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Brian Fung | @[email protected] @b_fung
Epic is unapologetic about its tactics, saying they were necessary in order to “take on the biggest company in the world." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic’s defense is that “when you are taking on the biggest company in the world, … where you know it’s going to retaliate, you don’t lie down in the street and die. You plan very carefully on how you’re going to respond, and you try very hard to keep your head above water." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Kind of a backhanded compliment by the judge about Epic’s media strategy: “Your marketiing campaign has been applauded, given your conduct." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge says flat-out that she has never been persuaded by Epic’s claim that its hotfix reflects it refusal to comply with an anticompetitive, illegal contract. And she isn’t persuaded by it now. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Judge YGR to Epic: "There’s that old saying, ‘A rose by any other name is still a rose.’ You did it yourself. It’s self-help." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
This seems like a really big sticking point for the judge. She says: “You did something, you lied about it by omission, by not being forthcoming. That’s the security issue. That’s the security issue!" — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Judge YGR: “There are a lot of people in the public who consider you guys heroes for what you guys did, but it’s still not honest.” This dovetails with what she said in the last hearing about how Epic doesn’t come to this with “clean hands." — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge is getting pretty heated now. She says Epic “lied” and accuses it of dishonesty for implementing the hotfix despite being told in the contract with Apple not to. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
Epic’s lawyer Katherine Forrest argues Apple had been a monopolist from the very beginning but that it didn’t become unlawful until 2018 when it entered into a contract with Epic. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
But then challenges Epic to describe when Apple transformed from being an “innovator” to a monopolist. — PolitiTweet.org
Brian Fung | @[email protected] @b_fung
The judge tosses Epic a small bone, saying that under other circumstances, Apple would be within its contractual rights to do what it did. But: “This is no small case. All the developers know that… this is not an ordinary case." — PolitiTweet.org
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
