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Society & Culture
Virtual Legality Episode 308

Epic v Apple: Epic Makes Its Strongest Case Yet, But Is It Enough?

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46 46 views
11m Sep 5, 2020
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Phase 2 of the "Epic vs Apple Legal Universe" (the "EVALU") has begun!

As anticipated, Epic Games has filed a more fulsome "Motion for Preliminary Injunction" to ask the Court to order:

(i) Apple's restoration of its games team to the Apple Developer Program,
(ii) the restoration of the Fortnite application (as modified to allow direct payment to Epic) to the App Store, and
(iii) to prohibit Apple from taking negative actions against Fortnite, Epic, or Epic's sibling companies and products.

With the first volleys of the TRO fight now firmly out of the way, both Epic and Apple have something concrete to fight against, and Epic wisely continues to narrow its focus to matters of law.

But will it be enough?

It's time for another epic document EVALUation...in Virtual Legality.

#Epic #Apple #Lawsuit


Discussed in this episode:

"Epic vs Everyone: The Fortnite Antitrust Lawsuits"
YouTube Playlist - Hoeg Law
https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV

"PLAINTIFF EPIC GAMES, INC.’S NOTICE OF MOTION AND MOTION FOR A PRELIMINARY INJUNCTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF"
Epic vs Apple - September 4, 2020
https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.61.0.pdf

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

Epic Games, Inc. v Apple Inc.
Apple's Motion in Opposition to Temporary Restraining Order
https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.36.0_2.pdf

"Fortnite and Travis Scott in "The Metaverse": Fraction of the Future (VL211)"
YouTube Video - April 27, 2020 - Hoeg Law
https://youtu.be/rU5lSqMM4YQ

"ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TEMPORARY RESTRAINING ORDER"
Epic v Apple (August 24, 2020)
https://www.courtlistener.com/recap/gov.uscourts.cand.364265/gov.uscourts.cand.364265.48.0.pdf

"Eastman Kodak Co. v. Image Technical Services, Inc."
Wikipedia Page
https://en.wikipedia.org/wiki/Eastman_Kodak_Co._v._Image_Technical_Services,_Inc.


"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


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
2:42 The Requested Injunction
6:10 Epic's Overview of the Issues
28:29 The Effect of Apple's Termination
30:26 Epic Makes Its Strongest Antitrust Case Yet
37:39 Aftermarkets and Kodak Copiers
47:28 Epic Tying Claims
1:00:45 The Subjectivity of the Rule of Reason
1:08:30 Fighting Against Free (Walled Gardens)
1:11:00 Game Consoles Don't Count
1:14:30 Unclean Hands, Irreparable Harm, and the Public
1:22:38 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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