Hoeg points to the court's "continued irritation" with how documents and other case information has been leaked, seemingly accidentally, in the early days of the trial. That's not to say Judge Rogers appears to be favouring Epic in how this case is being handled.
It also shows that Judge Rogers is sharp and not moved by bad arguments or impressed by sloppy 'gotcha' questions." Epic has been on the offensive as plaintiff so far, but this week the tide shifts as Apple delivers its defence "But they sure missed making any points with this lame argument and lost credibility in the process. "I don't know what Apple's lawyer was thinking," says Buscaglia. And while Epic Games Store distributes that app store on PC, Allison said: "I don't know that we would want to do that. Rogers interrupted with a few direct questions of her own, leading Allison to clarify and explain that Epic Games Store does not distribute games from Itchi.io - only the Itch.io app store. The exchange he refers to centred around a cross-examination of Epic Games Store's vice president and general manager Steve Allison, in which Apple's lawyer attempted to get Epic to admit it allowed sexualised and offensive content on its store through its recent partnership with Itchi.io. Buscaglia points to Judge Yvonne Gonzales Rogers doing just that in an example of "Apple slinging mud and getting it all over themselves in the process."
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Hoeg says these have been "some successful avenues of attack," but adds: "Much like a sporting event where one side gets to be on offense while the other plays defense, Epic needs to build a strong foundation in this portion of the trial, and certainly Apple has been doing an effective job of poking holes."īuscaglia also notes Epic "has an uphill battle," but adds: "At times, it seems like Apple's counsel have been helping Epic up that hill."Įpic vs Apple is a bench trial in which the judge also acts as the fact finder, meaning they can interrupt examinations and ask witnesses some questions of their own. "At times, it seems like Apple's counsel have been helping Epic up that hill" Thomas Buscaglia, The Game Attorney Of course, their case in chief, where they get to call their witness and present their case will not commence until later this week."Īmong other things, Epic has also highlighted Apple's treatment of different apps and games (such as how it treats Fortnite compared to Roblox), as well as questioning Apple's App Review process and how effective its security protocols are - protocols that Epic itself circumnavigated with the direct payment hotfix that started all this. Thomas Buscaglia, who runs law firm The Game Attorney, says: " efforts to lay the groundwork for this argument through Epic's witnesses have not gone well so far in week one of the trial. Key to Epic's argument is that 30% commission fee it attempted to avoid with Fortnite - something Apple insists is necessary to support their operations like security and app review and approval processes. "This is one of the fundamental difficulties with evaluating antitrust actions, as very, very competitive behaviour - which wins market share though business acumen - can look very similar to anti-competitive behavior." "Where Epic describes the iOS and App Store as 'the plan' to lure in developers and users alike with conveniences and other benefits before locking them into their 'walled garden', Apple, of course, frames the exact same behaviour as offering benefits and opportunity to consumer and developer alike," he says. Richard Hoeg, managing partner of Michigan-based The Hoeg Firm, says that both Apple and Epic "strongly represented" their views of what the former has done with iOS as an ecosystem. Apple has been allowed some cross-examination of witnesses, but it won't be until later this week that it steps up its defence. The opening week has concentrated on Epic as the plaintiff putting forward its case. spoke to legal experts who specialise in this field to get more insight into what we have learned so far, how well each party is putting forward their argument, and what we might expect as the focus shifts from Epic to Apple. We're more than a third of a way into the long-awaited Epic vs Apple antitrust trial, but there's still no indication as to where the gavel may fall when the case comes to a close.
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