Epic games have several important allies in his offer to reverse court decisions that clean up Apple for violating antimonopoly laws. The Microsoft CNET and FOSS Patent Report, the Electronic Frontier Foundation and Lawyer General of 35 countries have submitted a Brief to support the EPIC case with the US appeals court for the ninth circuit. Countries argue the district court is mistakenly claim the first part of the Sherman Law (US Antitrust Legal Platform) does not apply to unilateral contracts such as the terms set by Apple for developers. The court also has no weight correctly damage to anti-competitive behavior that Apple claims versus its benefits, according to Brief.
Microsoft, meanwhile, noted that it still had a reason to worry about “the strength of Apple’s extraordinary gatekeeper” despite its size, quoting its own interest in maintaining competition and innovation. This includes the alleged anti-competitive behavior outside the rules that affect epic. Apple’s effective prohibition on the Gaming Cloud service in the App Store is believed to hurt Xbox Game Pass Ultimate, for example. Microsoft also denied the view of the district court that the payment terms in Apple application were not anti-competitive efforts to bind together products.
EFF, meanwhile, echoing the country’s concerns about weighing harmful effects while offering parallel with Microsoft’s interpretation of binding. This foundation also said the district court made a mistake when presenting customers fully aware of Apple’s policies when they joined the company platform.
Apple remains confident in her chances. In a statement to CNET, the company said it was “optimistic” the decision of the district court would be upheld and maintain its view that it provides the application store “safe and trustworthy” offering “big opportunities” for the creator. Epic has refused to comment.
Briefs like this will not guarantee success for epics – the appeals court is not required to consider it. This is a strong support demonstration, and will not surprise if Microsoft, EFF and countries influence the decision. If epic wins the appeal and does not face further challenges, Apple may have to update the App Store again.
