Today saw the publication of court filings by both Apple and Epic Games, and in them we see that Epic accuses Apple of using app security as a “pretext” for its commission. The company also argues that Apple enables fraud by app users.
In the run-up to the antitrust trial between the two companies, both sides were required to submit documents known as Findings of Fact and Conclusions of Law. Each company presents the facts it considers relevant to the case, and the legal arguments on which it intends to rely …
This follows disclosure of documents by each side, as well as depositions, in which lawyers from one side get to question witnesses from the opposition.
We earlier summarized Apple’s side of the case. The Cupertino company argues that developers are free to create apps for a wide range of devices, as well as web apps, and therefore Apple has no monopoly powers. Apple goes on to say that Epic created a PR campaign designed to make Apple look bad in the eyes of both developers and the public.
According to Apple, Epic Games has hired PR firms in 2019 to work on a media strategy called “Project Liberty” aimed at portraying Apple “as the bad guy.” In October 2020, Judge Yvonne Rogers had concerns that Epic knew exactly what they were doing with the controversial Fortnite update, so this doesn’t come as a surprise.
Epic makes four main arguments against Apple.
While Apple claims there are many app markets, Epic argues that iOS is a key market in its own right, as there are many customers who can only be reached on this platform. Epic accuses Apple of going to great lengths to ensure this is the case.
It seems Epic did manage to track down Scott Forstall’s phone number and depose him, as the former iOS senior vice president is cited as the source of one piece of evidence presented.
In an agenda for a 2010 executive team meeting, Apple founder and late CEO Steve Jobs wrote that he wanted to “tie all of our products together, so [Apple] further lock[s] customers into [its] ecosystem” [Forstall]
Eddy Cue also talked about what Apple does “to get people hooked to the ecosystem,” and Epic also presents evidence that this is…