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| Topic | There was a temporary verdict on the whole Apple/Epic thing |
| ninkendo 08/25/20 12:19:17 PM #1: | U.S. District Judge Yvonne Gonzalez Rogers has issued a temporary verdict on two of the cases most pending issues. She denied Epics request to have Fortnite reinstated but, as Bloomberg report, granted the companys request for a temporary order blocking Apple from limiting the game developers ability to provide Unreal Engine, key graphics technology, for other apps. In her decision, Judge Gonzalez Rogers noted that there is potential significant damage to both the Unreal Engine platform itself, and to the gaming industry generally, including on both third-party developers and gamers faced by Apples actions against Unreal, a point that was debated in yesterdays hearing. Elsewhere in the decision, she wrote, Apple is hard-pressed to dispute that even if Epic Games succeeded on the merits, it could be too late to save all the projects by third-party developers relying on the engine that were shelved while support was unavailable....Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In regards to Fortnite and other games, however, similar harm could not be clearly demonstrated. The decision reads: Fortnite players are passionate supporters of the game, and eagerly anticipate its return to the iOS platform. The Court further recognizes that during these coronavirus pandemic (COVID-19) times, virtual escapes may assist in connecting people and providing a space that is otherwise unavailable. However, the showing is not sufficient to conclude that these considerations outweigh the general public interest in requiring private parties to adhere to their contractual agreements or in resolving business disputes through normal, albeit expedited, proceedings. The judge also wrote, While the Court anticipates experts will opine that Apples 30 percent take is anti-competitive, the Court doubts that an expert would suggest a zero percent alternative. The likelihood of Epic ultimately prevailing was one of the factors in determining whether or not to grant the temporary restraining order. The temporary restraining order is effective immediately and will remain in force until the Court issues an order on the motion for preliminary injunction, the hearing for which is set for September 28. Personally I find all this fascinating and will continue to follow how this develops --- ... Copied to Clipboard! |
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