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

iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
iOS 18

iOS 18.4 Expected Next Week - Here Are the Release Notes

Friday March 28, 2025 2:01 pm PDT by
With the second release candidate of iOS 18.4 that Apple seeded out today, the company finally provided us with release notes that give a full rundown on what to expect. There's an Apple Vision Pro app, new Apple Intelligence features for notifications and additional language support, plus an Apple News Food feature for Apple News+ subscribers, and several updates that should improve the...
Magic Mouse Green

What to Expect From the Magic Mouse 3

Saturday March 29, 2025 10:15 am PDT by
Apple is reportedly working on a new Magic Mouse. Below, we recap what to expect. The two key rumors for the Magic Mouse 3 so far include a relocated charging port, along with a more ergonomic design. It was briefly rumored that the Magic Mouse 3 would also feature voice control, but that was misinterpreted information. Relocated Charging Port While the Magic Mouse switched from...
top stories 2025 03 29

Top Stories: WWDC 2025 Announced, iPhone 17 Pro and iOS 19 Rumors, and More

Saturday March 29, 2025 6:00 am PDT by
Apple's big developer event is a little over two months away, and rumors about what we can expect to see in Apple's next major operating system updates are becoming increasingly frequent. A public release of iOS 18.4 is also imminent with a number of updates and improvements, although we won't be getting the major Apple Intelligence Siri upgrades that had reportedly been planned for this...
Foldable iPhone 2023 Feature Homescreen

Six Things to Know About Apple's Upcoming Foldable iPhone

Friday March 28, 2025 3:54 pm PDT by
We've been hearing rumors about a foldable iPhone for almost a decade now, but it looks like we might finally see the device come to fruition in 2026. We're going to be waiting many more months for the foldable iPhone, but so far we're hearing good things. Apple wants to make it creaseless. It's taken Apple multiple years to design a foldable iPhone that it's satisfied with because Apple ...
iOS 19 visionOS UI Elements

Apple Codename Provides Clue About iOS 19's Rumored New Design

Sunday March 30, 2025 6:40 am PDT by
Multiple sources have claimed that iOS 19 will introduce a new design with more translucent buttons, menus, notification banners, and more, and there is now another clue that points towards this glass-like appearance. Bloomberg's Mark Gurman today said the new design project is codenamed "Solarium" internally. A solarium is a room with glass walls that allow in plenty of sunlight, so this...
maxresdefault

Apple Releases iOS 18.4 With Priority Notifications, Ambient Music, New Emoji and More

Monday March 31, 2025 10:03 am PDT by
Apple today released iOS 18.4 and iPadOS 18.4, the fourth major updates to the iOS 18 and iPadOS 18 operating system updates that came out last year. iOS 18.4 and iPadOS 18.4 come two months after Apple released iOS 18.3 and iPadOS 18.3. Subscribe to the MacRumors YouTube channel for more videos. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to...
ipad pro 2024

Gurman: New iPad Pro and MacBook Pro Models With M5 Chips to Launch Later This Year

Sunday March 30, 2025 6:06 am PDT by
Apple's next-generation iPad Pro models with the M5 chip will "launch this year," according to Bloomberg's Mark Gurman. In his Power On newsletter today, Gurman said the new iPad Pro models have progressed to an "advanced testing" stage, and he expects mass production of the devices to begin in the second half of this year. If that timeframe is met, the new iPad Pro models could launch...
Facebook Feature

Facebook's New iPhone App Feature Turns the Clock Back to 2007

Thursday March 27, 2025 1:59 pm PDT by
In the mid-to-late 2000s, Facebook was all about staying connected with friends and family. However, as the social media platform added new features and grew over time, that core experience began to get drowned out. That changes starting now, according to Meta, which today introduced a new feature that will "bring back the joy" of classic Facebook. Specifically, Meta has redesigned the...

Top Rated Comments

WiseAJ Avatar
51 months ago
Can't wait for Apple to epically smack Epic Games.
Score: 6 Votes (Like | Disagree)
MauiPa Avatar
51 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
51 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
51 months ago
Good.

App Store has been more than fair with the cut.
Score: 3 Votes (Like | Disagree)
digitalrampage Avatar
51 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
51 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)