Epic Games Inc. First Opportunity Apple Inc. landed a high-value test in defensive action on its App Store. Epic lawyers dug up a five-year-old email questioning App Store chairman Matt Fischer, which quoted a colleague as saying, “Matt feels very strongly about not showing our competitors in the App Store” but the quote was not given in its full context and Fischer quickly dismissed it as misrepresentation.
The game maker was outraged by the judge for playing blindly about the footage of the evidence that the company had publicly published.
Epic, the creator of Fort Knight, was the first Apple employee to take a witness stand on Fischer, trying to prove that the market for apps running on hundreds of millions of iPhones works like a monopoly. Tristan Cosminka, Apple’s senior director in charge of the application review process, will be called to the position later.
Tested in Auckland, California, Apple faces a setback – with billions of dollars in revenue – from global regulators and some app developers claiming its standard App Store fee is 30% and other policies unfair and self-serving.
Fighting with Epic erupted in August, when the game maker told customers to change Apple’s in-app purchasing system on its own, waiving Apple’s commissions from Fortnight’s add-ons. Apple later cut off access to more than a billion customers and removed the game.
Apple vehemently denies abusing its market power, calling Epic Legal Compete a “fundamental attack” on a business model, benefiting both developers and consumers.
Fisher’s colleague is related to the inclusion of a statement about him in a 2016 email Google And Amazon on the Apple App Store page for accessible apps. Subject of the email: “Competitor applications in voiceover collection.” The whole sentence quoted by Epic: “Matt feels very strongly about not showing our competitors in the App Store, even though they are our best and brightest apps, so Tanya asked us to use the same filters for this collection.”
When asked by Apple’s lawyer Fischer to clarify the email, he said his colleague had been misinformed.
“We have advertised applications that are in competition with Apple applications,” Fischer testified. “We always do this.” Fischer said Disney Plus and Hulu are examples of apps advertised by Apple even though they have Apple TV + service.
Apple has neutralized Epic’s attempt to uncover some security and privacy issues against lawyer Fisher, pointing out that they are not part of the duties of managing the App Store.
Epic was also able to get crossroads to keep documents online without giving explanations with U.S. District Judge Yvonne Gonzalez Rogers.
“All of these things are being published, and they are out there,” Gonzalez Rogers said. “Non-lawyers do not understand the difference between being admitted for the truth and being allowed for some other purpose, such as declaration, so I would like to reduce it.”
Some of the documents uploaded to the publicly accessible account went missing after the judge’s comments.
Public seats on the court are limited International spreadRelated restrictions, but the court has set up audio feeds for the public and the media.