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dex3108

Member
Oct 26, 2017
22,577
Epic has expanded its ongoing legal battle against Apple and Google by filing new complaints in the UK.

The US company has filed a claim to the Competition Appeal Tribunal against each of the mobile platform holders, alleging that both have "abused [their] dominant position" in the market and "engaged in anti-competitive agreements/concerted practices" in both the UK and EU.

The two filings against Apple and Google are the latest step in Epic Games' campaign to restore Fortnite to app stores and change the way mobile ecosystems operate.

The filings were filed on December 8 and 29 respectively, but have only this week been made public by the Tribunal.

www.gamesindustry.biz

Epic Games takes legal action against Apple and Google in UK

Original Story: Epic has expanded its ongoing legal battle against Apple and Google by filing new complaints in the UK.…
 

killerrin

Member
Oct 25, 2017
9,237
Toronto
So close Epic, so Close. If you filed your injunction 1 country over in the EU your chances of success would have shot upwards dramatically since they are literally investigating Apple and Google for these exact things right now.
 
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Lobster Roll

signature-less, now and forever
Member
Sep 24, 2019
34,316
So they're going door-to-door to see who is willing to take their tenuous position seriously, are they?
 

GrantDaNasty

Member
Oct 27, 2017
2,987
So close Epic, so Close. If you filed your injunction 1 country over in the EU your chances of success would have shot upwards dramatically. since they are literally investigating Apple and Google for these exact things right now.

You mean Ireland? The country which the EU stated "provides illegal state aid and tax benefits to Apple"?

Having Apple's European HQ there likely would make it harder to justify Ireland pushing against them.

Edit: Google has their European HQ there as well, likely for the same reasons. Something tells me the Irish wouldn't take kindly to rocking the boat like that.
 
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killerrin

Member
Oct 25, 2017
9,237
Toronto
You mean Ireland? The country which the EU stated "provides illegal state aid and tax benefits to Apple"?

Having Apple's European HQ there likely would make it harder to justify Ireland pushing against them.
Ireland isn't the only EU country right next to the UK. But even If they did Ireland they could just escalate it to an EU court or tribunal
 

Uzzy

Gabe’s little helper
Member
Oct 25, 2017
27,090
Hull, UK
Wonder how novel the arguments are going to be this time round. I'm getting the popcorn ready.
 

Thera

Banned
Feb 28, 2019
12,876
France
I am so glad there are law and justice to protect a very very very rich company to be able to be at the table of others very very very rich campany...
 

AtomicShroom

Tools & Automation
Verified
Oct 28, 2017
3,075
Get fucked, Epic.

It's specifically because of their dominant positions that your game got this big in the first place. They deserve their cut. If you're unhappy with that, create your own cellphone platform.
 

supercommodore

Prophet of Truth
Member
Apr 13, 2020
4,190
UK
If you're unhappy with that, create your own cellphone platform.

While Epic are in the wrong on this one, the above is totally unreasonable.

Asking companies that don't like the Apple/Google duopoly to shut up and build their own platform is absurd. They have complete control over the mobile landscape and should be regulated as utilities to ensure they don't abuse their position.
 

tyfon

Member
Nov 2, 2017
3,680
Norway
While Epic are in the wrong on this one, the above is totally unreasonable.

Asking companies that don't like the Apple/Google duopoly to shut up and build their own platform is absurd. They have complete control over the mobile landscape and should be regulated as utilities to ensure they don't abuse their position.

Amazon forked android and made their own version and eco system so it's not that far fetched that epic could do the same.

The "fortnite phone/tablet" :p

Might even give them an edge if fortnite is only available on that system
 

Don Dada

Member
Oct 27, 2017
1,093
Bless up epic, anything to fuck around with the big dogs is worth it. I don't care what their end goal is. Let them fight.
 

Uzzy

Gabe’s little helper
Member
Oct 25, 2017
27,090
Hull, UK
While Epic are in the wrong on this one, the above is totally unreasonable.

Asking companies that don't like the Apple/Google duopoly to shut up and build their own platform is absurd. They have complete control over the mobile landscape and should be regulated as utilities to ensure they don't abuse their position.

How would regulating the storefronts themselves as utilities work? Genuine question.

Like sure, the Internet itself should be a public utility, but storefronts?
 

supercommodore

Prophet of Truth
Member
Apr 13, 2020
4,190
UK
Amazon forked android and made their own version and eco system so it's not that far fetched that epic could do the same.

The "fortnite phone/tablet" :p

Might even give them an edge if fortnite is only available on that system

If you operate with an Android fork you have to source components and other services outside the Open Handset Alliance, which drastically diminishes your options and the viability of your product.

Amazon have no presence in the phone market, even with their resources the Fire Phone was a failure. They now only operate in the tablet and TV streaming areas. The phone OS market is clearly a closed shop going forward.
 

supercommodore

Prophet of Truth
Member
Apr 13, 2020
4,190
UK
How would regulating the storefronts themselves as utilities work? Genuine question.

Like sure, the Internet itself should be a public utility, but storefronts?

If the "storefronts" are required for people to live a normal life (online banking, online gov services and other essentials etc.) then the rules of those "storefronts" should be regulated to ensure a fair access and ensure healthy competition.

I think calling the App Store and Google Play "storefronts" misrepresents how essential they have become. They form the basis of how everyone interacts with modern mobile infrastructure and they serve as a marketplace for other companies to compete in.

I'm not saying that the way they operate now isn't reasonable, but I'd rather have regulation in place to ensure that it remains the case.
 

Mindwipe

Member
Oct 25, 2017
5,206
London
How would regulating the storefronts themselves as utilities work? Genuine question.

Like sure, the Internet itself should be a public utility, but storefronts?

Storefronts with a 99.9% market share between two operators that abuse hardware signing keys to lock out competition?

Abso-fucking-loutely.

Visa and MasterCard are "just" payment mechanisms, but they're heavily regulated (and not even enough!) despite not having as much market power as Apple and Google.
 

Uzzy

Gabe’s little helper
Member
Oct 25, 2017
27,090
Hull, UK
If the "storefronts" are required for people to live a normal life (online banking, online gov services and other essentials etc.) then the rules of those "storefronts" should be regulated to ensure a fair access and ensure healthy competition.

I think calling the App Store and Google Play "storefronts" misrepresents how essential they have become. They form the basis of how everyone interacts with modern mobile infrastructure and they serve as a marketplace for other companies to compete in.

I'm not saying that the way they operate now isn't reasonable, but I'd rather have regulation in place to ensure that it remains the case.

You'd really struggle to convince any judge or lawmaker that access to a video game/video game store is an essential service in that way. If they were restricting access to online banking for example, then that's a very different matter, and regulation there is arguable, though I would imagine you'd still be able to access the bank's website even if they blocked the app for whatever reason.

Storefronts with a 99.9% market share between two operators that abuse hardware signing keys to lock out competition?

Abso-fucking-loutely.

Visa and MasterCard are "just" payment mechanisms, but they're heavily regulated (and not even enough!) despite not having as much market power as Apple and Google.

I didn't ask if they should be regulated, I asked how. And again, payment mechanisms are far more of an essential service than a video game/video game store.
 

killerrin

Member
Oct 25, 2017
9,237
Toronto
Storefronts with a 99.9% market share between two operators that abuse hardware signing keys to lock out competition?

Abso-fucking-loutely.

Visa and MasterCard are "just" payment mechanisms, but they're heavily regulated (and not even enough!) despite not having as much market power as Apple and Google.
Hell, they don't even need to regulate the storefronts. They can bypass them entirely and just force the mobile OS' to allow free Sideloading and the ability to install other App Stores if the person so chose.

And in the case of Google make it so they can't prevent other Phone Manufacturers from preloading the installation of another store by default (and yes, Google had been caught doing this). Require the installation of the Play Store sure... But make it illegal to block the installation of other stores by default.

Then you don't need to regulate the stores because you have effectively added competition and the problem has been 100% solved.
 
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AerialAir

Member
Oct 25, 2017
2,046
Portugal
While Epic are in the wrong on this one, the above is totally unreasonable.

Asking companies that don't like the Apple/Google duopoly to shut up and build their own platform is absurd. They have complete control over the mobile landscape and should be regulated as utilities to ensure they don't abuse their position.
It's okay to have your platform and take your cut. However, it's not okay not to allow users to install other stores, which is Apple does. Fuck Epic, their practices are terrible, but fuck Apple as well.
 

Mindwipe

Member
Oct 25, 2017
5,206
London
You'd really struggle to convince any judge or lawmaker that access to a video game/video game store is an essential service in that way. If they were restricting access to online banking for example, then that's a very different matter, and regulation there is arguable, though I would imagine you'd still be able to access the bank's website even if they blocked the app for whatever reason.

I didn't ask if they should be regulated, I asked how. And again, payment mechanisms are far more of an essential service than a video game/video game store.

You are misrepresenting them as a videogame store.

Apple's app store in particular exercises monopoly control of mobile banking, media (including being a defacto media censor for everything on the device), news, payments, telephony, assembly, public discussion and essential real world safety apps, often to the extent that it literally costs people their lives.
 
Apr 25, 2020
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y3gijselpbf11.gif
 

Uzzy

Gabe’s little helper
Member
Oct 25, 2017
27,090
Hull, UK
You are misrepresenting them as a videogame store.

Apple's app store in particular exercises monopoly control of mobile banking, media (including being a defacto media censor for everything on the device), news, payments, telephony, assembly, public discussion and essential real world safety apps, often to the extent that it literally costs people their lives.

I was referring to Epic Games Store and Fortnite with the video game/video games store part.

Regulating Apple to require them to facilitate access to the essential services you mention would make sense, I certainly wouldn't argue against it. But requiring them to facilitate access to Fortnite or Epic Games Store? That's a much tougher argument to make from an 'essential services' POV.
 

Cipherr

Member
Oct 26, 2017
13,422
Hell, they don't even need to regulate the storefronts. They can bypass them entirely and just force the mobile OS' to allow free Sideloading and the ability to install other App Stores if the person so chose.

And in the case of Google make it so they can't prevent other Phone Manufacturers from preloading the installation of another store by default. Require the installation of the Play Store sure... But make it illegal to block the installation of other stores by default.

Then you don't need to regulate the stores because you have effectively added competition and the problem has been 100% solved.


I like this.... I also think there should be a way to delete the stores somehow with I guess an option to reinstall the Play store if you somehow find yourself without one at all. But basically if I decided I wanted to use some third party store, I should be able to delete Googles Play store from my phone or any Samsung stores or whatever.
 

Mindwipe

Member
Oct 25, 2017
5,206
London
I was referring to Epic Games Store and Fortnite with the video game/video games store part.

Regulating Apple to require them to facilitate access to the essential services you mention would make sense, I certainly wouldn't argue against it. But requiring them to facilitate access to Fortnite or Epic Games Store? That's a much tougher argument to make from an 'essential services' POV.

Not really, competition law is simply the fastest way to make those essential things happen, and it doesn't really matter how.
 

killerrin

Member
Oct 25, 2017
9,237
Toronto
I like this.... I also think there should be a way to delete the stores somehow with I guess an option to reinstall the Play store if you somehow find yourself without one at all. But basically if I decided I wanted to use some third party store, I should be able to delete Googles Play store from my phone or any Samsung stores or whatever.
Thats how it should be.

Everyone focuses on the Apple side of the whole thing because of not being able sideload. But everyone always ignores that Google is also being sued too. And for good reason. Google is legitamitely participating in monopolistic behaviourby telling their OEMs that if they so much as dare as preloading another store, they'll ban them from Google Mobile Services.

Epic had attempted to create their own Mobile App Store for Android, and even went to go negotiate with a couple OEMs to have it preloaded by default. They even came to an agreement with a couple OEMs. Though Google found out and before they signed the final contracts Google basically told them to drop it or they'll drop them and all of a sudden the OEMs quickly stopped negotiations and ghosted Epic.

You can say what you want about how "Apple shouldn't be forced to allow sideloading. Its always been a closed ecosystem". But nobody should be able to deny that Google is absolutely guilty as charged.
 

Uzzy

Gabe’s little helper
Member
Oct 25, 2017
27,090
Hull, UK
Not really, competition law is simply the fastest way to make those essential things happen, and it doesn't really matter how.

I disagree. The theory of Epic's case would force Apple to do business with anyone, to support offering their products on their own product, be it EGS, Parler or whatever. That's a fair argument to make for the essential services you mention, that Apple must do business with HSBC or whoever, and I do feel that in a lot of ways law has lagged behind recognising the essential role the internet plays in modern human interactions. (Access to the internet should be a human right honestly.) But forcing Apple to do business with someone, force them to offer a product on their own product, that should require a substantial justification and public interest, and I don't think access to Fortnite/EGS is of a particularly high public interest.

If you're going down the competition law route, then Epic's case argues that 'Apple is dominant in the iOS app distribution market, and the iOS in-app payment processing market.' Which, yes, Apple is indeed dominant in their own product. ResetERA is dominant in the 'ResetERA' market. Epic is dominant in the 'Epic Game Store' market. Companies control access to their own products, and get to set conditions of access! That argument is really tough to make honestly.
 

Toumari

Member
Oct 27, 2017
8,303
England

BeI

Member
Dec 9, 2017
5,974
Got thrown out:



9to5mac.com

UK judge rules against Epic in bid to sue Apple despite mixed Google decision - 9to5Mac

Epic’s legal battle with Apple has hit a roadblock in the UK. Despite a mixed ruling on Epic’s right to...

That North Dakota bill they lobbied for also got rejected too.

www.cnet.com

App store regulation reportedly backed by Epic Games fails in North Dakota

The bill didn't pass, but it would have provided app developers more freedom.
 

Deleted member 34788

User requested account closure
Banned
Nov 29, 2017
3,545
Looks like they are staring to spiral, whatever leads to them going public quicker. They'll have some nicely priced stock for a few years.

Tim is going to be shaken to the core when that shit happens.