Apple having trouble finding ex-iOS head Scott Forstall for Epic testimony

Posted:
in General Discussion edited February 2021
Scott Forstall, the former SVP of iOS at Apple, is one of the executives that may face scrutiny in Epic Games' App Store lawsuit, but Apple says that it is having trouble contacting him.

Former Apple SVP of iOS Scott Forstall during a streamed remote interview in May 2020.
Former Apple SVP of iOS Scott Forstall during a streamed remote interview in May 2020.


As part of its US-based legal action against Apple, Epic Games has demanded numerous Apple executives provide testimony. While figures such as CEO Tim Cook are readily available, a US District Court filing for the Northern District of California on Monday suggests that's not the case for everyone.

In the filing updating the court on document production and securing testimony from parties of interest spotted by iMore, Epic advised Apple said it was having trouble getting hold of Scott Forstall.

According to Epic, Apple "offered" Forstall for a deposition on December 15, later confirming on December 29 that Apple represented the executive and would provide dates for a deposition. Epic didn't attempt to contact Forstall for a deposition, and the company claims that Apple changed its tune to claim it "never indicated that compulsion would be necessary."

By February 5, ten days before the end of discovery for the lawsuit, Apple supposed told Epic Forstall had not responded to its inquiries for a deposition set for February 11.

When Epic asked for Forstall's contact information, Apple was said to have provided a PO box and a Twitter handle. Apple also apparently said it was not authorized to share Forstall's phone number, but later said it "did not believe that it was in possession" of that detail, according to Epic.

Epic then requested for Forstall's deposition to take place after February 15, which Apple seemingly agreed to with an arbitrary deadline of March 10.

In response to the accusations from Epic, Apple did not object to a deposition of Forstall in advance of March 10. Furthermore, Apple claims it indicated it expected its counsel to represent Forstall at his deposition, and that it "never suggested" to compel Forstall to attend.

"The parties are working collaboratively to resolve this issue and hope to avoid judicial intervention," writes Apple, but adds "Epic cannot hold discovery open indefinitely while it seeks to locate, serve, and depose another witness."

Currently, the trial is expected to take place in May 2021.

The last time Forstall appeared in public in a major way was in May 2020, when he was interview remotely via a live video stream. Forstall's Twitter account was last updated on October 29, though that account's updates are best described as minimal and sporadic.

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Comments

  • Reply 1 of 46
    entropysentropys Posts: 4,126member
    Nice computer company you got there. Pity you shafted me.
    jeffreytgilbertelijahgjony0
  • Reply 2 of 46
    Scott,  hold up three fingers and tell Apple to read between the lines.
    jeffreytgilbertelijahgjony0
  • Reply 3 of 46
    entropysentropys Posts: 4,126member

    Scott at his present hideout in an undisclosed location

    mike1auxiojeffreytgilbertelijahgjony0coolfactorJapheybikerdudewatto_cobrabyronl
  • Reply 4 of 46
    fred1fred1 Posts: 1,104member
     Apple was said to have provided a PO box and a Twitter handle.” 

    I love it!  It is Apple’s fault if Epic hasn't tried to friend Forstall on Facebook?
    FileMakerFellerwatto_cobra
  • Reply 5 of 46
    blastdoorblastdoor Posts: 3,210member
    I wonder if mini-Steve imagined that Cook would be another Sculley, that Apple would tank, and that he (mini-Steve) would be brought back to save the company, just like big Steve did.

    if so, it doesn’t seem to be working out 


    welshdogjony0
  • Reply 6 of 46
    blastdoor said:
    I wonder if mini-Steve imagined that Cook would be another Sculley, that Apple would tank, and that he (mini-Steve) would be brought back to save the company, just like big Steve did.

    if so, it doesn’t seem to be working out 


    No, he took the high road and hasn’t publicly bad mouthed Apple after making him the scapegoat of Apple Maps being a total
    piece of shit and being fired for not apologizing. 

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 
    elijahgwatto_cobra
  • Reply 7 of 46
    avon b7avon b7 Posts: 7,490member
    entropys said:

    Scott at his present hideout in an undisclosed location

    Ha! Maybe he's trying the:

    John McAfee Experience 


    Catch me if you can! (although it was game over for McAfee last year) 
     
    dysamoria
  • Reply 8 of 46
    prokip said:
    Scott,  hold up three fingers and tell Apple to read between the lines.
    Although it sounds like Apple doesn’t particularly care if he is deposed or not. Epic is the one who wants to talk to him, and Apple is stuck in the middle. 
    watto_cobra
  • Reply 9 of 46
    blastdoorblastdoor Posts: 3,210member
    blastdoor said:
    I wonder if mini-Steve imagined that Cook would be another Sculley, that Apple would tank, and that he (mini-Steve) would be brought back to save the company, just like big Steve did.

    if so, it doesn’t seem to be working out 


    No, he took the high road and hasn’t publicly bad mouthed Apple after making him the scapegoat of Apple Maps being a total
    piece of shit and being fired for not apologizing. 

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 
    I see nothing in your post that is inconsistent with my musings. 

    Remaining silent is not inconsistent with biding his time and waiting to be called back as savior. 

    Of course, I am only speculating -- I don't actually know anything. But that's true of a large share of the stories posted on rumor sites, so I don't feel too guilty. 
    watto_cobra
  • Reply 10 of 46
    blastdoor said:
    I wonder if mini-Steve imagined that Cook would be another Sculley, that Apple would tank, and that he (mini-Steve) would be brought back to save the company, just like big Steve did.

    if so, it doesn’t seem to be working out 


    No, he took the high road and hasn’t publicly bad mouthed Apple after making him the scapegoat of Apple Maps being a total
    piece of shit and being fired for not apologizing. 

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 
    Who knows?  Do you?  Maybe they were released?  How is that related?
    jony0fastasleep
  • Reply 11 of 46
    welshdogwelshdog Posts: 1,894member

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 

    What's wrong with throttling a CPU to save battery and avoid an uncontrolled and potentially data damaging shutdown?
    jeffreytgilbertlolliverjony0flydogDogpersonwatto_cobra
  • Reply 12 of 46
    dysamoriadysamoria Posts: 3,430member
    welshdog said:

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 

    What's wrong with throttling a CPU to save battery and avoid an uncontrolled and potentially data damaging shutdown?
    Not explaining to the user that you’re doing it, and why, and letting them have reduced functionality without explanation. But this doesn’t even answer why my phone’s typing lag has become almost intolerable, since I disabled that throttling function (they don’t give you an option to turn it back on BTW) and the OS hasn’t been changed since the last iOS 12.x release and its performance continues to get worse. Either the typing services on Apple’s servers is getting really bogged down, or the CPU throttling is still happening regardless of tapping on the hyperlink to disable it, or there’s something else going on.

    It’s also bad because people buy new phones when their current one seems slow, and they don’t know why that would be the case. End users aren’t tech people and don’t know what questions to ask. They have one option: try a new phone. That benefits Apple.

    But you should already know all of this.
    elijahgmuthuk_vanalingam
  • Reply 13 of 46
    entropysentropys Posts: 4,126member
    Old phone weared out. News at 11.

    also Apple held to on impossible standard compared with any other phone company.
    edited February 2021 Dogpersonwatto_cobra
  • Reply 14 of 46
    The phone throttling issue was a PR failure, period.  Apple was trying to do the right thing and give users a few more years of functionality with a dying phone, but failed to advise its customers what/why it was doing that.  It was a lot of brouhaha about nothing.
    welshdogjeffreytgilbertelijahglolliverrandominternetpersonflydogDogpersonfastasleepblastdoorwatto_cobra
  • Reply 15 of 46
    welshdogwelshdog Posts: 1,894member
    dysamoria said:
    welshdog said:

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 

    What's wrong with throttling a CPU to save battery and avoid an uncontrolled and potentially data damaging shutdown?
    Not explaining to the user that you’re doing it, and why, and letting them have reduced functionality without explanation. But this doesn’t even answer why my phone’s typing lag has become almost intolerable, since I disabled that throttling function (they don’t give you an option to turn it back on BTW) and the OS hasn’t been changed since the last iOS 12.x release and its performance continues to get worse. Either the typing services on Apple’s servers is getting really bogged down, or the CPU throttling is still happening regardless of tapping on the hyperlink to disable it, or there’s something else going on.

    It’s also bad because people buy new phones when their current one seems slow, and they don’t know why that would be the case. End users aren’t tech people and don’t know what questions to ask. They have one option: try a new phone. That benefits Apple.

    But you should already know all of this.

    None of that is a good reason not to do it.
    jony0fastasleepwatto_cobra
  • Reply 16 of 46
    Just a few too many typos in this article for it to be a good read
    watto_cobra
  • Reply 17 of 46
    elijahgelijahg Posts: 2,753member
    blastdoor said:
    I wonder if mini-Steve imagined that Cook would be another Sculley, that Apple would tank, and that he (mini-Steve) would be brought back to save the company, just like big Steve did.

    if so, it doesn’t seem to be working out 


    No, he took the high road and hasn’t publicly bad mouthed Apple after making him the scapegoat of Apple Maps being a total
    piece of shit and being fired for not apologizing. 

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 
    I suspect Cook wanted rid of him too because he was a potential threat to Cook's position. Blaming him for Maps was just a convenient way to get rid of him. Apple needs someone sharp and enthused like Forstall, who will question things, push boundaries and  push employees to be their best. Not mushy Cook who is quite happy with minor iteration and employing people for diversity targets rather than employing the best - as long as it brings in more $$$$ anyway.
    edited February 2021 entropyshammeroftruth
  • Reply 18 of 46
    elijahgelijahg Posts: 2,753member

    welshdog said:
    dysamoria said:
    welshdog said:

    In contrast, what happened to whoever decided to throttle the processor on iPhones when your battery was failing? I didn’t see an apology from them. 

    What's wrong with throttling a CPU to save battery and avoid an uncontrolled and potentially data damaging shutdown?
    Not explaining to the user that you’re doing it, and why, and letting them have reduced functionality without explanation. But this doesn’t even answer why my phone’s typing lag has become almost intolerable, since I disabled that throttling function (they don’t give you an option to turn it back on BTW) and the OS hasn’t been changed since the last iOS 12.x release and its performance continues to get worse. Either the typing services on Apple’s servers is getting really bogged down, or the CPU throttling is still happening regardless of tapping on the hyperlink to disable it, or there’s something else going on.

    It’s also bad because people buy new phones when their current one seems slow, and they don’t know why that would be the case. End users aren’t tech people and don’t know what questions to ask. They have one option: try a new phone. That benefits Apple.

    But you should already know all of this.

    None of that is a good reason not to do it.
    Not telling customers that they're purposefully slowing the phone down is a reason to not to do it, according to many courts. No one would have minded if they were told and had the option to disable it. But even if Apple's intention wasn't to sell more phones through the throttling (not convinced either way, personally), it sure as hell looks like it was to the general public (and courts).
    edited February 2021 muthuk_vanalingam
  • Reply 19 of 46
    Based on this article, we cannot determine:

    • If Scott is hiding or not.
    • If Scott is hiding in order to help Apple or hurt Apple.
    • If Apple wants Scott to remain in hiding.

    It could be Scott wants a Forced Stall of the trial.

    coolfactorwatto_cobra
  • Reply 20 of 46
    Good for Scott for flying under the radar. And I hope he doesn’t help Apple one bit if he is forced out of hiding. What they did to him was just wrong. I think Jobs would’ve fired whoever fired Scott. Cause he really liked him. I do have a lot of respect for him though for staying quiet after they shafted him instead of making a scene. I wonder if he immediately became an Android user LOL I know Woz likes the Android OS. But that should be obvious, he’s a “gadgets guy.” Like any gamer, he likes to tinker with things, not be locked down to one ecosystem. 
    entropysemig647
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