Wednesday, May 12, 2021

Epic v. Apple, Day 6

Adi Robertson (tweet):

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.


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.


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.

Adi Robertson:

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.

Adi Robertson:

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.


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.


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