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Apple files expert witness testimony in its legal battle against Epic Games

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We’re nearing the beginning of the trial between Apple and Epic Video games. As such, Apple has gone forward and filed its knowledgeable witness testimony to the courtroom.


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The submitting was first reported at present by MacRumors. The bench trial between Apple and Epic is ready to start out on Monday, Could 3, 2021. Which means the businesses have to get all of their geese in a row forward of the beginning date. Submitting knowledgeable witness testimony is a kind of geese.

There isn’t a set approval for the knowledgeable witness testimony submitting on the time of publication. Nevertheless, if the written statements are accredited by the courtroom, then they are going to be documented and function precise trial testimony. Nevertheless, seeing them forward of time does give us a have a look at how Apple plans, at the least partly, to dispute Epic Video games’ dispute with Apple within the authorized matter.

As famous within the authentic report, Apple tapped a number of totally different professors that provide experience in issues like regulation, antitrust, laptop safety, and different fields. One such professor is Lorin Hitt, who’s on the College of Pennsylvania and teaches Operations, Info, and Determination. In protection of Apple’s App Retailer and the related charges, Hitt argues that, as a sport transaction platform, Apple is true according to different companies and platforms:

My market share calculations help the conclusion that Apple doesn’t have market or monopoly energy in a correctly outlined market. Apple’s share of the digital sport transaction market lies between 23.3% and 37.5%. In gentle of my conservative method, these market share estimates, particularly on the excessive finish, are prone to overstate Apple’s true market share and are, in any occasion, inconsistent with Apple having substantial market energy. The entry of recent sport transaction platforms can also be inconsistent with Apple having market energy.

For what it’s price, Apple has made the identical argument.

One other entry is from UCLA Professor of Advertising and marketing Dominique Hanssens, arguing that Apple doesn’t have a monopoly within the gaming market as a result of iPhone and iPad homeowners in all probability additionally produce other units to play video games on. They reached that conclusion based mostly on a survey they performed:

Outcomes of my first survey present that 92 p.c of respondents who downloaded apps from the ‌App Retailer‌ had usually used at the least one different sort of gadget (i.e., units aside from iPhones and iPads) with which they might entry digital gaming content material, within the final 12 months. Additional, 99 p.c of respondents within the first survey had usually used or might have usually used at the least one different sort of gadget (i.e., units aside from iPhones and iPads) with which they might entry digital gaming content material, within the final 12 months.

In an fascinating transfer, all issues thought-about, Apple goes to make use of the App Retailer’s “safety” and evaluation course of as a approach to drum up help for why the App Retailer itself is so essential, particularly for cell customers. Aviel Rubin is the technical director for the Johns Hopkins College Info Safety Institute, and he argues that including third-party app shops to iOS would “lower iOS safety”.

The introduction of third-party app shops for iOS would lower iOS safety, security, and trustworthiness, as evidenced by the circumstances of Google and statistics indicating that third- social gathering app shops host 99.9% of found cell malware… No matter whether or not they would have the ability to or intend to realize the identical safety targets, the fact is that they might not. Furthermore, there is no such thing as a assure that every one, and even most, third-party app shops would decide to upholding consumer safety and privateness and intend to realize such safety targets, significantly if these requirements come on the expense of effectivity and income.

There isn’t a doubt by any means that Epic Video games goes to argue that, regardless of Apple’s claims and promotion of the evaluation course of, there are nonetheless loads of rip-off apps out there within the App Retailer. And, Epic Video games in all probability has an argument to make on this regard. Again in March we reported one such rip-off app, which in the end stole one consumer’s total life financial savings — and that was after the app was reviewed and accredited.

And there have been quite a lot of related apps found within the App Retailer since that report surfaced.