasts transcripts, and an iMessage security upgrade. The update also adds new emoji and includes preparations for the launch of next-generation CarPlay...
iPad Air 5

iPadOS 18 Rumored to Drop Support for These iPad Models

Tuesday February 27, 2024 6:55 am PST by
iPadOS 18 will drop support for iPad models equipped with the A10X Fusion chip, according to a post on X today from a private account with a proven track record of sharing build numbers for upcoming iOS and iPadOS updates. This means that iPadOS 18 would not be compatible with the first-generation 10.5-inch iPad Pro or the second-generation 12.9-inch iPad Pro models released in 2017. It...
applearcade

Game Developers Describe 'Smell of Death' Around Apple Arcade

Monday February 26, 2024 7:24 am PST by
Some game developers are dissatisfied with Apple Arcade amid concerns about the subscription service's future, a new report claims. Sources speaking to mobilegamer.biz described a "smell of death" around Apple's games subscription service and noted the difference between the company's investment in TV and music, and its interest in games. "At the very top of the company there needs to be a ...
Beyond iPhone 13 Better Blue Face ID Single Camera Hole

Six Reasons to Wait for Next Year's iPhone 17

Thursday February 22, 2024 4:20 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models concurrently, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different, and already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
Google maps feaure

Google Maps Finally Rolls Out Glanceable Directions

Wednesday February 28, 2024 2:07 am PST by
After more than a year since announcing the feature, Google Maps is finally rolling out glanceable directions on Android and iOS (via Android Police). The feature allows users to view turn-by-turn directions and a live ETA directly from their device's lock screen – information that was previously only visible when a phone was unlocked. Glanceable directions also work on the app's route...