Epic v. Apple, Day 6
The trial’s sixth day began with testimony from Matthew Weissinger, Epic’s VP of marketing. And Apple used its cross-examination to offer the court an exhaustive tutorial on Fortnite, beginning with its title screen and one of its skins.
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Peely’s nightmarish existence is barely related to Apple’s case. And the “naked banana” comment would probably have passed for a throwaway joke, but for one very important fact: Apple slammed Epic last week by claiming that it hosted porn.
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Apple’s tutorial was clearly aimed at showing that Fortnite is mostly a game and not an “experience” or “metaverse” — encouraging the judge to weigh the App Store’s game-related policies against similar rules on consoles, rather than scrutinizing the whole iOS ecosystem.
This is an email between Apple and Epic. Apple sender’s requesting assets promoting Chapter 2 launch, says “I know we’ve had issues in the past with a significant art leak,” but he promises it won’t happen again. Spoiler: Apple apparently did leak the Chapter 2 assets.
Evans is back, and lawyer is asking how he defines the market and alternatives here. Evans notes the costs of switching ecosystems to Android are high, PCs/consoles aren’t a substitute, and Apple’s policies prevent the existence of iOS App Store alternatives.
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To bring it back to consumer harm, Evans is arguing that Apple’s lack of competition causes higher prices and a slower pace of innovation. […] Evans says Apple hardware is very innovative but that its work on the App Store hasn’t kept pace, basically.
Previously:
