On Monday, September 28, Federal District Judge Yvonne Gonzalez Rogers oversaw the latest arguments in the trial between Apple and Epic Games. The hearing mainly focused on an appeal made by Epic Games for Apple to reinstate the publisher’s titles, namelyFortnite, on the iTunes store.
The battle over revenue from microtransactions began last August, whenFortnitereceived an update that allowed players to purchase V-bucks directly fromEpic Gamesat a discount, a move which both Apple and Google argue is a violation of their Terms of Service. Both tech giants revoked Epic’s access to their platforms, and appeals were filed by Epic. Rogers denied Epic’s request for Apple to reinstateFortniteand other titles in the iTunes store, but followed up with the suggestion that the case should go to trial by jury.
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“They [Epic Games' suits against Apple and Google] are important cases on the frontier of anti-trust law,” said Rogers. “It is important enough to understand what real people think.” The case is expected to be heard in July 2021, and its outcome may havemassive implications for both video game players and developersin the future. Epic Games is arguing that Apple is using monopolistic practices that violate anti-trust laws.
This is not the first time thatEpic Games' appeal to be reinstatedon the iTunes store has been struck down, and it is uncertain whether the presence of a jury would be particularly advantageous to either side. Lawyers on both sides have until January 6th, 2021 to submit data to support their cases. A similar case is being held against Google, and given the judge’s suggestion it may end up going to trial by jury as well.
Some say that it was a late-night email fromEpic Games' CEO Tim Sweeney to Apple CEO Tim Cookthat sparked the feud. The argument Sweeney made was that the 30 percent cut from in-game purchases, which is standard for both iTunes and the Google Play Store, was unfair and monopolistic in nature.Fortnitethen received an update which allowed players to choose between paying via Google/Apple or paying Epic directly for a discount. Shortly after, Epic Games held theFree Fortnite Cupand released a short video that parodied Apple’s famous 1984 ad, putting the tech giant in the role of the villainous “Big Brother.”
Apple accused Epic Games of"weaponizingFortnitefans,“via the campaign. Multiple suits have been filed on both sides, and it is unclear whether the negative ad campaign had an effect on the judge’s ruling. This case is clearly not going to be resolved anytime soon, yet it has huge implications for the future of tech giants like Apple and Google. Meanwhile, players are getting restless and theFortniteplayer base is falling on affected mobile devices.
Epic Games' titles are not expected to return to the iTunes storefor at least a year.
Fortniteis available now on Android devices, Nintendo Switch, PC, PlayStation 4, and Xbox One.
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