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Society & Culture
Virtual Legality Episode 539

Epic v Apple: ROUND 2! Epic's Appealing an Apple Win

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26 26 views
1m Sep 13, 2021
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Not one to be put off by such a little thing as a 185 page trial court ruling, Epic Games has done what was anticipated and immediately appealed.

In other words "Epic v Apple - Round 2" begins now.

So why is Epic appealing when Apple is still on the fence? And what can we learn about the Ninth Circuit reversal rate in the process?

We don't skip appealing puns...in Virtual Legality.

#Epic #Apple #Lawsuit


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Discussed in this episode:
"An Antitrust Epic"
YouTube Playlist - Hoeg Law
https://www.youtube.com/playlist?list=PL1zDCgJzZUy-lb7ReoUqL5_dTcM8ngmfV

"Epic v Apple: Judgment Day - Who Won? Who Lost? ...and Why? (VL538)"
YouTube Video - September 10, 2021 - Hoeg Law
https://youtu.be/43CMV8KIs3E

"Epic has appealed Friday’s ruling in the Epic v. Apple case"
The Verge - September 12, 2013
https://www.theverge.com/2021/9/12/22670269/epic-files-appeal-fortnite-legal-battle

Epic v Apple
Notice of Appeal (9th Circuit)
https://s3.documentcloud.org/documents/21061142/epic-games-appeal.pdf

"Apple must allow other forms of in-app purchases, rules judge in Epic v. Apple"
The Verge - September 10, 2021
https://www.theverge.com/2021/9/10/22662320/epic-apple-ruling-injunction-judge-court-app-store

"The Epic v. Apple ruling could put a serious dent in Apple’s $19 billion App Store business"
The Verge - September 10, 2021
https://www.theverge.com/2021/9/10/22667047/apple-epic-ruling-games-app-store-fortnite-revenue-purchases-business

"Epic Wins Big Fortnite Lawsuit Against Apple"
Kotaku - September 10, 2021
https://kotaku.com/epic-wins-big-fortnite-lawsuit-against-apple-1847653612

"A COMPREHENSIVE BREAKDOWN OF THE EPIC V. APPLE RULING"
The Verge - September 12, 2021
https://www.theverge.com/2021/9/12/22667694/epic-v-apple-trial-fortnite-judge-yvonne-gonzalez-rogers-final-ruling-injunction-breakdown

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

Epic Games v Apple
Decided September 10, 2021 (N.D. CA)
https://s3.documentcloud.org/documents/21060631/apple-epic-judgement.pdf

"App Store Review Guidelines"
Updated June 7, 2021
https://developer.apple.com/app-store/review/guidelines/

"Paid Applications Agreement (Schedules 2 and 3 of the Apple Developer Program License Agreement)"
https://developer.apple.com/support/downloads/terms/schedules/Schedule-2-and-3-20210607-English.pdf

Unreal Engine End User License Agreement For Publishing
https://www.unrealengine.com/en-US/eula/publishing

"Apple hasn’t decided whether to appeal the Epic v. Apple ruling"
The Verge - September 13, 2021 - Hoeg Law
https://www.theverge.com/2021/9/13/22671736/epic-apple-fortnite-antitrust-case-ruling-appeal-decision

Ninth Circuit 2020 Annual Report
https://cdn.ca9.uscourts.gov/datastore/judicial-council/publications/AnnualReport2020.pdf


"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.


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
0:00 Introduction
1:04 Epic Appeals
2:32 Why Appeal?
8:21 When is a Win not a Win?
12:27 Contractual Commissions (Apple and Unreal)
26:30 An Apple Appeal?
28:06 Ninth Circuit and Reversal Stats
32:46 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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