Over the weekend, Epic Games appealed the latest ruling in its case against Apple. While the ruling was tied to Apple in almost all cases, it didn't leave Epic completely empty-handed, nor did it close the door to future Epic claims.
The appeal did not provide any details on why Epic was appealing, only to appeal the case's final decisions to the Supreme Court. However, Epic clearly didn't get nearly everything it wanted, so this request was appealing.
At Judgment Day, Epic CEO Tim Sweeney said on Twitter that this wasn't a win for junior developers. The next day, he described the case as a loss. “Today: I lost a case, climbed a mountain, read hundreds of pages of legal papers, and wrote code,” he said. "It is defined equally as long as there are no real developers, no consumer freedom in the software, and there is fair competition in every software component of the mobile platform."
Today: You lost your file, climbed a mountain, read hundreds of pages of legal papers, some codes written. As long as there is no real software decision by developers and consumers and there is fair competition in every component of the mobile platform software, we are determined to fight back as in the past. pic.twitter.com/5PWD6va6mz- TimSweeneyEpic September 11, 2021
The September 10 ruling included a ruling that Apple could no longer charge developers in its iOS App Store for alternative payments. Consumers are open. Options that don't use Apple's payment system, and therefore eliminate Apple from the 30% of developer revenue it normally collects.
However, the judge in this case also said that Epic was sufficient evidence to claim that Apple's behavior was exclusive. The company also ordered Epic to give Apple millions of dollars to buy Fortnite players on iOS for in-game purchases outside of Apple's payment system last year, launching the issue for the first time.
While the judge said his Apple company is currently a monopoly, he acknowledged that it might be on the way to becoming one. "The evidence shows that Apple has a significant market share near the abyss of market power or monopoly power," Judge Yvonne Gonzalez Rogers wrote in the ruling. "Apple is only saved by the fact that it no longer has a stake, because its competitors are entering the mobile game market, and perhaps because the plaintiff did not focus on this issue."
Epic claims that the Apple platform itself represents a market in which Apple has exclusive authority. The ruling states that iOS is simply part of a larger market for digital buyouts that includes all mobile operating systems. However, this may keep another court open in the future to rule out Apple's conduct.
Epic as a promise to appeal the lawsuit with Apple