Epic V Apple Will Go To A Jury…. Though That May Not Go Well For Epic

Epic V Apple has yet another plot twist in it. A judge has heard each company’s cases before making initial rulings and trial dates. And this happened:

A federal judge in California on Monday urged Apple Inc and “Fortnite” creator Epic Games to take their antitrust dispute before a jury, saying the higher courts would be less likely to overturn the result.

“I know I’m just a stepping stone for all of you,” District Judge Yvonne Gonzalez Rogers said during a virtual hearing from Oakland, California.

Any trial wouldn’t happen until next July according to AppleInsider. That may not go well for Epic as a jury may be less favorable to their arguments. Then there’s the fact that the judge overseeing this hearing wasn’t exactly receptive to Epic’s arguments:

The judge repeatedly highlighted that the matter was of Epic’s own doing, at times when Epic’s lawyers urged there was harm. Epic forced Apple’s hand in the matter, and it also has the opportunity to agree to Apple’s rules for “Fortnite” to be readmitted to the App Store. 

There was also some pushback on Epic’s repeated declarations that Apple was a monopolist, as well as Epic’s disregarding of rules and not being “forthright” with Apple itself. The judge also highlights the oddity of Epic’s arguments against Apple comparing a smartphone to a game console due to size reasons, by referencing the existence of the Nintendo Switch.

This perhaps would be a really good time for Epic to reconsider their position. While things can change, and it’s early days in this process, it doesn’t look promising for Epic. And maybe they want to think about taking this in a very different direction.

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