Epic Games Appeals Ruling in Apple Lawsuit, Claims Court Made Errors
Epic Games today kicked off its appeal of the judge's decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit.
Both Apple and Epic Games have decided to appeal the original ruling as neither company was satisfied with the outcome. Epic Games wanted the court to force Apple to support third-party App Stores, which did not happen.
Epic Games CEO Tim Sweeney said that the ruling wasn't a "win for developers or for consumers," and Epic Games confirmed that it planned to appeal shortly after the verdict was delivered. In the appeal, Epic Games asked whether Judge Yvonne Gonzalez-Rogers had made mistakes with some of her findings, including that Apple is not a monopolist.
In the filing, Epic Games again argues that Apple's App Store restrictions and fees are harming developers and consumers, calling the App Store unnecessary.
Absent these restrictions, iPhone users and app developers could use alternative app stores, and users could get apps directly from developers. Developers could procure payment mechanisms with additional features and lower costs for their apps. Epic wants to but cannot compete with Apple to fulfill that demand by providing an iPhone app store and in-app payment solution. Epic would charge developers much less than Apple's 30% commission, increasing innovation and reducing costs.
Apple prevents Epic and other potential competitors from offering those choices. That is why Epic brought this antitrust suit. The district court's factual findings make clear that Apple's conduct is precisely what the antitrust laws prohibit.
Epic Games argues that the court made an error when it found no Sherman Act violation against Apple, which would have painted Apple as a monopolist and would have likely resulted in a very different ruling.
The goal with the appeal is to get the judgment against Apple reversed, and much of the rest of the document goes over the original arguments from the initial lawsuit.
The district court's judgment on Epic's Sherman Act claims should be reversed and judgment of liability entered in Epic's favor with a remand to determine the appropriate injunctive remedy. The district court's judgment on Apple's breach of contract and declaratory judgment counterclaims should be reversed and judgment entered in Epic's favor
Epic's full opening brief can be read on Scribd for those who are interested in the company's anti-Apple arguments.
Popular Stories
Leaker Sonny Dickson is back today with a new dummy unit image showing all four iPhone 16 Pro color variants, including the rose gold or "bronze" unit that replaces Blue Titanium in the existing iPhone 15 Pro models. The iPhone 16 Pro models are expected to come in black, white or silver, gray or "Natural Titanium," and a rose or rose gold color replacing Blue Titanium, according to Apple...
Multiple rumors have suggested that the iPhone 16 models are going to have an all-new button that's designed to make it easier to capture photos when the devices are held in landscape mode. Apple calls the button the Capture Button internally, and it is going to be one of the most advanced buttons that's been introduced to date with support for multiple gestures and the ability to respond to ...
Apple typically releases its new iPhone series in the fall, and a possible September 10 announcement date has been floated this year, which means we are just one month away from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design...
Apple's iPhone 16 series is expected to debut in September 2024. This release follows Apple's trend of introducing new iPhone models annually in the fall. While the exact date has yet to be officially confirmed, the day of Tuesday, September 10 has been rumored as a possible announcement date, and September has traditionally been the month when Apple unveils its latest smartphone innovations. ...
Apple is moving forward with its project to develop a tabletop robotic device, according to Bloomberg's Mark Gurman. Subscribe to the MacRumors YouTube channel for more videos. The device would feature a large iPad-like display mounted on a "thin robotic arm" that would allow the display to tilt and up and down and rotate a full 360º, and it would serve as a "smart home command center," a...
It's almost September, but Apple still has multiple new product launches planned for 2024. New iPhone 16 models and Apple Watches are coming in September, and we're also going to get at least three Mac updates with M4 chips this year, according to rumors. Here's what's on the horizon. MacBook Pro Apple plans to refresh both the 14-inch and 16-inch MacBook Pro models, adding M4 chips. The ...
T-Mobile was fined $60 million by the Committee on Foreign Investment in the US (CFIUS) for negligence surrounding data breaches, reports Reuters. CFIUS penalized T-Mobile for failing to prevent or disclose unauthorized access to sensitive customer data. When T-Mobile merged with Sprint, it signed a national security agreement with CFIUS, which is what led to the fine earlier this year....
