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News Event 9To5Mac: Tim Cook must face 7 hour deposition in Apple vs Epic Games legal battle, judge says

MegaZoneEX

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As Apple’s legal battle with Epic Games continues, a judge in the case has made a pair of decisions unfriendly to Apple. First off, Apple CEO Tim Cook has been ordered to sit for a 7-hour deposition in the case. The judge has also rejected Apple’s attempt to subpoena Samsung as part of the case.

As reported by Gizmodo, the court documents reveal that Epic Games had originally wanted to depose Cook for eight hours. Apple then cited the apex doctrine, which can prevent high-level executives from being deposed at all, before conceding to four hours.

The judge in the case, however, has decided that Cook can be deposed by Epic Games for seven hours:

According to Judge Thomas S. Hixon, however, “this dispute is less than meets the eye.” Hixon writes that the apex doctrine “limits the length of a deposition, rather than barring it altogether,” and that given the circumstances, the dispute is a question of whether Cook should be deposed for “four hours, eight hours, or some length of time in between.” Hence, Hixon’s ruling that Cook should be deposed for seven hours.

As for where Hixon got seven hours from, the judge writes it’s the default rule for “how long a witness must suffer being deposed.” Hixon also argues that the apex doctrine focuses on whether a witness has a “unique, non-repetitive knowledge of the facts of the case.” When it comes to Apple’s app store policies—which are at the center of this seemingly never-ending case against Epic—Hixon writes “there is really no one like Apple’s CEO who can testify about how Apple views competition in these various markets that are core to its business model.”

Secondly, Judge Hixon has denied Apple’s request to subpoena internal documents from Samsung. Apple had pushed to subpoena Samsung’s internal communications to help prove that App Store policies are similar to other companies’ policies, but Hixon referred to this as “a quirky deep dive” into Samsung and Epic’s relationship.

For more context, the relationship between Epic and Samsung has blossomed amid Epic’s disputes with Apple and Google. Epic has often touted that while you can no longer get Fortnite from the App Store or Play Store, it remains available on the Galaxy Store.

As a refresher, Apple removed Fortnite from the App Store because Epic Games implemented its own payment process system for in-app purchases that evaded Apple’s In-App Purchase system. The two companies are currently engaged in a legal battle, with a trial set for later this year in the United States

 
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ethomaz

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What 7 hours deposition even means?
 

FStubbs

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I think Sony and Nintendo would seriously consider exiting gaming if they're forced to allow third party storefronts. Microsoft MIGHT allow it, but even they might decide to call it quits.
 
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martino

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I think Sony and Nintendo would seriously consider exiting gaming if they're forced to allow third party storefronts. Microsoft MIGHT allow it, but even they might decide to call it quits.
And even if that happen...brand and company appearing / disappearing is non issue for the media. Look at history of it it if you have any doubt
 

ethomaz

is mad because DF didn't do a video on a video of a video of a video on PS5
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It means he gets to sit in a room with a bunch of lawyers asking him questions for 7 hours instead of spending the day getting his balls waxed.

It means he will be getting flame grilled by sneaky lawyers trying to get him to incriminate himself for seven hours under oath.

He will sit answering question from people clueless about the basics of digital economy and ecosystems.

Drink each time you hear: ‘It’s available on Android , why can’t you do the same with iOS?’
Thanks.
 

A.Romero

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Epic won't win. It doesn't make sense.

I don't own a single Apple product but I believe they are right in this case. They created, support and protect the ecosystem, why wouldn't they be allow to profit from it on their own terms?

If anyone would go to any court and say that they have a right to open a store within a store, they wouldn't even hear the claim. The only reason this is happening is because they don't understand what an app storefront is and what it represents for device manufacturers.
 

RoboFu

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Ughh so yeah i think epic is completely in the wrong and i love apple products but I also know developing for the apple app store. is a pain int he ass... Its constantly changing set of BS rules that do not apply evenly across developers. If youy have the money for lawyers you can get away with more basically.
I have seen a bunch of times where one dev will make a the exact same app for two different customers and one will get rejected and the other not. The biggest rejection reason is " this is a website not an app" which they totall;y have a good point but they should still be consistant.


Me I try to stear people away f rom making native apps all together. all a native app is good for now days is just for marketing.... "we got an app!" .... you can do the same things using html these days and javascript frameworks . the only draw back is that the user has to set a a short cut on your phone if they want hat quick access.
 

A.Romero

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Ughh so yeah i think epic is completely in the wrong and i love apple products but I also know developing for the apple app store. is a pain int he ass... Its constantly changing set of BS rules that do not apply evenly across developers. If youy have the money for lawyers you can get away with more basically.
I have seen a bunch of times where one dev will make a the exact same app for two different customers and one will get rejected and the other not. The biggest rejection reason is " this is a website not an app" which they totall;y have a good point but they should still be consistant.


Me I try to stear people away f rom making native apps all together. all a native app is good for now days is just for marketing.... "we got an app!" .... you can do the same things using html these days and javascript frameworks . the only draw back is that the user has to set a a short cut on your phone if they want hat quick access.

I believe there are specific advantages for using apps in some scenarios but most of the time you are right, modern responsive design is more than enough.
 

FStubbs

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Aug 29, 2010
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Epic won't win. It doesn't make sense.

I don't own a single Apple product but I believe they are right in this case. They created, support and protect the ecosystem, why wouldn't they be allow to profit from it on their own terms?

If anyone would go to any court and say that they have a right to open a store within a store, they wouldn't even hear the claim. The only reason this is happening is because they don't understand what an app storefront is and what it represents for device manufacturers.
Lots of things don't make sense. They're hoping to rely on boomer judges who don't get how online works. If Tencent wants their own rules, build their own phone.
 
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A.Romero

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Lots of things don't make sense. They're hoping to rely on boomer judges who don't get how online works. If Tencent wants their own rules, build their own phone.
Exactly this. Hell, they can even try to make a deal with Huawei for example. Problem is that they now people don't like their games enough to buy a device.

They depended on Google and Apple to get where they are. Ungrateful bastards.
 
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