Apple F$@ks Around with Court Order, Finds OutMatt Stoller
It appears that the judge dealing with the Apple v. Epic antitrust lawsuit has had enough of Apple, Inc. simply ignoring the judges orders:
Late last month, Judge Yvonne Gonzalez Rogers issued a stinging order against Apple as part of the longstanding antitrust battle between Epic Games and the phone giant.
The case was started in 2020 when Epic Games changed its popular Fortnite game app on the iPhone to allow “players to bypass Apple’s payment system for in-game purchases, and use a proprietary Epic payment option instead.” Apple in turn kicked Fortnite out of the app store, citing the breach of its app store rules. Epic Games then sued Apple for monopolization, with a slick marketing video ready to go decrying the tyranny of the phone giant.………
Apple complied in a manner that can only be described as bad faith, which led to another series of hearings and last month’s judicial rebuke. In it, Judge Gonzalez Rogers mandated that the firm freely open up its app store to app developers who want to link out to their own payment system, and made a criminal referral of Apple Vice-President of Finance, Alex Roman, accusing him of having “outright lied under oath.”
(emphasis mine)
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She also ordered Apple to comply immediately, which opens up the app ecosystem for new products. A host of developers updated their apps, and Apple quickly approved them. It also appealed the decision to the Ninth Circuit, and asked for the higher court to issue a ‘stay,’ or halt, to the order, while it hears the appeal.
As with many other developers, Epic Games submitted a new version of Fortnite to Apple. But unlike the quick approval granted to most, Epic Games waited for five days, and then was told that it simply could not get the app onto the app store until the end of litigation. In other words, Apple said it simply would not adhere to a court order. Epic Games in turn filed yet another complaint to the judge.
At this point, it’s fair to say Judge Gonzalez Rogers has lost patience. Yesterday, she issued an order demanding Apple explain at a briefing next Tuesday “the legal authority upon which Apple contends that it can ignore this Court’s order.” Furthermore, she mandated that “the Apple official who is personally responsible for ensuring compliance shall personally appear at the hearing.” In other words, an Apple executive should prepare for sanctions if Fortnite doesn’t get into the app store, and soon.
I think that this summarizes what is going on with this judge
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The irony here is that Gonzalez Rogers has really bent over backwards for Apple, ruling against Epic Games on every Federal antitrust charge, and leaving open a host of ways for Apple to mitigate harm from the one state trade law she ruled Apple violated. I watched the whole process carefully, it took endless amounts of annoying bad faith nonsense from Apple to change this judge’s approach. Finally, she came to realize that Tim Cook and Apple was not running a large corporation that got a bit too aggressive, but a lawless bad faith legal operation willing to lie in court.
Yeah, pretty much.
*Pun intended.