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Society & Culture
Virtual Legality Episode 336

Injunction Disjunction: Epic Loss for Fortnite/Epic Win for Unreal!

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9m Oct 10, 2020
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A Preliminary Injunction Order has finally been issued in "Epic vs Apple"! While the topline order will look familiar to those following the case most closely, there is a lot to be gleaned from a thorough breakdown of the court's reasoning.

Where did Epic succeed? Where did it falter? And what information is the Court looking for in the future from both Epic and Apple?

It's a big day! So let's dive in.

"The Court concludes that reasonable minds differ"...in Virtual Legality.

#Epic #Apple #Injunction


Discussed in this episode:

Epic v Apple Preliminary Injunction Order
October 9, 2020
https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.118.0.pdf

An Antitrust Epic
YouTube Playlist – Hoeg Law
https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV

"Investigation of Competition in Digital Markets"
US House Antitrust Subcommittee Majority Staff Report
October 6, 2020
https://judiciary.house.gov/uploadedfiles/competition_in_digital_markets.pdf

"10 app store principles to promote choice, fairness and innovation"
Microsoft Blog - October 8, 2020
https://blogs.microsoft.com/on-the-issues/2020/10/08/app-store-fairness-caf-interoperability-principles/

“Epic's Final Push: "Half-truths and Outright Falsities" (VL321)”
YouTube Video – September 22, 2020 – Hoeg Law
https://youtu.be/ygcjVdbr_RA


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com
STORE: https://teespring.com/stores/hoeg-law-store


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
00:00 Introduction
04:44 Background Facts
12:23 Standard for Injunctions (Serious Questions)
13:40 Could Epic Win on the Merits?
25:55 What is the Relevant Market?
32:42 Epic's Theory Would Affect ALL Walled Gardens
38:00 Is Distribution and IAP Illegally Tied?
50:38 Harms - Irreparable and Self-Inflicted
1:05:32 Unreal Equities
1:08:57 Injunction and Conclusion

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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