Finally, Apple’s papers contain a number of half-truths and outright falsities intended to paint Epic as a bad actor. Epic cannot catalogue them all here but notes a few examples below:
- Apple asserts that Epic eliminated IAP from Fortnite. This is false. Epic’s hotfix update offered IAP and Epic direct pay side-by-side. IAP remained available in Fortnite until Apple blocked IAP upon termination of Epic’s Team ID ’84 account. (Grant Reply ¶¶ 38-39.)
- Apple asserts that the August 13 release has security risks. That is false. Apple has not presented a shred of evidence that there is any security issue.
- An Apple declarant asserts that in 2018, Epic breached its agreement with Sony to launch cross-platform play without Sony’s consent. (Schmid ¶ 19.) That is false. Sony announced the availability of cross-platform play in September 2018 with Epic as one of the first participants in the new program. (Sweeney Reply ¶ 7, Ex. A.)
- Apple claims Epic brought this case to revive supposedly waning interest in Fortnite, alleging a 70% decline in “interest” between October 2019 and July 2020. (Opp’n 11.) But Apple cherry-picked Google Trends data concerning Google search volumes, misleadingly starting from a one-week spike that took place in October 2019 when Epic ran an in-game event that captured global attention. Fortnite users increased over that period. (Sweeney Reply ¶ 18.)
- Apple argues that “Epic’s own app marketplace charges users and developers a commission” just like IAP. (Opp’n 6 & n.7.) But the Epic Games Store offers developers the choice that Apple does not: they can use Epic’s payment processor for in-app purchases, or they can use another payment processor and pay Epic nothing. (Sweeney Reply ¶ 24.)
- Apple claims it placed Fortnite billboards in Times Square and LA Live, at its expense to the benefit of Epic. But the billboards actually promoted the availability of Marshmello’s concert playlist on Apple Music. (Sweeney Reply ¶¶ 20-22, Ex. B.)
Epic looks forward to demonstrating at trial the unlawfulness of Apple’s conduct. In the meantime, an injunction should issue.
jdreyer wrote on Sep 20, 2020, 16:42:Wolfen wrote on Sep 20, 2020, 09:43:jdreyer wrote on Sep 20, 2020, 03:49:Wolfen wrote on Sep 20, 2020, 00:05:jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*
My sentiments exactly.
Hey, how are things on the mainland? I hear that food might be getting pretty scarce over there.
Errr... not sure where you heard that. It's fine over here food wise. At least in Shanghai it is. I haven't heard anyone discussing that except for you. Not even other foreigners here haha.
Huh, I heard the flooding has wrecked a good part of the grain harvest causing prices of rice, corn, etc. to spike. I've heard of army worm and locust infestations eating millions of tons of grain, and a swine flu outbreak that resulted in 180M pigs being killed to prevent spread. Maybe China is upping imports and using the strategic reserve to counteract these so that on one notices.
Cutter wrote on Sep 20, 2020, 13:20:Wolfen wrote on Sep 20, 2020, 09:43:jdreyer wrote on Sep 20, 2020, 03:49:Wolfen wrote on Sep 20, 2020, 00:05:jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*
My sentiments exactly.
Hey, how are things on the mainland? I hear that food might be getting pretty scarce over there.
Errr... not sure where you heard that. It's fine over here food wise. At least in Shanghai it is. I haven't heard anyone discussing that except for you. Not even other foreigners here haha.
Is there tons of great street food around where you are? Noodles, dumplings, etc. That the one thing I wish we could pickup from the rest of the world, way more, way better street food.
jdreyer wrote on Sep 20, 2020, 03:48:
I don't think it will really matter who wins the election: the Dems might be a slightly better option (e.g., Nadler), but both parties are pretty pro-corporate and hesitant to really press these kinds of investigations.
Wolfen wrote on Sep 20, 2020, 09:43:jdreyer wrote on Sep 20, 2020, 03:49:Wolfen wrote on Sep 20, 2020, 00:05:jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*
My sentiments exactly.
Hey, how are things on the mainland? I hear that food might be getting pretty scarce over there.
Errr... not sure where you heard that. It's fine over here food wise. At least in Shanghai it is. I haven't heard anyone discussing that except for you. Not even other foreigners here haha.
Wolfen wrote on Sep 20, 2020, 09:43:jdreyer wrote on Sep 20, 2020, 03:49:Wolfen wrote on Sep 20, 2020, 00:05:jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*
My sentiments exactly.
Hey, how are things on the mainland? I hear that food might be getting pretty scarce over there.
Errr... not sure where you heard that. It's fine over here food wise. At least in Shanghai it is. I haven't heard anyone discussing that except for you. Not even other foreigners here haha.
jdreyer wrote on Sep 20, 2020, 03:49:Wolfen wrote on Sep 20, 2020, 00:05:jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*
My sentiments exactly.
Hey, how are things on the mainland? I hear that food might be getting pretty scarce over there.
ColoradoHoudini wrote on Sep 19, 2020, 16:02:Then we would have ten janitors fighting ten janitors.
Take 10 random Apple employees and 10 random Epic employees.. grease em all up, and have them fight in an actual battle royal.
Hanneth wrote on Sep 20, 2020, 02:49:
There is actually a very valid case here against Apple.
My worry is that if Epic fails, it will make it harder for someone else to win the case.
I don't know if Tim Sweeney is doing this for the people, like he says he is. Maybe he is just doing it for the profit of his own company. He may even be doing it for Epic Games Store IOS.
What ever the reason, he has been going about this the wrong way.
Fortunately Apple has as big an ego as Sweeney does. While some of the false representations may not be directly relevant to the case, you don't ever tick off a judge by making false representations.
Either way, this probably isn't going to have an outcome for at least a couple of years.
The case against Google on the other hand is on shattered thin ice. Samsung is one of the major Android phone sellers, and they have their Galaxy Store on every device they ship, no extra clicks. Installing other app stores isn't that hard either. That being said, this will probably drag out for years as well.
RedEye9 wrote on Sep 19, 2020, 18:18:
Tim Sweeney owns the majority of the Company. aka >50%
He's the one that does the threatening, not the other way around.
Does that really need to be explained to you.
jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*
Mordhaus wrote on Sep 19, 2020, 18:06:Same here actually. I used to 'just' blame cliffyb but clearly sweeney was the puppet master with his hand up cliffyb's butt?Acleacius wrote on Sep 19, 2020, 16:22:
It looks like bullshit, none of this has anything to do with the case.
He's just in cya mode, I'm getting the distinct his job is being threatened.
One can only hope. If Sweeney were gone, I wouldn't have any issue with Epic.
jacobvandy wrote on Sep 19, 2020, 15:17:
*yawn*