The Apple vs Epic legal tension is about to rise even more. Both parties had a day in court, with Epic having a difficult day, berated by the judge for the case.
California judge recommends trial by jury
Reports detail that California Judge Yvonne Gonzalez Rogers upheld the ban against Fortnite. She noted that both companies will get her opinion in writing, recommending a trial by jury. Even then, such a request will be up to either party.
Rogers further noted that she understands her role in the entire process. She notes that her court is only a “stepping stone.”
“I know that I’m just a stepping stone for all of you,” Judge Rogers said. “Whoever loses is going to take it up and say everything I did was wrong – that’s what litigators do. There’s no hard feelings, that’s the job. But I think it is important enough to understand what real people think. Do these security issues concern people or not?”
Rogers was very harsh with Epic throughout the process. She notes that Epic “lied about it by omission,” referring to Epic’s circumvention of Apple’s policy. Rogers also noted that 30% was an industry standard for platforms on apps and gaming.
“You were not forthright,” she said. “You were told you couldn’t do it, and you did. There’s an old saying, a rose by any other name is still a rose…. There are plenty of people in the public could consider you guys heroes for what you did, but it’s still not honest.”
Judge suggests compromise for Fortnite app
The Apple vs Epic court war is going to be painful for Epic Games and Fortnite. So far, Judge Rogers suggested a compromise for both companies. She noted that Apple should allow Fortnite to operate in the App Store, but the “cut” should go to escrow until settlement of the case.
While Apple’s lawyers would be happy to confer, Epic’s side turned down the offer. They said that the court should not provide help to “unlawful provisions by monopolists.” The judge is less than impressed by the platitude.
If Epic maintains their current position, Fortnite won’t see the light of day for another year. The next trial date is set next year, at least until July 2021. In gaming, this is a long time.
The Apple vs Epic is growing bigger as the months go by. A jury will likely resolve the issue next year.
Images courtesy of Fortnite/Youtube Screenshot