It may impress that the confrontation of Apple and Epic Games ended as unexpectedly, as it began, without leading anything that would deserve our attention. However, it is not. Despite the fact that over the past few weeks, the conflict has not received any development, it was quite explained - it is a permitting court who needs a lot of time to familiarize himself with the case, to hear testimony, compare different points of view and may even receive an expert opinion. from the side. This is currently engaged in this.
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The court appointed a seven-hour hearing in the case of Apple and Epic Games, a mandatory participant of which Tim Cook should be, transfers Gizmodo. This is necessary so that Apple's CEO can give testimony within the conduct of a conductive proceedings. It will be necessary to tell you how the company refers to competition in the App Store, what steps takes for its development and what does to prevent the formation of a monopoly in which Apple is accused of Epic Games Studio lawyers, Fortnite developer.
Apple against Epic Games
People close to the right will curious to know that the judge appoints the judge in the USA. That is, they are known in advance. In this case, Epic Games petitioned an 8-hour meeting, and Apple demanded to reduce it to 4, but the court decided to dwell on 7 hours. Something tells me what it was done to teach Apple, as her lawyers tried to protect Tim Cook from the dacha testimony at all. But the judge stated that the law limits only their duration, and not a circle of participants, and without the general director, such a non-obvious question did not discuss.
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In general, studying the materials of the case, I began to lean to the opinion that the judge takes the side of Epic Games. I made such a conclusion based on the following factors:
- The judge almost completely approved the duration of the hearings requested by Epic Games;
- The judge summoned to give the testimony of the highest-level Apple employee, which is done only in the most extreme cases;
- The judge rejected Apple's petition for an admission to the case of documents proving that Samsung took similar measures to Epic Games as Apple;
- The judge called Samsung and Epic Games with a phenomenon, which cannot serve as an example for Apple and other market participants;
- At the hearing, the judge criticized Apple, calling her actions to disappointing and unsatisfactory. "
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Undoubtedly, the judge should not occupy the position of someone from the participants of the lawsuit in advance. He must objectively consider all the evidence, to hear arguments, and then compare them with the current judicial practice or laws and make a decision. However, now we see a clear preference that Thomas S. Hickson gives Epic Games and as if all to demonstrate this Apple - from the appointment of the hearing duration before accusations in unsatisfactory behavior at the court hearing.
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I believe that with this approach, Apple really does not shine to leave the winner from this trial. Perhaps you did not pay attention to this, but the judge very much cut the chances of the company to win, forbidding her to attach to the case of Samsung materials. After all, if Apple could do this, she could prove that her activity is not a monopoly, since other market players allow themselves to do the same. But the court refused to accept this data into the calculation. Therefore, the inner feel suggests that while Apple is clearly not in Favorites in the judge.