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Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

arstechnica.com

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Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#4
post #3

While I admire the creativity of Apple's legal team to attempt to frame this as theft, I'm glad it was dismissed outright because it's beyond absurd.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#5
post #3

While I admire the creativity of Apple's legal team to attempt to frame this as theft, I'm glad it was dismissed outright because it's beyond absurd.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

As the judge said, that is a contract breach, which is handled by different lawsuit.

In this lawsuit Apple argued it's theft, which is nonsense, and so the judge told them to go stuff it.

Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#6
post #3

While I admire the creativity of Apple's legal team to attempt to frame this as theft, I'm glad it was dismissed outright because it's beyond absurd.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

Same. I don’t like Apple’s overreach in the industry, over all, but their apple store service is great, and they should be paid for it. Don’t wanna pay? Don’t go to the store.

Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#7
post #3

While I admire the creativity of Apple's legal team to attempt to frame this as theft, I'm glad it was dismissed outright because it's beyond absurd.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

That's not really the core of the argument here. Epic is arguing that Apple's terms themselves (taking a cut of the revenue that's a direct result of Epic's team's efforts with zero options to do anything else) are not fair and should be unenforceable given its market position. Basically, breach of contract is only a valid legal basis when the contract itself is deemed legally acceptable. Ex. you can't force someone to sign a ridiculous contract at gunpoint and then sue them for breach later.

Where you come down on this issue should really be based on whether you think a marketplace cut of revenue with extremely onerous conditions that prevent even minor bypasses should be legal or not when distribution on said marketplace constitutes 50% of the consumer market in the sector (mobile gaming in this case). Whether or not someone previously agreed to the terms is not the issue.

Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#8
post #5

Earlier quoted context omitted.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

As the judge said, that is a contract breach, which is handled by different lawsuit. In this lawsuit Apple argued it's theft, which is nonsense, and so the judge told them to go stuff it.

Ah okay. I apologize, I didn't catch that the first time.

Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#9

Earlier quoted context omitted.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

Same. I don’t like Apple’s overreach in the industry, over all, but their apple store service is great, and they should be paid for it. Don’t wanna pay? Don’t go to the store.

That doesn't mean this is "theft" though.

Even if Apple ultimately is found to not be a monopoly, this particular action would be a simple contract breach. Not theft.

Re: Judge dismisses Apple’s “theft” claims in Epic Games lawsuit

#10
post #7

Earlier quoted context omitted.

Honestly, I think Apple's in the right here. Every developer agrees to the App Store rules before releasing their applications. Apple created guidelines for their developers and they're simply taking advantage of that in court. Not saying I agree with it, but it doesn't go without reason.

That's not really the core of the argument here. Epic is arguing that Apple's terms themselves (taking a cut of the revenue that's a direct result of Epic's team's efforts with zero options to do anything else) are not fair and should be unenforceable given its market position. Basically, breach of contract is only a valid legal basis when the contract itself is deemed legally acceptable. Ex. you can't force someone…

> Where you come down on this issue should really be based on whether you think a marketplace cut of revenue with extremely onerous conditions that prevent even minor bypasses should be legal or not when distribution on said marketplace constitutes 50% of the consumer market in the sector

This is a court case. Not a legislative session.

Where you come down on it should be based on the law. I believe the law should be changed. But based on existing law, it is difficult to find for Epic. Epic's strategy is, in effect, a high-risk lobbying endeavor.

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