Apple Files Expert Witness Testimony Ahead of Upcoming Trial With Epic

On Monday, May 3 Apple and Epic will meet in court as their bench trial kicks off over the dispute that Epic started last summer by defying the App Store in-app purchase rules.

fortnite apple featured
In preparation for the legal battle, Apple today filed the written testimonies of its witnesses with the court, and if approved, it serves the same function as actual trial testimony, providing insight into the arguments that Apple will make. The expert testimony includes several professors with expertise in law, economics, marketing, computer security, and antitrust.

The witnesses will rebut claims made by Epic's witnesses, and will argue the merits of the ‌App Store‌ rules and policies for consumers. University of Pennsylvania Professor in Operations, Information and Decisions Lorin Hitt, for example, calculated Apple's digital game transaction market share to argue that Apple doesn't have a monopoly and to point out that Apple's fees are the same as other game transaction platforms.

My market share calculations support the conclusion that Apple does not have market or monopoly power in a properly defined market. Apple's share of the digital game transaction market lies between 23.3% and 37.5%. In light of my conservative approach, these market share estimates, especially at the high end, are likely to overstate Apple's true market share and are, in any event, inconsistent with Apple having substantial market power. The entry of new game transaction platforms is also inconsistent with Apple having market power.

University of Michigan Professor of Economics Dean Francine Lafontaine points to Safari as an alternative to in-app purchases that some developers use, though it's worth noting that Apple does not generally allow developers to advertise payment methods outside of the ‌App Store‌, so developers like Epic would need to make customers aware of the option outside of the app.

Even the rare consumer who has access to only an iOS device has a readily available game transaction alternative to the App Store--the Safari browser. For example, any Fortnite player can use Safari (or Chrome) to purchase Fortnite's in-game currency, 'V-Bucks,' a transaction that generates no commission for Apple.

A survey conducted by UCLA Professor of Marketing Dominique Hanssens argues that Apple does not have a monopoly in the gaming market because most iPhone and iPad users regularly use other devices that can access digital gaming content like consoles.

Results of my first survey show that 92 percent of respondents who downloaded apps from the App Store had regularly used at least one other type of device (i.e., devices other than iPhones and iPads) with which they could access digital gaming content, in the last 12 months. Further, 99 percent of respondents in the first survey had regularly used or could have regularly used at least one other type of device (i.e., devices other than iPhones and iPads) with which they could access digital gaming content, in the last 12 months.

On the topic of security, Johns Hopkins University Information Security Institute technical director Aviel Rubin will cover the importance of the ‌App Store‌ review process when it comes to security. Epic will likely argue that the ‌App Store‌ is not as secure as Apple says it is, pointing to scam apps and malware that slip through the review process as it aims to convince the court that third-party app distribution methods are needed.

The introduction of third-party app stores for iOS would decrease iOS security, safety, and trustworthiness, as evidenced by the cases of Google and statistics indicating that third- party app stores host 99.9% of discovered mobile malware... Irrespective of whether they would be able to or intend to achieve the same security goals, the reality is that they could not. Moreover, there is no guarantee that all, or even most, third-party app stores would commit to upholding user security and privacy and intend to achieve such security goals, particularly if those standards come at the expense of efficiency and revenue.

The filings are limited to Apple's expert witnesses and do not include topics that will be covered by Apple executives during the trial. Apple CEO Tim Cook, Apple Fellow Phil Schiller, and Apple software engineering chief Craig Federighi will all testify in person in the Northern California court.

Epic will likely share its own expert witness testimony at some point ahead of when the trial begins. Epic also has an interesting witness list, which will include Epic Games CEO Tim Sweeney and other Epic employees along with iTunes chief Eddy Cue and former iOS software chief Scott Forstall. Both companies will also call executives from other companies like Facebook and Microsoft.

Apple's witness statements are below for those who would like to see them in their entirety to get a better idea of how Apple plans to defend itself against Epic next week.

Popular Stories

Generic iOS 19 Feature Mock Light

iOS 19 Rumored to Be Compatible With These iPhones

Sunday December 22, 2024 8:09 am PST by
iOS 19 will not drop support for any iPhone models, according to French website iPhoneSoft.fr. The report cites a source within Apple. The report said that iOS 19 will be compatible with any iPhone that is capable of running iOS 18, which would mean the following models: iPhone 16 iPhone 16 Plus iPhone 16 Pro iPhone 16 Pro Max iPhone 15 iPhone 15 Plus iPhone 15 Pro ...
m3 macbook air blue

Apple Accidentally Leaked the Next MacBook Air

Sunday December 22, 2024 8:33 am PST by
Apple earlier this month released macOS 15.2, and in doing so it accidentally confirmed new MacBook Air models coming next year. Apple accidentally released macOS 15.2 restore files for unreleased "‌MacBook Air‌ (13-inch, M4, 2025)" and "‌MacBook Air‌ (15-inch, M4, 2025)" models. While it no surprise that the 13-inch and 15-inch MacBook Air models were going to be updated with the M4 ...
iPhone 17 Slim Feature Single Camera 2 Redux

Top 5 Apple Products to Look Forward to in 2025

Friday December 20, 2024 2:22 pm PST by
It's looking like 2025 is going to be an important year for Apple, with the company planning to revamp the iPhone, push further into smart home products, and improve Apple Intelligence. There are tons of new products rumored for 2025, including new iPhones, M4 Macs, a smart home command center, and much more. We've highlighted the top five Apple products that will have the biggest impact in...
AirTag and Lavender iPhone

AirTag 2 Launching Next Year With These New Features

Tuesday December 24, 2024 8:35 am PST by
Apple is expected to release an AirTag 2 next year, and a few new features and changes have already been rumored for the item tracker. Below, we recap what to expect from the AirTag 2: The new AirTag is expected to be equipped with Apple's second-generation Ultra Wideband chip for longer range. The chip debuted last year in the iPhone 15 and the Apple Watch Ultra 2, and Apple said it...
iPhone 16 Apple Store

iPhone Sizes Change Next Year: What to Know

Monday December 23, 2024 7:40 am PST by
This year, Apple tweaked iPhone 16 Pro screen sizes to make them bigger than 2023's iPhone 15 Pro models, and next year we are also expecting a change in the size of the displays in the iPhone 17 lineup. Here's what we know. Standard iPhone 17 Apple could introduce a new display size for the standard iPhone 17 model in 2025. The iPhone 17 could measure in at 6.3 inches, up from 6.1 inches,...
Generic iOS 18 Feature Real Mock

iOS 18.2.1 Update Coming Soon for iPhone

Saturday December 21, 2024 4:45 pm PST by
Apple appears to be internally testing iOS 18.2.1 for the iPhone, based on evidence of the software update in our website's analytic logs this week. The logs have accurately revealed many iOS versions before they were released. iOS 18.2.1 should be a minor update that fixes bugs and/or addresses security vulnerabilities, but it is unclear which specific issues might be resolved. The update...
New Things Your iPhone Can Do in iOS 18

22 New Things Your iPhone Can Do in iOS 18.2

Monday December 23, 2024 6:30 am PST by
Apple released iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. Apple has added a handful of new non-AI related feature controls as...
iphone 16 pro design cameras

iPhone 18 Pro Rumored to Be More Like DSLR Camera With This Upgrade

Monday December 23, 2024 6:24 am PST by
While the iPhone 18 Pro and iPhone 18 Pro Max are still nearly two years away from launching, a new feature has already been rumored for the devices. In a blog post today, Apple supply chain analyst Ming-Chi Kuo reiterated that the main rear camera on both iPhone 18 Pro models will offer variable aperture, which would be a first for the iPhone. The main camera refers to the 48-megapixel...

Top Rated Comments

WiseAJ Avatar
48 months ago
Can't wait for Apple to epically smack Epic Games.
Score: 6 Votes (Like | Disagree)
MauiPa Avatar
48 months ago
Can’t really argue with the point that epics customers could go online a make purchases. Isn’t that what Spotify customers do? Last time I ordered something from Amazon, I didn’t see vendors advertising their own web stores. Although I used to find products on Amazon, then buy them direct from sellers so I didn’t have to pay Amazon tax. Then I got burned Amazon policies are way better. Now I go the Amazon route

same thing. If Amazon can do it, so can other companies
Score: 5 Votes (Like | Disagree)
gnasher729 Avatar
48 months ago
Netflix does just fine without any in-app purchases, and without paying any money to Apple. Well, except $99 a year for the development tools, and they probably have a support contract to pay for support from Apple.
Score: 4 Votes (Like | Disagree)
farewelwilliams Avatar
48 months ago
Good.

App Store has been more than fair with the cut.
Score: 3 Votes (Like | Disagree)
digitalrampage Avatar
48 months ago
Not a monopoly because they only have 23-37% market share?
They have 100% share of their platform.
I’m surprised by how many people here support Apple and deny EPIC.
End of the day, how many small companies and developers have been wiped off the planet because Apple decided unilaterally they no longer fit their needs because of duplication of services or etc. This isn’t clean cut. Gone are the days of buying a title and owning it forever. We are all renting everything. Planned obsolescence is assured with Apple’s current systems.
Score: 2 Votes (Like | Disagree)
Realityck Avatar
48 months ago
Good move, have multiple experts written testimonies available to use to question the basis of this trial. :cool:
Score: 2 Votes (Like | Disagree)