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Judge delivers split decision on Epic vs Apple - more positive than negative for Epic

Delicieuxz

Judge Issues Split Decision in Epic v. Apple

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A U.S. District Judge has handed legal victories—and corresponding legal defeats—to both Apple and Epic in their App Store feud. Put simply, Apple is temporarily free to ban Fortnite from its store, but it cannot kill Epic’s developer account or ban its Unreal Engine.

 

In the words of the judge, neither side got the “slam dunk” they had each respectively hoped for.

 

“Having carefully reviewed the parties’ briefing, and the parties’ oral arguments, the Court grants in part and denies in part Epic’s motion for a temporary restraining order,” U.S. District Judge Yvonne Gonzalez Rogers wrote in the ruling. “Apple … are temporarily restrained from taking adverse action against Epic Games with respect to restricting, suspending[,] or terminating any affiliate of Epic Games … from Apple’s Developer Program, including as to Unreal Engine. This temporary restraining order is effective immediately and will remain in force until the Court issues an order on the motion for preliminary injunction.”

...

The judge also confirmed my concern with Epic’s second filing, which is that the company had found itself in an emergency of its own making.

 

In court, a party will push for the entirety of its interests and hope to get as much ruled in their favour as they can. However, that doesn't mean they expected to get everything they asked for, and they often ask for a lot more than they expect and hope to get just some of what they asked for.

 

The split-decision ruling in this case, to me, appears to favour Epic, as there's no major negative consequence for them. People could still download Fortnite for iOS from a source other than the iOS store, if Epic wishes to make it available, and other projects using Unreal Engine are unaffected by this decision. The threat that all apps using Unreal Engine would be removed from the App Store and developers would have to avoid using it if they wanted their app to be available in the App Store was the real danger in Apple's response, IMO. And Epic have avoided that situation.

 

Epic and Apple will face each other in a court hearing on September 28.

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 People can still download Fortnite for iOS from a source other than the Apple store

What?  FN is not able to be installed on iOS right now.

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Sounds like fun times ahead.

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Just now, AnonymousGuy said:

What?

Epic can host a download elsewhere and people can install it without iOS store, as far as I understand

You own the software that you purchase - Understanding software licenses and EULAs

 

"We’ll know our disinformation program is complete when everything the american public believes is false" - William Casey, CIA Director 1981-1987

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Just now, Delicieuxz said:

Epic can host a download elsewhere and people can install it without iOS store, as far as I understand

you can't sideload on iOS so nope.

She/Her

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Just now, Delicieuxz said:

Epic can host a download elsewhere and people can install it without iOS store, as far as I understand

No, there is no sideloading on iOS.

 

There is on Android where you have to check the "Allow Unknown Sources" box in the settings.

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5 minutes ago, Ashley xD said:

you can't sideload on iOS so nope.

 

5 minutes ago, AnonymousGuy said:

No, there is no sideloading on iOS.

 

If that's the case, then I'd wonder why people use iPhones. But what about with one of these methods?

 

https://7labs.io/mobile/iphone/install-apps-without-app-store.html

https://drfone.wondershare.com/iphone-tips/how-to-install-apps-on-iphone-without-itunes.html

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Its harder to install a app without the app store on ios than on android. You need to jailbreak your phone and it can be pretty hard on some ios version/phone (for example my iphone 5 its a 32bits board and since the 5s(?) its 64bits so i can't use modern jailbreak tool and old one are hard to find). I don't see epic asking these players to do this.

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Well,that was expected since a retaliatory reaction to a lawsuit is illegal,and the Fortnite app was removed before Epic filed the lawsuit.

I hope Apple's Monopolistic behavior will be stopped by the anti-trust laws they violate.

But remember that Epic are only doing that because it serves their interests,not paying Apple to have higher profit margins.

So Apple's monopolistic behavior and Epic's breach of contract are both violation of the law at the end of the day.

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8 minutes ago, Ashley xD said:

you can't sideload on iOS so nope.

You can "hack" your device and do that...

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10 minutes ago, Delicieuxz said:

If that's the case, then I'd wonder why people use iPhones

maybe because android is a privacy hellhole and a buggy mess but other than that i don't get it either.

She/Her

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2 minutes ago, Ashley xD said:

maybe because android is a privacy hellhole and a buggy mess but other than that i don't get it either.

https://www.macrumors.com/2020/05/14/zerodium-pauses-acquiring-ios-exploits/

 

 

you mean iOS is a privacy hellhole and a buggy mess such that security firms stopped buying certain exploits because they were too numerous

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10 minutes ago, Delicieuxz said:

 

 

If that's the case, then I'd wonder why people use iPhones. But what about with one of these methods?

 

https://7labs.io/mobile/iphone/install-apps-without-app-store.html

"Do note that the app will stop working after seven days if you have a free developer account, which means that you will have to repeat the sideload process in order to get it to work again."

 

Also wouldn't be surprised if Apple closes this "hole" if they see it's being used in-bulk for people to install an application like FN, trying to circumvent the app store.  It's Apple...they can lock shit down real quick.

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Monopoly? When you look at the shares between android / ios you may have doubts. When you buy iphone you know what to expect. Often those who are not happy with this kind of "practice" are not concerned.

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20 minutes ago, Ashley xD said:

you can't sideload on iOS so nope.

As far as I am aware, you can install the app using the files app, it will give a error about being untrusted and unusable, then you go to General->Device Management->App Developer Name-> Trust Developer, then you can launch the app like normal.

 

Or does the app have to meet some specific criteria for this to work? I had to load a app on my old iPhone this way for a company I work for as it wasn't available in Apples App store.

 

I'm not too familiar with Apples devices and policies.

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6 minutes ago, S w a t s o n said:

you mean iOS is a privacy hellhole

does iOS track location data even if it's disabled?

She/Her

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9 minutes ago, AnonymousGuy said:

"Do note that the app will stop working after seven days if you have a free developer account, which means that you will have to repeat the sideload process in order to get it to work again."

 

Also wouldn't be surprised if Apple closes this "hole" if they see it's being used in-bulk for people to install an application like FN, trying to circumvent the app store.  It's Apple...they can lock shit down real quick.

 I don't find the text "Do note that the app will stop working after seven days" anywhere on that page. Where is that from?

 

Also, I've added another link to my previous post that contains 3rd-party apps that will install apps without the App Store.

You own the software that you purchase - Understanding software licenses and EULAs

 

"We’ll know our disinformation program is complete when everything the american public believes is false" - William Casey, CIA Director 1981-1987

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3 minutes ago, Ashley xD said:

does iOS track location data even if it's disabled?

IOS and Android are currently at parity regarding this. There are ways to do it on both platforms that will probably exist forever though so enjoy that

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So anyway, nothing at all really happened and it’s the same as before. Great work.

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22 minutes ago, S w a t s o n said:

IOS and Android are currently at parity regarding this. There are ways to do it on both platforms that will probably exist forever though so enjoy that

the problem was google logged it on android, even if it was disabled.

She/Her

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Daily reminder that no company cares about you.

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2 minutes ago, Ashley xD said:

the problem was google logged it on android, even if it was disabled.

https://apnews.com/828aefab64d4411bac257a07c1af0ecb/AP-Exclusive:-Google-tracks-your-movements,-like-it-or-not?te=1&nl=dealbook&emc=edit_dk_20180813

 

 

The problem was with google services, including iOS apps like Google Maps.

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Seems like a fair enough decision for both sides.

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Was kinda predictable restoration wouldn't happen under terms/conditions they agreed, also good call on not allowing apple to pursue further to destroy any non relative associative parts of EPIC as well. sounds like a fair judgement. but if apple does decide to take it further to higher they will be able to.

Details separate people.

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26 minutes ago, valdyrgramr said:

I mean you can, but that would require jailbreaking.  NVM, there's another way apparently using the developer environment.

Apple has revoked developer licences before for abusing the system.  It also requires a refresh every 7 days or something.  That is hardly what I would consider side-loading without jailbreaking.  It's effectively like a giant trial that might break at any update

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