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.
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.
Related Stories
Epic Games today said that it has asked Apple to reinstate its Fortnite developer account because it intends to release Fortnite in South Korea.
South Korea in late August passed a bill that bans Apple from requiring developers to use its in-app purchase system. The bill forces Apple (and Google) to let developers use third-party payment methods to make purchases.
Epic Games now says that ...
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...
Apple's legal battle with Epic Games is continuing on, and during the second day of the trial, Epic Games' CEO Tim Sweeney continued his testimony against Apple.
Sweeney was grilled by Apple's lawyers, and made several points seemingly favorable to Apple. In addition to mentioning how he prefers Apple's iPhone and values Apple's privacy policies that he's aiming to dismantle, Sweeney...
The year-long dispute between Epic Games and Apple reached a milestone with Yvonne Gonzalez Rogers delivering a middle-of-the road verdict that isn't quite what Epic Games or Apple wanted.
Apple will not be required to support third-party app stores as Epic Games pushed for, but Apple will have to let developers offer "buttons, external links, or other calls to action" to direct customers to ...
Apple is stifling competition with its monopoly on app distribution through the App Store, attorneys general for 35 states told a California appeals court on Thursday.
The joint statement was submitted into the appeals process that is ongoing following the judge's decision in the Epic v. Apple lawsuit, with the attorneys general siding with the "Fortnite" video game maker on the issue,...
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.
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.
...
A decision was reached today in the high-profile Epic Games v. Apple trial, with U.S. District Judge Yvonne Gonzalez Rogers ruling that Apple's anti-steering conduct is anti-competitive, and ruling in favor of Apple on all other counts.
In a 185-page ruling, Judge Rogers said "the Court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws," but...
Wednesday September 22, 2021 9:49 am PDT by
Juli CloverApple has no plans to allow Fortnite to return to the App Store in the near future, Apple's lawyers told Epic's lawyers this week. Further, Apple does not plan to consider requests for the reinstatement of the Epic Games developer account until the court's judgment is "final and nonappealable," a process that could span years.
Apple provided this information to Epic Games after Epic CEO Tim...
Popular Stories
The European Parliament today voted overwhelmingly in favor of enforcing USB-C as a common charging port across a wide range of consumer electronic devices, including the iPhone and AirPods, by the end of 2024.
The proposal, known as a directive, forces all consumer electronics manufacturers who sell their products in Europe to ensure that a wide range of devices feature a USB-C port. This...
iOS 16 was released to the public three weeks ago with a customizable Lock Screen, the ability to edit iMessages, improvements to Focus modes, and much more. And in the coming months, iPhone and iPad users have even more new features to look forward to.
We've rounded up 10 new features coming to the iPhone and iPad later this year, according to Apple. Many of the features are part of iOS...
Apple is developing new iPad Pro, Mac, and Apple TV models, and at least some of these products will be released in October, according to Bloomberg's Mark Gurman. However, Gurman continues to believe that Apple is unlikely to hold an event this month.
In the latest edition of his Power On newsletter, Gurman said "the big iPhone 14 unveiling last month was probably it for Apple in 2022 in...
iOS 16.0.2 was released last month with several bug fixes for iPhone 14 issues, excessive copy and paste permission prompts, and more. Now, evidence suggests that Apple is planning to release iOS 16.0.3 with additional bug fixes.
Evidence of an upcoming iOS 16.0.3 software update has shown up in MacRumors analytics logs, which have been a reliable indicator in the past.
There are several...
As of October 1, Apple SIM is no longer available for activating new cellular data plans on supported iPad models, according to an Apple support document.
Introduced in 2014, the Apple SIM was designed to allow iPad users to activate cellular data plans from multiple carriers around the world. Initially, the Apple SIM was a physical nano-SIM card, but it was embedded inside later iPad Pro...
Apple on September 23 officially launched the second-generation version of the AirPods Pro, introducing updated Active Noise Cancellation, Adaptive Transparency, improved sound, and more. Right around the same time, Bose introduced new QuietComfort II earbuds with many similar features, so we thought we'd compare the two to see which has the edge.
Subscribe to the MacRumors YouTube channel for ...
YouTube may make watching videos in 4K quality on the platform exclusive to only YouTube Premium subscribers, according to screenshots posted by users on Twitter and Reddit.
On Reddit (1,2) and Twitter, some users have started to recently notice that on iOS, and presumably across other platforms also, YouTube is now saying that in order to watch videos in 4K, the user must be a paying...
In a new interview, Apple's senior vice president of software engineering, Craig Federighi, and Apple's vice president of human interface design, Alan Dye, sat down to discuss the thinking behind the iPhone 14 Pro's Dynamic Island and how it was developed.
During the interview with the Japanese magazine Axis, Federighi, who oversees the development of iOS, said Dynamic Island represents the...
Top Rated Comments
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.
EPIC Games is just lost and does not know what to do anymore. This will be an on-going battle.