Linked List: August 21, 2020

Friday, 21 August 2020

Apple Files Legal Documents Opposing Epic’s Attempt to Have Fortnite Reinstated in the App Store 

Devin Coldewey, reporting for TechCrunch:

Apple’s filing challenges the TRO request on several grounds. First, it contends that there is no real “emergency” or “irreparable harm” because the entire situation was concocted and voluntarily initiated by Epic:

Having decided that it would rather enjoy the benefits of the App Store without paying for them, Epic has breached its contracts with Apple, using its own customers and Apple’s users as leverage.

But the “emergency” is entirely of Epic’s own making…it knew full well what would happen and, in so doing, has knowingly and purposefully created the harm to game players and developers it now asks the Court to step in and remedy.

Also:

Apple also questions the likelihood of Epic’s main lawsuit (independent of the TRO request) succeeding on its merits — namely that Apple is exercising monopoly power in its rent-collecting on the App Store:

[Epic’s] logic would make monopolies of Microsoft, Sony and Nintendo, just to name a few.

Epic’s antitrust theories, like its orchestrated campaign, are a transparent veneer for its effort to co-opt for itself the benefits of the App Store without paying or complying with important requirements that are critical to protect user safety, security, and privacy.

I see a lot of people arguing that iOS, in some ethical/moral/philosophical sense, is inherently a different sort of closed vendor-controlled computing platform than game consoles, but I don’t see a legal argument for how iOS constitutes a monopoly if Xbox, PlayStation, and Switch aren’t. Again, you’re not going to see Microsoft, Sony, or Nintendo filing amicus briefs on Epic’s behalf, even though Microsoft has a game streaming platform Apple won’t allow on iOS, and Sony and Nintendo could.

Apple’s full filing is available here, and their attachments, including Phil Schiller’s declaration and Tim Sweeney’s laughably absurd “How about we make our own app store?” email, are right below it.

Tim Sweeney’s June 30 Letter to Apple 

Epic CEO Tim Sweeney, in a letter to Apple on June 30:

Please confirm within two weeks if Apple agrees in principle to allow Epic to provide a competing app store and competing payment processing, in which case we will meet with your team to work out the details including Epic’s firm commitment to utilize any such features diligently to protect device security, customer privacy, and a high-quality user experience. If we do not receive your confirmation, we will understand that Apple is not willing to make the changes necessary to allow us to provide Android customers with the option of choosing their app store and payment processing system.

Hard to believe Apple didn’t go for this. Such careful copy-and-pasting makes for such a compelling argument.