Epic Games v. Apple: The case won’t be settled by a Jury

Update 09/30/20:  After the first preliminary injunction hearings, it has been agreed upon by Epic Games and Apple that this lawsuit should be settled by the Court and not a Jury trial.

The latest: No Jury trial

On September 28, the court held a lengthy injunction hearing to determine if it would require Apple to reinstate Fortnite onto the App Store—with Epic’s own payment intact—while the case is decided. While that decision has not been made yet, the Judge supposed during the hearing that a Jury trial may be called for in order to produce a verdict that will better stand up to the inevitable multiple appeals.

Since then, Epic and Apple have decided they don’t want a jury trial:

Epic and Apple have met and conferred, and the parties agree that Epic’s claims and Apple’s counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic’s consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.

So the suit and counterclaims will be settled by a bench trial, whose date has not yet been set. Judge Rogers said on Monday that it’s likely the case would not be tried until at least July 2021. Expect years of appeals, too.

Apple extends ‘Sign in with Apple’ access

On September 9, Epic Games warned its customers that, in two days, they will no longer be able to use Sign in with Apple to access their accounts. A day later, the company said that Apple has provided an “indefinite extension” to that access. The company still recommends that users prepare their accounts for the inability to use Sign in with Apple in the future.

Epic has given instructions to make sure that those who use Sign in with Apple will have access to their accounts should Apple ever revoke access. Head to the company’s General Settings page, log in with your Apple ID, and make sure your email address is updated to a real email address that you control. If you signed up for and Epic Games account using Sign in with Apple and have never set an Epic Games password, make sure you do that as well.

Apple requires developers to that use any single-sign-on (SSO) options, like signing in with your Google, Facebook, or Twitter accounts, to include Sign in with Apple as an option as well.

Original Story

Fortnite may not be burning up the App Store charts like it used to be, but it’s still one of the most popular games of all time, with players in the tens of millions. We don’t know how many of them play on mobile devices, but Epic Games (Fortnite’s creator) is willing to gamble that entire market to defy Apple and Google’s app store rules in an escalation of an ongoing, industry-wide antitrust battle.