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Society & Culture
Virtual Legality Episode 286

It Was A Trap!!! A Lawyer Discusses Epic vs Apple (Fortnite Lawsuit)

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132 132 views
11m Aug 13, 2020
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When we called Epic's mobile Fortnite discounts a declaration of war, we honestly had no idea how right we were.

Now it's clear that Epic's actions were not only deliberately inciting Apple, but also baiting them into taking action against Fortnite only to set the groundwork for Epic's filing of a federal lawsuit

What does Epic allege is Apple's anti-competitive activity? What is the Sherman antitrust act, and how does its application hinge on one very important factual determination? And what would a win by Epic here mean for Google, Microsoft, Sony, Nintendo, and many, many more.

Other channels may have ordinary tanks, but we've got a Sherman...in Virtual Legality.

#Epic #FreeFortnite #Apple


Discussed in this episode:

"Epic Declares War on Apple/Google...with Fortnite (VL285)"
YouTube Video - August 13, 2020 - Hoeg Law
https://youtu.be/Xb1E6-okFxQ

"THE FORTNITE MEGA DROP - PERMANENT DISCOUNTS UP TO 20%"
Epic Games Post - August 13, 2020
https://www.epicgames.com/fortnite/en-US/news/the-fortnite-mega-drop-permanent-discounts-up-to-20-percent

"App Store Review Guidelines"
Apple Developer Post
https://developer.apple.com/app-store/review/guidelines/

"Apple just kicked Fortnite off the App Store"
The Verge - August 13, 2020 - Nick Statt
https://www.theverge.com/2020/8/13/21366438/apple-fortnite-ios-app-store-violations-epic-payments

"Holy crap. Epic baited them deliberately for this outcome."
Tweet - August 13, 2020 - Richard Hoeg (@hoeglaw)
https://twitter.com/HoegLaw/status/1293995014629085185

Epic Games, Inc. v Apple Inc.
Filed August 13, 2020 (US N.D. Cal)
https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

"Fortnite Party Royale will premiere a new short: Nineteen Eighty-Fortnite."
Tweet - August 13, 2020 - Fortnite (@FortniteGame)
https://twitter.com/FortniteGame/status/1293984290326433792

"Epic Game's Nineteen Eighty-Fortnite spot"
Tweet - August 13, 2020 - Alex Medina (@mrmedina)
https://twitter.com/mrmedina/status/1294003691947585536

"Monopolizing trade a felony; penalty"
15 USC 2 (Sherman Act Sec. 2)
https://www.law.cornell.edu/uscode/text/15/2

"Trusts, etc., in restraint of trade illegal; penalty"
15 USC 1 (Sherman Act Sec. 1)
https://www.law.cornell.edu/uscode/text/15/1

"The Antitrust Laws"
Federal Trade Commission Site
https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106

"Single Firm Conduct"
Federal Trade Commission Site
https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct

"Monopolization Defined"
Federal Trade Commission Site
https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/single-firm-conduct/monopolization-defined


"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

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
00:00 Introduction (Background)
02:09 Apple Strikes Back
03:50 Epic Springs Its Trap
5:15 Epic Games vs Apple (Overview)
13:45 Epic's Theory of the Case
22:15 Monopolizing Its Own Product
35:14 A Tour of the Sherman Act (Setting the Market)
43:10 Epic's Claims
48:44 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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