Apple's attempts to exclude Xbox exec's testimony a 'distraction,' Microsoft says
Microsoft shot back at Apple's attempts to exclude Xbox executive Lori Wright's testimony in the Epic Games v. Apple trial, claiming that Apple is using the accusations as a distraction.
Credit: Microsoft
Apple has filed multiple motions asking the court to make an adverse credibility claim against Microsoft executive Lori Wright, the latest being lodged on Wednesday night. If granted, it could mean that Wright's testimony will be ignored.
In the Wednesday filing, Apple wrote that "a reasonable observer might wonder whether Epic is serving as a stalking horse for Microsoft," adding that, "Microsoft shielded itself from meaningful discovery in this litigation by not appearing as a party or sending a corporate representative to testify."
In a statement to Bloomberg on Thursday, Microsoft shot down Apple's allegations and said that the Cupertino company was using it as a distraction.
"Apple is trying to distract from legitimate concerns from many companies across the industry about its App Store policies and practices, including its refusal to allow game streaming in the Apple App Store. Epic speaks and acts for itself, and Microsoft and many other companies have raised concerns through our own voices, including directly with Apple itself," Microsoft said.
Microsoft added that Wright took the stand involuntarily, and was both forthright and thoughtful in her testimony. "That Apple does not like Ms. Wright's testimony is clear. That Apple has no basis to challenge the substance of her testimony is equally clear," Microsoft added.
Apple previously asked the court to make an "adverse credibility finding regarding the testimony of Lori Wright" on May 6.
Apple is leaning on a ruling from April 13, when the court warned expert witnesses that if they failed to make a "sufficient production of relevant documents to both parties," the court will "weigh such a failure against the credibility of the testifying witness." Such a failure could "warrant the striking of testimony," something that could benefit Apple's case.
Wright's testimony included a tidbit that Apple's feud with Microsoft over the xCloud service resulted in gaming platform Shadow being pulled from the App Store.
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Credit: Microsoft
Apple has filed multiple motions asking the court to make an adverse credibility claim against Microsoft executive Lori Wright, the latest being lodged on Wednesday night. If granted, it could mean that Wright's testimony will be ignored.
In the Wednesday filing, Apple wrote that "a reasonable observer might wonder whether Epic is serving as a stalking horse for Microsoft," adding that, "Microsoft shielded itself from meaningful discovery in this litigation by not appearing as a party or sending a corporate representative to testify."
In a statement to Bloomberg on Thursday, Microsoft shot down Apple's allegations and said that the Cupertino company was using it as a distraction.
"Apple is trying to distract from legitimate concerns from many companies across the industry about its App Store policies and practices, including its refusal to allow game streaming in the Apple App Store. Epic speaks and acts for itself, and Microsoft and many other companies have raised concerns through our own voices, including directly with Apple itself," Microsoft said.
Microsoft added that Wright took the stand involuntarily, and was both forthright and thoughtful in her testimony. "That Apple does not like Ms. Wright's testimony is clear. That Apple has no basis to challenge the substance of her testimony is equally clear," Microsoft added.
Apple previously asked the court to make an "adverse credibility finding regarding the testimony of Lori Wright" on May 6.
Apple is leaning on a ruling from April 13, when the court warned expert witnesses that if they failed to make a "sufficient production of relevant documents to both parties," the court will "weigh such a failure against the credibility of the testifying witness." Such a failure could "warrant the striking of testimony," something that could benefit Apple's case.
Wright's testimony included a tidbit that Apple's feud with Microsoft over the xCloud service resulted in gaming platform Shadow being pulled from the App Store.
Stay on top of all Apple news right from your HomePod. Say, "Hey, Siri, play AppleInsider," and you'll get latest AppleInsider Podcast. Or ask your HomePod mini for "AppleInsider Daily" instead and you'll hear a fast update direct from our news team. And, if you're interested in Apple-centric home automation, say "Hey, Siri, play HomeKit Insider," and you'll be listening to our newest specialized podcast in moments.
Comments
What a shi* company after all the respect Apple is giving them on iPhone/iPad. Time for Apple to take office Apps seriously and kill Microsoft.
Microsoft teaming up against Apple playing dirty.
In fact, if you took Google, Microsoft and some of the other top ranked and used apps off of the Apple store, Apple would tank fast. No matter what YOU think, the world runs off of them and needs them and nothing Apple has can replace that as of now.
https://www.patentlyapple.com/patently-apple/2021/05/if-tim-cooks-testimony-fails-to-persuade-the-judge-that-the-app-store-isnt-a-monopoly-then-all-of-silicon-valleys-gatekee.html
We want to see justice done, but like the making of sausages we feel better about it all if we only see the end result and not the process.
MS did mess up with the mobile phone market though, but as I pointed out it's hardly had an impact on them.
Microsoft get a license cut of every boxed copy sold too. Mainstream console development is not an open eco system.
I take the middle approach here. Microsoft did lose the phone and music player wars, and badly. It has a weird relationship with Apple, and has ever since Jobs came back and got them to develop Office and Explorer for Mac. This is highly subjective, but I do get the feeling that some important people within Microsoft are always looking to beat Apple at something; to knock them down a peg.
We also agree about "killing Microsoft." That won't happen. Even if Apple did "take Office seriously" and develop real cross-platform alternatives, it would take years and billions of dollars to get competitive enough to have a chance. And even if that happened, it wouldn't "kill" Office or Microsoft as a result. Office 365 has 50 million subscribers alone. Microsoft, as you note, is a large company that is everywhere. Windows revenue alone is nearly $25 billion a year now (22 in 2019, about 10% growth a year).
That being said, I don't agree about Apple "tanking" if Google and MS took their apps off the store (you noted "and some other top ranked and used apps," but I don't know what that means). Apple does have the ability to offer alternatives on its own platforms, and does so now. The revenue hit would be somewhat significant, but not all that consequential compared to Apple's quarterly profits (I believe total iOS revenue is somewhere over $20 billion annually).
Respectfully, you're conflating two issues. The Surface may be more capable in your opinion. Perhaps it's a better option for you. I've used both, and it definitely is not as "good" as an iPad in my view. And reviewers may agree that the M1 iPad is limited by iOS (though I'd like to see what you're basing "the majority" claim on). Regardless, that has nothing to do with the market and Microsoft's behavior.
Microsoft as a company definitely remembers getting destroyed in three markets: Music, Phones and Tablets. Each time, they tried to release an "Apple-killer" device in an established market. They took "the L" with music and phones, big time. With tablets, they've been more successful, but they still can't compete with the iPad. Even now, their ads don't know whether to target the iPad or the MacBook Air. They try to do both, but it just doesn't work. I have my own theories as to why, but I'll save that for later. The point is that Microsoft and Apple have an odd relationship. They are always competing in OS/platform space, even though MS has the dominant position. Microsoft keeps attempting to compete directly on hardware, but it keeps getting wrecked. Of course they remember, and I'm sure some senior people are pretty "butthurt" about it. They would have to be, because they are doing better with the Surface, and if they are not idiots, they should learn from their mistakes with music and phones. Then again, judging by their ads, today doesn't appear to be that day. Tomorrow doesn't look good either.