by Brandon Butler
Apple Goes on the Offensive vs Epic 8/21/2020

Devin Coldewey for TechCrunch:

Apple’s filing challenges the TRO request on several grounds. First, it contends that there is no real “emergency” or “irreparable harm” because the entire situation was concocted and voluntarily initiated by Epic:

Having decided that it would rather enjoy the benefits of the App Store without paying for them, Epic has breached its contracts with Apple, using its own customers and Apple’s users as leverage.

But the “emergency” is entirely of Epic’s own making…it knew full well what would happen and, in so doing, has knowingly and purposefully created the harm to game players and developers it now asks the Court to step in and remedy.

It doesn’t help Epic’s case that CEO Tim Sweeney emailed Apple, stating:

Epic will no longer adhere to Apple’s payment processing restrictions.

From TechCrunch again:

Lastly Apple notes that there is no benefit to the public interest to providing the TRO — unlike if, for example, Apple’s actions had prevented emergency calls from working or the like, and there was a serious safety concern:

All of that alleged injury for which Epic improperly seeks emergency relief could disappear tomorrow if Epic cured its breach…All of this can happen without any intervention of the Court or expenditure of judicial resources. And Epic would be free to pursue its primary lawsuit.

Epic’s the kid at the dinner table who refuses to finish his vegetables. All he has to do is take a few bites and then he can go back to playing games.