Judge Orders Tim Cook's Fortnite Case Testimony; Facebook Backing Epic

A new ruling in the ongoing legal battle between Epic Games and Apple says that Apple CEO and software engineering chief Craig Federighi will have to take the stand and testify in the antitrust lawsuit. The companies continue to battle it out over royalty fees and Epic's objection to Apple's take on Fortnite on the App Store. In a related note, it is reported that Facebook is throwing its support behind Epic in this case. The Verge summarizes the new ruling:
The order, issued on Wednesday following a December 15th hearing, says Apple will not be able to limit Cook’s testimony to four hours, as the company had sought. Only after Apple provides the necessary documents requested by Epic’s lawyers on the App Store’s operations can the length of testimony be determined, the order states. Hixon also shot down a request from Apple to replace Federighi with one of his lieutenants, Erik Neuenschwander.

“The Court rules for Plaintiffs and orders Apple to make Federighi a document custodian instead of Neuenschwander. First, Plaintiffs have shown that Federighi is a higher-level decision maker whose documents are more likely to go to the heart of Apple’s business justification defense,” reads the order. “Second, if Plaintiffs have guessed wrong, and Federighi’s documents are not as relevant as Neuenschwander’s are, that hurts Plaintiffs. Assuming the requests are relevant and proportional, it is up to Plaintiffs to decide what discovery they want to take to prove their claims, and if they make bad choices, that’s their problem.”
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Re: Judge Orders Tim Cook's Fortnite Case Testimony; Facebook Backing Epic
Dec 18, 2020, 12:13
8.
Re: Judge Orders Tim Cook's Fortnite Case Testimony; Facebook Backing Epic Dec 18, 2020, 12:13
Dec 18, 2020, 12:13
 
Dev wrote on Dec 18, 2020, 11:40:
Bill Borre wrote on Dec 17, 2020, 20:38:
Court rules for Plaintiffs...Plaintiffs have shown that Federighi is a higher-level decision maker

That's interesting. I didn't know that judges had the power to determine the corporate pecking order of a boardroom.
Sounds to me more like the judge said that epic asked for him because epic claims he's higher level, and they should get him, and if they chose wrong, too bad for epic, they need to stew in their own juices a while more. While apple was just trying to swap him out for someone else for an unknown reason.

The reason may very well be that Federighi's communications are probably more policy and high-level communications on the subject, whereas Neuenschwander's may be more down-in-the-weeds and based on different concerns. If you are trying to frame this as a "policy based on technical reasons" as opposed to "policy based on competitive reasons", one set of communications might help paint the process the way you want the judge to see it better than the other. Same is true if you're Epic and doing the discovery...
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Dec 18, 2020Dec 18 2020
   Re: Judge Orders Tim Cook's Fortnite Case Testimony; Facebook Backing Epic