Epic’s App Store lawsuit seriously flawed and ‘Fortnite’ ruling must stand, Apple says

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In a new letter, Apple states that Epic Games lost the Epic v. Apple lawsuit because it failed to prove wrongdoing — and not because of legal error on the part of the judge.

On Thursday, the Cupertino tech giant filed a Principal and Response Letter with the Ninth Circuit Court of Appeals regarding the appeals and cross-appeals in the Epic Games v. Apple case.

Essentially, it argues why the majority of the rulings in the case must be upheld by the Ninth Circuit. It does, however, outline an argument for reversing the ruling on the “anti-steer” provisions.

One of the arguments is the brief outline of why Apple believes Judge Yvonne Gonzalez Rogers made no legal error in her decision to essentially let Apple win in the case.

“Epic did not lose the lawsuit because of a legal error,” the briefing reads. “Epic lost because it ‘exceeded’ by making claims on the ‘boundaries of antitrust law’.”

That’s a direct refutation of Epic Games’ argument in its appeal to Judge Gonzalez Rogers’ ruling “wrong” in her ruling.

The document, which is approximately 135 pages, details Epic’s arguments and why the game studio lost nine out of ten counts. It makes a comparison with Apple’s own cross-appeal, which it claims was based on two legal errors surrounding the California Unfair Competition Law.

Of the “anti-steer” provisions, Apple says the “measure advanced by Epic is legally insufficient to support UCL’s judgment”. In addition, Apple says that Epic Games can no longer prove damage in the App Store because it is no longer an Apple developer.

The Epic Games v. Apple saga began in the summer of 2020, when Epic Games implemented an instant payment feature in the iOS version of “Fortnite” in violation of Apple’s App Store policies. Apple subsequently removed the game and Epic Games filed a lawsuit.

A lengthy legal proceeding took place in May 2021, in which both Apple and Epic Games set out their arguments. Epic Games claimed that Apple had a monopoly on its App Store with little room for competitors. At the same time, Apple claimed that the game studio just wanted to maximize its revenue — and that the proposed changes would threaten the iPhone’s security and privacy.

Judge Yvonne Gonzalez Rogers made her ruling in September 2021. She essentially handed Apple a win, declaring that the company was not a monopoly. However, part of the ruling would force changes to Apple’s “anti-steer” policy — or the rules that prohibit developers from communicating directly with customers about alternative payment options.

Both Apple and Epic Games have appealed the court’s ruling. Apple successfully won a bid in December 2021 to obtain a stay on the “anti-steering” ban.

This post Epic’s App Store lawsuit seriously flawed and ‘Fortnite’ ruling must stand, Apple says

was original published at “https://appleinsider.com/articles/22/03/24/epics-app-store-lawsuit-appeal-badly-flawed-fortnite-ruling-should-stand-says-apple?utm_medium=rss”