World

As Apple-Epic trial draws to close, judge offers tough questions

Yvonne Gonzalez Rogers says she will issue verdict in writing while memories ‘still fresh’

Updated 5 years ago · Published on 25 May 2021 9:30AM

As Apple-Epic trial draws to close, judge offers tough questions
Epic, maker of the popular Fortnite video game, is seeking to force Apple to open up the App Store to third parties seeking to circumvent Apple’s procedures payment systems. – AFP pic, May 25, 2021

SAN FRANCISCO – A judge peppered attorneys for Apple and Epic Games with pointed questions yesterday on the workings of the massive Apple online marketplace, as a high-stakes trial with implications for the mobile commerce world concluded.

United States district court judge Yvonne Gonzalez Rogers heard closing arguments in the case brought by Epic in its bid to break Apple’s tight grip on its App Store, and potentially disrupt the entire mobile ecosystem.

In the closely watched antitrust case in a California Federal Court, Epic lawyer Gary Bornstein argued that Apple is portraying itself as a “benevolent overlord” of the App Store even if it that means competition is stifled.

Apple attorney Richard Doren countered that Epic is seeking to essentially run its own app shop on the iPhone maker’s platform, paying nothing and undermining user security in the process.

The judge posed sceptical questions to both sides, without offering clues on how she will rule in the case.

“One of the issues that has concerned me, is that your client does not seem interested in paying for access to customers on iOS,” Rogers said to Epic attorneys.

Epic, she said “is attacking the fundamental way in which Apple is generating revenue”.

Her questions yesterday followed a surprisingly harsh interrogation of Apple chief executive Tim Cook, who was on the witness stand on Friday.

She suggested to Cook that Apple’s commission on app sales, which can be as high as 30%, appeared disproportionate, adding that “after that first interaction... the developer is keeping those customers, Apple is just profiting from them”.

Epic, maker of the popular Fortnite video game, is seeking to force Apple to open up the App Store to third parties seeking to circumvent Apple’s procedures payment systems.

Apple booted Fortnite from its App Store last year after Epic dodged agreed-upon revenue sharing with the iPhone maker.

Rogers questioned attorneys about how the court is expected, or entitled, to tinker with the running of the App Store.

“Courts do not run businesses”, Rogers said at one point.

Rogers pointed out that Epic is suing Google in a different Federal Court over the market power of the play store, while apparently asking her to order that the App Store be more like its Android equivalent.

The judge told attorneys that she will issue her verdict in writing while memories “are still fresh” but it could take a while.

Some analysts said Epic’s case appeared stronger than initially believed, although the outcome remained uncertain.

“Things have moved meaningfully in Epic’s direction over the last few days,” said Richard Windsor, founder of research firm Radio Free Mobile.

“Unfortunately, I suspect that this case is going to drag on for years and will end up being decided by the Supreme Court.” – AFP, May 25, 2021

Related News

Malaysia / 1w

Court holds government liable over 2021 Taman Sri Muda floods

Malaysia / 2w

Najib's application to stay his 1MDB sentence to be heard on Oct 14

Malaysia / 2w

Rais Yatim arrives at court; expected to be charged under Sedition Act

Malaysia / 2w

Oct 23 ruling on bid to restrain bank from closing Maritime Network accounts

Malaysia / 1mth

Former Tabung Haji COO’s charges put off after hospital admission

Malaysia / 1mth

Rosmah allowed to introduce fresh evidence in solar project appeal

Spotlight

Malaysia

Tuanku Muhriz to focus on state affairs; Will not attend Conference of Rulers meeting

Malaysia

Sarawak projects record RM15.09b revenue, budgets RM10.1b for development in 2027

Malaysia

Sultan Nazrin: Delay in environmental action places future generations at risk

Malaysia

Woman allegedly raped at KL shopping centre after being threatened with intimate video

Malaysia

Jordan’s King confers highest civilian honour on Sultan Ibrahim

Malaysia

Driver monitoring aims to stop commercial vehicle crashes before they happen

Malaysia

KTMB heritage sites set for tourism makeover, says Loke

Malaysia

Zara Qairina’s mother: No doctors recorded injuries consistent with being beaten

You may be interested

World

Trump weighs joining Saudi strikes after deadly Houthi attack on Riyadh airport

World

Trump calls for Zelenskiy’s removal after deadly Russian strike kills 20 in Ukraine

World

India releases youth protest leaders after detention as voter-list row deepens

World

Iran says US response on Hormuz Strait reopening proposal falls short

World

Man dies after entering tiger enclosure at UK wildlife park

World

Houthi attacks hit Riyadh, Dammam airports as Saudi Arabia faces mounting security threat

World

Bangladesh to deploy army at two new posts near Rohingya camps amid rising crime