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Brian Fung | @[email protected] @b_fung
Apple says a finding for Epic would be "a greenlight to other companies, and that would be very dangerous." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple lawyer Ted Boutrous argues Epic CEO Tim Sweeney is "trying to be the Pied Piper of other developers” and show that they too could “cheat, breach its agreements, and sneak in software to bypass app review” — that this a direct assault on Apple’s core business. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
@alexstamos https://t.co/EFNc9cR93t https://t.co/ptfT5E173P — PolitiTweet.org
Brian Fung @b_fung
This is a brutal hearing for Epic. The judge is very skeptical.
Brian Fung | @[email protected] @b_fung
Epic is currently going over what it says is the irreparable harm it’s being caused by Apple’s conduct. Key businesses affected, Epic says, include Fortnite concerts and Unreal Engine. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Correction — this was about in-app purchases, not Apple Pay. https://t.co/1Z3JYu3hQX — PolitiTweet.org
Brian Fung @b_fung
The judge is not persuaded that Apple’s use of Apple Pay is a form of tying. She doesn’t think it’s a separate “pro… https://t.co/9QLopJbLr0
Brian Fung | @[email protected] @b_fung
@thattridentdude @pgeezy68 Whoops yes, you’re right — my mistake. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple’s lawyer: “At the end of the day… this is simply an element of the App Store, which is an element of the iPhone. It is a fully integrated product.” (Seems bold to claim the App Store is merely an “element” of the iPhone when Apple’s services shift has been well reported!) — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple’s lawyer goes in for the kill, agreeing that in-app purchases have “never been offered as a product… it’s utterly distinct from the tying of a second product to a first." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge is not persuaded that Apple’s use of Apple Pay is a form of tying. She doesn’t think it’s a separate “product” that allegations of tying would imply. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
We’ve moved on to allegations of anticompetitive tying and a debate about the role of Apple Pay and in-app purchases in Apple’s alleged dominance. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
This is a brutal hearing for Epic. The judge is very skeptical. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
This is seemingly a very different take than what the judge outlined at the last hearing, when she indicated that she is very familiar with the research literature on consumer switching costs and effective barriers to competition. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Judge YGR: “Walled gardens have existed for decades.” Cites Nintendo, Sony, Microsoft. “It’s hard to ignore the economcis of the industry, which is what you’re asking me to do." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge isn’t persuaded that people who’ve lost access to Fortnite on iOS can’t simply switch to another device. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic’s lawyer comes back to the 63 percent figure, saying it represents 71 million people who only access Fortnite through iOS, saying there’s now no way for those people (absent switching phones or gaming devices) for them to play. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The more relevant stat, Apple argues, is that less than 10 percent of Fortnite’s daily average playerbase accessed the game on iOS, implying that consumers have lots of choice when it comes to getting to Fortnite (and thus Apple’s action against Epic isn’t anti-competitive). — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple’s lawyer adds that Epic’s stat about 63 percent is misleading. “That just tells us if we look at everyone who has ever opened Fortnite on iOS, that they didn’t use others… perhaps they looked and lost interest, we don’t know.” — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Apple’s lawyer: “What Epic wants to do here is open its own store within the App Store. That’s really what this litigation is about, that’s really its objective. … That is a fundamental disagreement with the way Apple has chosen to do business." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic’s lawyer responds that 63 percent of people who play Fortnite on iOS play it “only on iOS” and that Epic has lost access to those consumers. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Back on the stream. Judge Gonzalez Rogers seems very skeptical of Epic’s case that this right now is about iOS app distribution. “You want access to Apple’s customer base. That doesn’t necessarily mean you’re locked in,” she says. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Before the stream cut out, I saw a glimpse of the Twitch chat. It was filled with messages critical of Apple. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Aaaand it looks like the Twitch stream of the Zoom stream has been taken down after a warning from the court that video recordings of the proceedings are prohibited. Welp… guess that’s that (unless people feel like playing a game of cat and mouse) — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic’s lawyer argues that many Fortnite players “don’t have multiple devices” to play Fortnite on. Apple’s lawyer argues there are “many channels” for Epic to distribute Fortnite on besides iOS. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The debate right now is over how to define the market that Apple is allegedly monopolizing. Judge Yvonne Gonzalez Rogers is pushing Epic on its claim that the relevant market is iOS app distribution, asking why it isn’t “video games” writ large. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Thanks to the incredible @leah_nylen the press is able to view the remote proceedings now underway in Epic Games v. Apple. Updates to follow. — PolitiTweet.org
Brian Fung @b_fung
Come ON, I was here 45 minutes early and IN THE WAITING ROOM https://t.co/bcZ14zLoAA
Brian Fung | @[email protected] @b_fung
@leah_nylen @joshua_sisco OMG I love that the streamer is now promoting his youtube channel https://t.co/hd3GYuNSbw — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
@leah_nylen @natjarv @TonyRomm SAVIOR — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
@davidshepardson @TonyRomm Ouch. How much did that cost?? — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
@TonyRomm @natjarv @leah_nylen 😥 — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
@natjarv @TonyRomm Let’s start our own Zoom hangout and commiserate +@leah_nylen Well, Tony’s not invited because he’s off being a normal human — PolitiTweet.org
