In Appeal, Apple Argues Epic 'Failed To Prove' Facts of Fortnite Lawsuit

Apple argued in court papers this week that appeals filings by Epic Games don't point to legal errors by a US District Court judge who ruled last year that the iPhone maker hadn't violated antitrust laws with its App Store. Instead, Apple cited the many times the judge said Epic had "failed to demonstrate," "failed to show" and "failed to prove" the facts of its case. From a report: "On the facts and the law, the court correctly decided every issue presented in Epic's appeal," Apple lawyers wrote in the company's filing. They repeated earlier arguments that Epic is attempting to fundamentally change the App Store. "While these appeals are both important and complex, resolving the issues should not be difficult: Applying settled precedent to the adjudicated facts requires ruling for Apple across the board." Apple's 135-page filing is the latest in the legal battle it's been fighting with Epic since August 2020. On the surface, the two companies are battling over who gets how much when consumers spend money on the App Store. Apple is fighting to maintain control of its App Store, which has become such a key feature of its iPhones that the company's ads saying "there's an app for that" are referenced in crossword puzzles and on the trivia TV show Jeopardy. Over the past couple of years, though, Apple's runaway success with its App Store has been challenged. Epic, which makes the hit online battle game Fortnite, argued that Apple should loosen its control. In emails, court filings and public statements, Epic has said Apple should allow alternative app stores onto the iPhone and iPad, something it currently doesn't allow. Epic also says Apple should free developers to use alternative payment processors in their apps, rather than Apple's current rule requiring they use only its App Store, through which Apple takes a cut of in-app purchases on its devices.

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