Tuesday, 02 March 2021 00:50

Epic Games vs Apple Trial to Take Place in Court Room, Date Set

Written by Chris Davenport
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Regardless of the pandemic, Judge Rogers wants the Apple versus Epic Games trial regarding Fortnite and IAPs to be conducted in-person: here's why.

The jockeying between Apple and Epic Games continues as both ready for a trial, recently bringing Valve into the legal battle against its will. Meanwhile, the presiding judge over the case has consistently shown that she's taking this case seriously. Rightly so, as this case has the ability to dramatically shake up digital distribution, which affects every gamer, developer, and publisher with a hand in the industry.

Initial concerns of the US court system being unable to comprehend what is at stake when the case began were quickly dismissed by many. Judge Yvonne Gonzalez Rogers rebuked Epic Games for "glossing over" the industry standard cut of 30% from both brick and mortar shops and digital storefronts. She similarly threw out some accusations from Apple, which was claiming theft by Epic Games and seeking monetary damages, stating that "this is a high-stakes breach of contract case...you actually have to have facts." As the industry waits with bated breath, the presiding judge once again moves to ensure a fair trial in the landmark case.

RELATED: Epic Games' Lawsuit Against Apple, Google Explained

Judge Yvonne Gonzalez Rogers has decreed that the trial date for Epic Games and Apple will be May 3, 2021, with parties being summoned in-person. The judge stated that having witnesses perform in-person is "...different than sitting in the comfort of your house...and cross-examination is different." She further notes that this is a cornerstone trial for the industry as a whole, and as such wants to ensure that all parties are focused to the best of the courtroom's ability. Judge Yvonne Gonzalez Rogers stated, "When someone walks into the United States courthouse through the courthouse doors and they sit on the stand and raise their right hand, it gives them pause."

The sitting judge is eager to ensure that the trial explores the case to its fullest ability, a stance that seems to reflects her understanding of the effect that the eventual ruling could have on the current explosive growth of the gaming industry. The idea of having everyone in-person for the trial is ideal, in the eyes of the judge, yet it clearly comes with reservations regarding the global pandemic.

The problems with physically populating a courtroom during the pandemic are, at this point, self-explanatory. The possibility of spreading COVID-19 could outweigh the benefits of having a traditional trial, and untimely deaths stemming from Rogers' decree could eclipse the ultimate ruling that this case could bring. Rogers has noted that health precautions will be taken within the courtroom, although the format has not yet been decided.

This gives both Apple and Epic Games two more months to shore up their cases in a trial that could drastically change how storefronts operate. This trial could negatively affect every major console manufacturer, relying on receiving a cut of the titles it sells on their storefront to maintain development and functionality. Both plaintiff and defendant have had their own struggles with the judge at this point, showing she isn't keen on being swayed by either party.

On May 5, a trial that could irreversibly alter the game industry will begin between two juggernauts. Both parties have been drawing out their battle plans while the presiding judge has shown, thus far, a great understanding of the precedent at stake. Here's hoping there is still space in the courtroom for the voice of the consumer.

MORE: Epic Games Settles Lawsuit With Teenage Fortnite Player

Source: IGN

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