Epic Games witnesses criticize App Store anti-steering provisions

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in General Discussion edited May 2021
Two expert witnesses in the Epic Games v. Apple trial on Tuesday argued that Apple's App Store anti-steering provisions make it difficult for iPhone owners to know they can use some apps on other devices.

Credit: Epic Games
Credit: Epic Games


Economist David Evans, who is laying out a case for why Apple has an unfair monopoly on iOS app distribution, specifically pointed toward measures that prevent developers from advertising outside platforms and websites on the App Store.

Evans gave the example of V-Bucks, the in-game currency of "Fortnite," saying it's "theoretically possible" for "Fortnite" players to buy V-Bucks via web browser instead of in the iOS app. However, Apple blocks developers from advertising off-platform mechanisms.

"The problem here is a combination of both requiring Epic to use [in-app purchases] in the iOS Fortnite app in combination with also putting a whole set of barriers that ... makes it much more difficult for Epic to communicate to the iOS app user," Evans said.

Judge Yvonne Gonzalez Rogers then asked if the removal of those anti-steering provisions could mitigate the problem.

In response, Evans said that this solution would work "for the time being," since it would diminish but not eliminate Apple's alleged market power. He added that the solution wouldn't be possible for apps that don't have a website or web version, or for consumers without easy access to a computer.

Apple's lawyer suggested that Epic Games could buy ads letting players know they can purchase V-Bucks outside of the App Store. The implication is that platform owners shouldn't be required "as a matter of competitive activity to advertise the actions that are available to the consumer."

Epic's other witness on Tuesday, Stanford Economics professor Susan Athey, also mentioned the anti-steering provisions during her testimony.

Consumers, Athey said, "can't tell from looking at their app on their iPhone where they may be able to find that app" on other devices or platforms. At another point, she also pointed out that subscriptions made through Apple's platform are stuck in the Apple ecosystem. One solution, Athey said, is "middleware," or systems like alternative payment platforms on iOS or cross-platform app stores.

Apple's lawyers countered these arguments. In Athey's case, they pointed out that she hadn't actually analyzed how much money users would spend on repurchasing apps or subscriptions. Athey agreed. Apple also took issue with Athey's ties to Microsoft, as well as they fact that she didn't have access to critical App Store-related business documents prior to offering testimony against the storefront.

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Comments

  • Reply 1 of 34
    EsquireCatsesquirecats Posts: 1,268member
    Said of the company that launched this legal endeavour with a PR and marketing blitz. 
    foregoneconclusionpscooter63watto_cobra
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  • Reply 2 of 34
    Anti-steering is standard throughout the e-commerce industry. Amazon, EBay, and Etsy don't allow sellers to communicate alternate places of purchase on their sites and neither do gaming stores like Steam on PC or the Playstation Store on Sony consoles. You basically have to pretend that the average iPhone customer is unaware of what the internet is or that they can access it on their phones in order to think companies don't have alternate ways of communicating different places of purchase.
    StrangeDaysBeatsgeorgie01FileMakerFellerspock1234Fidonet127williamlondonpscooter63jahbladebadmonk
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  • Reply 3 of 34
    Is it just me or All of Epics witnesses sound like they are anti capitalism communists? And given Epicnis owned largely by the Chinese communist party through Tencent…. 🤔
    watto_cobra
     1Like 0Dislikes 0Informatives
  • Reply 4 of 34

    who benefits the most if Apple goes down besides Epic?



    CHINA
    Beatswilliamlondonwatto_cobra
     2Likes 0Dislikes 1Informative
  • Reply 5 of 34
    genovellegenovelle Posts: 1,481member
    Said of the company that launched this legal endeavour with a PR and marketing blitz. 
    RIGHT!!! Why not use that money and effort to advertise your options. Why should Apple basically promote competitors on their platform. Is Verizon required to advertise AT&T. Will Epic be advertising Apple Arcade. Heck will they tell them there is a simpler way to signup in the App if they are on their website ready to pay? Um 😟 No.
    Trey_LanceBeatsradarthekatpscooter63jahbladewatto_cobra
     6Likes 0Dislikes 0Informatives
  • Reply 6 of 34
    Yes. No iPhone user would ever think to google the name of the app, or discover the website of an obscure company like Epic Freaking Games. 
    Beatsgeorgie01spock1234pscooter63jony0watto_cobra
     6Likes 0Dislikes 0Informatives
  • Reply 7 of 34
    22july201322july2013 Posts: 3,810member
    Epic is throwing a bunch of "Hail Mary's" at the judge in the hopes that the judge might pick one of them as a "consolation prize" if and when Epic otherwise loses.
    Beatsspock1234jahbladewatto_cobra
     4Likes 0Dislikes 0Informatives
  • Reply 8 of 34
    genovelle said:
    Said of the company that launched this legal endeavour with a PR and marketing blitz. 
    RIGHT!!! Why not use that money and effort to advertise your options. Why should Apple basically promote competitors on their platform. Is Verizon required to advertise AT&T. Will Epic be advertising Apple Arcade. Heck will they tell them there is a simpler way to signup in the App if they are on their website ready to pay? Um 😟 No.
    There is one place you would equally promote your competitor, Communism…
    radarthekatwilliamlondonwatto_cobra
     2Likes 0Dislikes 1Informative
  • Reply 9 of 34
    Yes. No iPhone user would ever think to google the name of the app, or discover the website of an obscure company like Epic Freaking Games. 
    Yes Epic think people are stupid but they are really trying to swindle kids. These people are low life scum
    radarthekatd.j. adequatewatto_cobra
     3Likes 0Dislikes 0Informatives
  • Reply 10 of 34
    Beatsbeats Posts: 3,073member
    ALL companies, Nintendo, Ubisoft, Adobe and even copycats like Sony and Microsoft need to speak up against Epic. This is dangerous for their businesses.

    If an idiotic judge(knock on wood) mandates that companies need to advertise 3rd party alternatives this could cost companies their livelihood.
    radarthekat
     1Like 0Dislikes 0Informatives
  • Reply 11 of 34
    omasouomasou Posts: 650member
    Why is this a problem? I purchase my Netflix, Disney+ and HBO Max subscriptions outside iOS and setup my payments on each platform. Apple get 0% of these subscriptions.

    In fact, I have to configure most of my Netflix account settings on the web site b/c they are not available through the app.

    Just buy the VBuck via Epic's site. Sounds like their lawyers are asking for a solution where a problem doesn't exist. Oh wait, if I'm too stupid to know that I can buy VBuck directly from Epic. OK, got me there.
    edited May 2021
    georgie01spock1234d.j. adequatewatto_cobra
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  • Reply 12 of 34
    ericthehalfbeeericthehalfbee Posts: 4,492member
    Did they actually just claim consumers don’t know how to get an App on another platform?

    So if I’m using Spotify on iOS and I want to get it on Android I can’t just go to Google Play and search for “Spotify”?

    how could someone say this with a straight face?
    Beatsspock1234radarthekatpscooter63d.j. adequatewatto_cobra
     6Likes 0Dislikes 0Informatives
  • Reply 13 of 34
    Beats said:
    ALL companies, Nintendo, Ubisoft, Adobe and even copycats like Sony and Microsoft need to speak up against Epic. This is dangerous for their businesses.

    If an idiotic judge(knock on wood) mandates that companies need to advertise 3rd party alternatives this could cost companies their livelihood.
    Microsoft wants to lose so they can stick their other products into IOS in a free for all. That is their game
    Beatswatto_cobra
     2Likes 0Dislikes 0Informatives
  • Reply 14 of 34
    Beatsbeats Posts: 3,073member
    Beats said:
    ALL companies, Nintendo, Ubisoft, Adobe and even copycats like Sony and Microsoft need to speak up against Epic. This is dangerous for their businesses.

    If an idiotic judge(knock on wood) mandates that companies need to advertise 3rd party alternatives this could cost companies their livelihood.
    Microsoft wants to lose so they can stick their other products into IOS in a free for all. That is their game

    Ahhh... I see. 
     0Likes 0Dislikes 0Informatives
  • Reply 15 of 34
    jungmarkjungmark Posts: 6,927member
    Advertise. Web ads. Google search ads. Tv commercial. Podcast ads. Twitch ads. YouTube ads. they are just too lazy to do it. 
    watto_cobra
     1Like 0Dislikes 0Informatives
  • Reply 16 of 34
    I think Apple shouldn't be able to block developers from telling users within the app what the rules are, but I agree that there are alternative sources of that information and it's a fine line between explaining the rules and encouraging people to bypass them. Overall it seems like Apple has a winning position in this suit.
    Beatsradarthekatpscooter63watto_cobra
     4Likes 0Dislikes 0Informatives
  • Reply 17 of 34
    I think Apple shouldn't be able to block developers from telling users within the app what the rules are, but I agree that there are alternative sources of that information and it's a fine line between explaining the rules and encouraging people to bypass them. Overall it seems like Apple has a winning position in this suit.
    When you shop at Walmart for an oven, do they have a sign telling you the same over is $10 cheaper at Costco? Have people lost their minds and common sense?
    radarthekatd.j. adequatespock1234applguywatto_cobra
     5Likes 0Dislikes 0Informatives
  • Reply 18 of 34
    bestkeptsecretbestkeptsecret Posts: 4,316member

    In response, Evans said that this solution would work "for the time being," since it would diminish but not eliminate Apple's alleged market power. He added that the solution wouldn't be possible for apps that don't have a website or web version, or for consumers without easy access to a computer.


    So consumers can have access to a smartphone, but no easy access to a computer? Isn't the smartphone itself a computer? I wonder which smartphones he is thinking about, that do not have web browsers.

    I am able to go to the Amazon website on my iPhone and purchase an e-book for Kindle, even though I cannot directly buy an e-book on my Amazon app. 
    edited May 2021
    Beatswatto_cobra
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  • Reply 19 of 34
    hammeroftruthhammeroftruth Posts: 1,382member
    So far this is this is playing out like an entitled kid whining that he has to share. The judge isn’t buying Epic’s rant so far. If Epic wants to win, they better come up with something that makes Apple look like they hurt them, when so far it looks like Epic was just inconvenienced. That doesn’t give them the right to break their contract with Apple as a developer. 
    Beats
     1Like 0Dislikes 0Informatives
  • Reply 20 of 34
    davidwdavidw Posts: 2,156member
    omasou said:
    Why is this a problem? I purchase my Netflix, Disney+ and HBO Max subscriptions outside iOS and setup my payments on each platform. Apple get 0% of these subscriptions.

    In fact, I have to configure most of my Netflix account settings on the web site b/c they are not available through the app.

    Just buy the VBuck via Epic's site. Sounds like their lawyers are asking for a solution where a problem doesn't exist. Oh wait, if I'm too stupid to know that I can buy VBuck directly from Epic. OK, got me there.
    There are problems with this, but it's not up to Apple to come up with the solutions for Epic, free of charge.

    One problem is that many in-app purchases when playing games like Fortnight, are impulse buying. A player sees a cool virtual outfit or pick axe handle and must have it before they start the next game. If they are out of V-Bucks, they can just stay on the app and buy more V-Bucks and then buy the cool outfit or pick axe using their iTunes account. And they're back to playing, in no time. But because Apple do not allow a direct link inside the app, they have to log out of their account on the app, open a browser, log in to their account, buy the V-Bucks, pay for the transaction, log out, log back into their account on the app and make the in-app purchase, then that impulse to spend $10 in real money, might go away. 

    The other problem is the convenience of iOS players using iTunes to pay for purchases. Epic can not come close to that unless they are allowed to set up their own payment system, inside their app. Which they are not allowed.

    And finally, Epic can not offer any incentive for Fortnight players to buy V-Bucks using a browser. This is true for all platforms. No way will Microsoft or Sony allow players to buy V-Bucks at a discount, by buying them using a browser, that can be spent in game play, on their platform. Remember, game consoles also have a browser and collect a commission for in-app purchases. Without an incentive to buy V-Bucks using a browser, why would Fortnight players go through the extra steps needed to buy their V-Bucks, instead of with an in-app purchase?   

    Even Tim (what an idiot) Sweeney admitted to the Judge that the main reason why it was important for Epic to have their own payment system inside their app, was to make it as convenient as possible for Fortnight players to make in-app purchases, which leads to more impulse buying. 

    https://finance.yahoo.com/news/judge-presses-epic-ceo-during-221006843.html

    >Gonzalez Rogers asked Sweeney whether the company's desire to be free of Apple's in-app purchase requirements meant that it wanted the "Fortnite" user base, which includes many younger users, to have access to "what I would call, as a parent, an impulse purchase."


    "What you are really asking for is the ability to have impulse purchases," she said to Sweeney through layers of plexiglass separating the witness booth from the bench.


    "Yes," Sweeny replied, "customer convenience is a huge factor in this."<

    edited May 2021
    Beatswatto_cobra
     2Likes 0Dislikes 0Informatives
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