Apple’s battle with Epic over Fortnite could reach jury trial next July


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Apple and Epic are fighting it out in court.


CNET

Apple and Epic met in a virtual court hearing on Monday to debate whether Fortnite should be allowed to remain in Apple’s App Store while the two fight an even bigger battle over whether Apple is violating federal antitrust law. California Judge Yvonne Gonzalez Rogers said didn’t issue any update to her previous ruling, which upheld Apple’s ban on Fortnite while the antitrust case is ongoing. Instead she said the companies should expect to hear from her in writing.

Rogers said that it’s likely the case, which she added was “the frontier of antitrust law,” will be heard in July 2021. She recommended a trial by jury in order that the final judgement reached would be more likely stand up to appeal, although said it’s up to Apple or Epic to request this.

“I know that I’m just a stepping stone for all of you,” she said. “Whoever loses is going to take it up and say everything I did was wrong — that’s what litigators do. There’s no hard feelings, that’s the job. But I think it is important enough to understand what real people think.”

The suit began on Aug. 13, when Epic turned on undisclosed code buried in its popular Fortnite battle royale game for iPhones and iPads. The game, which pits up to 100 players against one another in a cartoonish but complex last-man-standing shootout, counts more than 250 million players. And that Thursday, Epic circumvented Apple’s payments systems for the app, allowing customers to buy items like new looks for their characters directly from Epic, rather than through Apple’s payment system that charges up to a 30% commission.

Katherine Forrest, lawyer for Epic, said that by doing so the company was not cheating or…

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