author: Bart Swiatek
Epic vs. Apple May be Judged by Jury [Updated]
The lawsuit brought by Epic Games against Apple may not be resolved by a judge but a jury. Normally jurors do not participate in similar trials, but according to Judge Yvonne Gonzales Rogers, the opinion of ordinary people may be very important in this case.
Update:
Epic Games and Apple have reached an agreement and decided that the trial should be decided by the court, not by a jury.
"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." we read.
Original message:
IN A NUTSHELL:
- The Epic Games vs. Apple case may be judged by a jury;
- Normally, trials of this type are dealt with by a judge, but according to Judge Yvonne Gonzales Rogers, the opinion of ordinary people may be important in this case;
- Epic Games' lawyers reportedly don't want a jury, even though the first hearings in court didn't seem to go their way.
The lawsuit that Epic Games brought against Apple after the removal of Fortnite from App Store may find its finale before a jury. Normally, in similar situations, the decision is made directly by the judge, but Yvonne Gonzales Rogers, who is leading the case, believes that the opinion of ordinary people may be of great importance here (via Apple Insider).
"They are important cases on the frontier of anti-trust law. It is important enough to understand what real people think. Do these security issues concern people, or not?," Judge Yvonne Gonzales Rogers said.
Both parties have until Tuesday to decide whether a jury is required in this case. According to the editors of Apple Insider, Epic Games' lawyers are leaning towards a normal trial. The first hearings suggest that this will not be an easy case for Tim Sweeney's company - the judge reportedly pointed out that the situation was provoked by Epic Games (the company broke App Store rules) and disagreed with the lawyers' claims that Apple is a monopolist.
The court battle - in one form or another - will probably take place next July. Lawyers have until January 6 to send all the necessary data to the court.
