![]() Q: What are thoughts on the broad merits of Epic's case? And how do you think Apple and Google will set about defending themselves? In anticipation of Google pointing to the fact that the core of the Android codebase can be licensed on open source terms without having to sign an agreement with Google concerning app distribution and payment systems, Epic alleges that Google broke its promise of an open Android platform." Otherwise, there would be a missing link. That's why Epic's complaint against Google tackles its agreements with Android device makers. The most important structural difference is that Apple makes both the hardware and the software, while Google's market share in hardware is negligible. Mueller: "The narrative and the proposed remedy-a level playing field for alternative app stores and in-app payment systems-are the same in both cases. Q: Are there any similarities or difference between Epic's cases against Apple and Google? Epic describes Apple's and Google's 30% cut as a "tax" and its amount as "supracompetitive," so what Epic really wants is for that percentage to come down, but the vehicle to achieve this that they propose is to allow apps to use the likes of Paypal." Epic argues that competition among app stores and, especially, payment service providers would benefit consumers. Mueller: "In both cases, the one against Apple and the one against Google, Apple is seeking the same thing: they want courts to force the platform makers to tolerate the use of alternative in-app payment systems. Q: Can you summarise the lawsuits briefly, what is Epic seeking? And what are the grievances in each case? End users don't really care how their payments are split between Apple and developers.įocusing on Mueller's litigation expertise, I asked him about Epic's case against Apple and Google: ![]() Epic may have underestimated that Apple's App Store terms aren't really a topic end-users care about. In addition, Epic apparently wants its Fortnite user base to exert pressure on Apple." The case is getting plenty of publicity, but what I see on Twitter suggests to me that Apple gets a great deal of support from its fans. Department of Justice to step in, and the European Commission is already investigating a Spotify complaint about Apple's App Store rules. Presumably Epic would like antitrust authorities such as the U.S. ![]() They're litigating this case not only in the court of law but to at least the same if not a greater extent in the court of public opinion. Rather than just file a complaint and let the judicial process unfold, Epic opted for a noisy approach with aggressive public statements, tweets, the Nineteen-Eighty-Fortnite video, and the #FreeFortnite hashtag. Mueller: "Low-key commercial litigation is something else for sure. I asked both Mueller and Cybart about their initial reactions to Fortnite's change in payment system, its lawsuits against Apple and Google, nineteen-eighty Fortnite, and so forth. Cybart founded Above Avalon in 2014, and is a full-time Apple analyst who measures the company from "both a Wall Street and Silicon Valley perspective." Cybart has been cited by massive outlets including WIRED, Financial Times, The New York Times, and The Wall Street Journal, and consistently ranks as one of the most accurate Apple analysts in the game. Mueller is also uniquely positioned as the head of a new game development company, creating a mobile game for iOS and Android that will be available next month, giving him unique insight into some of the terms and conditions that come with game development. ![]() Mueller has been covering smartphone patent and antitrust litigation for over 10 years at FOSS Patents including heavyweight cases such as Apple v. ![]()
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