Judge Orders Apple to Produce More Documents in Epic Games’ App
America ı By Rochdi Rais
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Simon also disputed Apple executives' testimony that Apple's new 27% fees and rules restricting the format of out-of-app dynamic links were imposed for security purposes. Simon testified that dynamic links are commonplace on the internet and within apps.
"All of the internet would have to be a security risk for dynamic URLs to be a security risk," Simon said.
After Simon's testimony, Epic called to the stand its marketing executive Alec Shobin, who also complained about the impact of Apple's fees on the developer's popular videogame Fortnite.
But during a dense cross-examination, Apple's counsel tried to get Shobin to concede that Epic has still been able to direct consumers to circumvent its rules by requiring gamers to log into their Fortnite accounts and imposing child-protection filters.
However, the dense questioning often resulted in Shobin asking the defense attorney to repeat his questions, prompting the judge to sustain relevance objections and admonish counsel on their efficiency.
"You really have to work on this exam, you're driving me crazy," the judge told Apple's counsel. "You need to be short without these incredibly long questions. Every time you ask a question he asks you to repeat it. We will be done with this witness today. So get to it."
Shortly afterward, the parties finished Shobin's examination. The next hearing in the case will be held virtually on Tuesday at 4 p.m. Pacific time.
Epic Games is represented by Lauren A. Moskowitz, Gary A. Bornstein, Yonatan Even and Michael Jacob Zaken of Cravath Swaine & Moore LLP.
Apple is represented by Mark A. Perry of Weil Gotshal & Manges LLP and Richard J. Doren, Jason C. Lo and Dana Lynn Craig of Gibson Dunn & Crutcher LLP.
The case is Epic Games Inc. v. Apple Inc., case number 4:20-cv-05640, in the U.S. District Court for the Northern District of California.
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