Epic Games and Apple have called experts to the stand, on the one hand to highlight Apple’s grip on developers, and on the other, to show precisely the opposite. The expert dispatched by Apple used a list of examples of little-known little games that turned out to be riddled with errors. The Epic Games expert was able to take advantage of this wobbly defense to completely destroy Apple’s arguments, before completing his argument with the example of Candy Crush Saga.
The hearings of the case between Epic Games and Apple are worth, some days, their weight in peanuts. Our colleagues from The Verge recount an episode for the defense to say the least. That day, both sides were to send experts to determine whether Apple’s rules on the App Store could lead to what both parties call “Friction” for the user. In other words, if these rules can in certain cases harm the user experience to the point that it leads him to go to the competition. In the Apple camp, there was Lorin Hitt, a professor at the University of Pennsylvania Wharton.
The latter began his argument by asserting thathe did not believe that having to play Candy Crush through the web browser rather than an application could be considered friction for the user. He adds that because of the dematerialized dimension of these application stores and platforms, there can be no question in all cases of friction of the same order as with physical points of sale. He then chooses to continue in a direction that the expert dispatched by Epic Games will abundantly exploit.
Epic Games lawyer spilled some blood in his last court hearing
According to him, developers design their games simultaneously for PCs and smartphones. He backs up this argument with a list of little-known games put together on an Excel sheet. The idea being to show the judge that in the end, an exclusion from the App Store is not such a huge barrier for developers. Obviously Epic Game whose Fortnite game was excluded from the App Store was there to show the opposite. Epic Games therefore let its lawyer, Yonatan Even, respond to the expert’s arguments.
Looking at the list with the experts at Epic Games, Yonatan Even immediately points out that many of the games on the list are not, in fact, available simultaneously on PC and smartphone.. The Verge explains: “One game, Words Story, is listed as available on PC on the document although this is not what can be read on the developer’s site”. Lawyer Yonatan Even then qualifies this example as “Fake games”, at the same time casting doubt on all the examples put forward a little earlier by the defense.
Yonatan Even then forces the expert to certify under oath the veracity of the examples cited above. Stuck, Lorin Hitt throws the blame on “His team of researchers” to which, he said, he “Trust”. Sensing that the flagship has spilled a few drops of blood, Yonatan Even continues by taking the example of Candy Crush Saga used earlier by Lorin Hitt. Yonatan Even then asks that the screen of his smartphone be displayed on one of the screens of the court. He goes to the Candy Crush site on his iPhone, and presses “install”.
It is then returned to the App Store. When he returns to the Candy Crush site, impossible to play on the web. The only way to play on the web, says the lawyer, is on a computer. And Yonatan Even to launch a bit mocking: “It’s part, I imagine, of your vision for a frictionless user journey.” The lawyer does not stop there, and uses examples of games advanced by Apple’s defense to show point by point that none of them allows you to buy credits outside the application. , usable inside, without going through the App Store.
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And ends up throwing at the judge that only three apps offer this: PUBG, Roblox and Fortnite, now banned from the App Store. The hearing ended with a comment from Judge Yvonne Gonzalez Rogers, who felt that the examples put forward by Apple lacked eloquence: the user journey, indeed, “Seemed difficult from the examples you gave”, remarked Yvonne Gonzalez Rogers.
Source: The Verge