The bench trial between Apple and Epic Video games will kick off. Lastly. And now we all know the witness listing for each firms forward of the beginning date.
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- Apple and Epic Games
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That is going to be one of the vital watched trials up to now, so far as watched trials are involved. On Apple’s aspect of issues, the corporate is attempting to maintain the iOS expertise how it’s, with its charges, safety, and the App Retailer all in place with none main adjustments handed down. (Until they hand them down on their very own, in fact.)
In the meantime, Epic Video games needs to persuade everybody that may hear that Apple is holding an unlawful monopoly over iOS and the App Retailer. If Epic Video games wins, then Apple should make some decisive and much reaching adjustments to the way it handles its enterprise. And which will result in extra adjustments throughout the board for different firms, too.
The most effective half to this point have been the revelations out of the court docket filings which have surfaced over the past couple of months not less than. As an example, we’ve now realized that Apple sees iMessage as a method to lock people into the iOS ecosystem — however that didn’t cease Eddy Cue from attempting to make an Android model method again in 2013.
Immediately’s particulars aren’t so juicy. Earlier, we noticed a part of the argument that Epic Video games will make because of its skilled witness listing. And we noticed Apple’s earlier this week. Now, courtesy of The Verge, we get to see the witness lists for each firms. As you’d anticipate, there are some heavy hitters on the listing, together with Apple’s CEO Tim Cook dinner, and Epic Video games’ CEO Tim Sweeney.
Nonetheless, there’s a little bit of a caveat right here. Whereas this can be a revised witness listing, which each firms submitted earlier this month, it doesn’t essentially inform us each single individual that may definitively be known as. This can be a broad internet, and these persons are all choices for each firms. What’s extra, we don’t know when any one among them will likely be known as. This trial might final till the tip of Could, on the very least, so that they may very well be known as up wherever between Could 3 after which.
Anyway, right here’s the official listing:
Apple’s witness listing
Apple staff
- Tim Cook dinner, CEO— overlaying “Apple’s company values; Apple’s enterprise and operations; improvement and launch of the App Retailer; competitors confronted by Apple.” (Scheduled for one hour examination, half-hour cross examination.)
- Craig Federighi, senior vp, software program engineering— overlaying “iOS working system; competitors confronted by Apple; Apple’s funding and efforts to fight malware, adware, and different points regarding app safety and iOS gadget person safety.” (Scheduled for 2 hours examination, one hour cross examination.)
- Matt Fischer, App Retailer VP— overlaying “advertising and marketing of apps accessible within the App Retailer; opponents and competitors within the sale of apps and the totally different app marketplaces; Apple’s enterprise relationships with app builders.”
- Eric Grey, director of commerce and funds— overlaying the “design and operation of Apple’s fee processing insurance policies and practices.” (Scheduled for one hour examination, quarter-hour cross examination.)
- Trystan Kosmynka, senior director of selling— overlaying “App Retailer insurance policies and pointers; Apple’s app assessment and curation course of and procedures; Apple’s funding in efforts to guard iOS gadget customers’ security and privateness.”
- Phil Schiller, Apple fellow— overlaying “Apple’s enterprise and operations; Improvement and launch of the App Retailer; App Retailer insurance policies and pointers; the App Retailer enterprise mannequin; the App Retailer fee; app distribution; iOS working system; competitors confronted by Apple; design, improvement, launch, and advertising and marketing of the iPhone.” (Scheduled for six hours examination, three hours cross examination.)
- Michael Schmid, head of sport enterprise improvement, App Retailer— overlaying “the instruments, providers, and advantages that Apple gives to builders, together with to Epic; Apple’s relationship with Epic, Epic’s breaches of its agreements with Apple, and Epic’s different misconduct.” (Scheduled for 1 hour examination, half-hour cross examination.)
- Scott Forstall, former senior vp, iOS Software program— overlaying “variations between cellular gadgets and PCs; safety and privateness concerns for cellular gadgets; historic App Retailer insurance policies and practices.”
- Phillip Shoemaker, former expertise director, app assessment— overlaying “App Retailer insurance policies and pointers; Apple’s app assessment and curation course of and procedures; Apple’s funding in efforts to guard iOS gadget customers’ security and privateness.”
Epic staff
- Steve Allison, Epic Video games Retailer normal supervisor— overlaying “the Epic Video games Retailer enterprise mannequin and monetary projections; the Epic Video games Retailer’s income break up; the Epic Video games Retailer’s market share.”
- Andrew Grant, engineering fellow— overlaying “enforcement of platform guidelines; Fortniteanti-cheat measures; the significance to Apple’s model of defending person privateness and safety; Epic’s use of Apple-provided instruments and providers; Epic’s curiosity in workarounds to undercut Apple’s 30% fee; Epic’s efforts to subvert app assessment; Epic’s marketing campaign in opposition to app shops.”
- Joseph Kreiner, VP of enterprise improvement— overlaying “advantages of cross-platform play; Epic’s relationships with console producers, together with contractual phrases, commissions paid by Epic, and fee processing phrases; fraud on the Epic Video games Retailer.” (Scheduled for half-hour examination, 10 minutes cross examination.)
- Thomas Ko, senior director, head of on-line enterprise technique and operations— overlaying “Epic’s relationship with Samsung, together with Epic’s contracts with Samsung, commissions paid to Samsung, and communications with Samsung; Epic’s marketing campaign in opposition to app shops.”
- Mark Rein, VP of enterprise improvement— overlaying “the Epic Video games Retailer enterprise mannequin and fee; advantages of Apple advertising and marketing and different assist supplied to Epic; Epic’s plans and practices regarding distribution by iOS, competing platforms, and various channels; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
- Tim Sweeney, CEO— overlaying “Epic’s enterprise mannequin, operations, and technique; Epic’s monetary efficiency; Epic’s dealings with Apple and competing platforms, together with commissions paid; Epic Video games Retailer profitability; Epic’s relationship with Samsung, together with Epic’s contracts with Samsung, commissions paid to Samsung, and communications with Samsung; Epic’s marketing campaign in opposition to app shops.”
- Daniel Vogel, COO— overlaying “Epic’s exploration of sideloading on iOS and Android; Epic’s launch of Fortnite exterior of the Google Play Retailer; safety of Fortnite and the Epic Video games Retailer, together with the Xsolla fee processor; issues over cross-platform arbitrage of ‘V-bucks’ purchases; Epic’s makes an attempt to keep away from Apple’s App Retailer assessment course of; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
- Matthew Weissinger, VP of selling— overlaying “Epic’s pricing and advertising and marketing actions, together with as to Fortnite; Fortnite’s revenue margin; Fortnite’s weaknesses on cellular techniques relative to sport consoles; Epic’s marketing campaign in opposition to app shops.”
- Joseph Babcock, former CFO— overlaying “Epic’s monetary efficiency; Epic’s enterprise mannequin and technique; Epic’s dealings with Apple and competing platforms, together with commissions paid; Epic Video games Retailer profitability.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
- Haseeb Malik, former advertising and marketing supervisor— overlaying “instruments, providers, and advantages that Apple supplied to Epic; platforms on which Epic makes its video games accessible; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
- David Nikdel, on-line gameplay techniques lead— overlaying “engineering and expertise advantages acquired from Apple; high quality of non-iOS platforms; Epic’s direct fee hotfix.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
- Nick Penwarden, VP of engineering— overlaying “the Unreal Engine enterprise mannequin; iOS and Android proprietary software program and instruments; engineering assist from Apple; cross-platform play.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
- Alec Shobin, senior advertising and marketing supervisor— overlaying “advertising and marketing for cellular video games; the App Retailer assessment course of; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
Third-party witnesses
- Lori Wright, VP of Xbox enterprise improvement, Microsoft— overlaying “the Microsoft Retailer; Xbox online game console enterprise and operations; Xbox cloud gaming; distribution of apps on the App Retailer.”
- Benjamin Simon, founder and CEO of Yoga Buddhi Co.— overlaying “Yoga Buddhi’s apps and enterprise mannequin; instruments, providers, and advantages that Apple supplied to Yoga Buddhi; participation within the Coalition for App Equity; App Retailer assessment course of.”
- Shelley Gould, president and co-founder of Neuro-Fin / SmartStops— overlaying “SmartStops’ apps and enterprise mannequin; instruments, providers, and advantages that Apple supplied to SmartStops; App Retailer assessment course of; communications with Apple.”
- Aashish Patel, director of product administration, Nvidia— overlaying “instruments, providers, and assist that Apple supplied to Nvidia; distribution on competitor platforms and thru various channels; communications with Apple; compliance with Apple’s App Assessment Tips; Nvidia’s affiliation with Epic.”
- Alphabet— paperwork submitted
- App Annie— paperwork submitted
- Roblox Company— paperwork submitted
Knowledgeable witnesses
- Richard Schmalensee,emeritus professor of economics, MIT
- Lorin Hitt,professor of operations, data, and selections, College of Pennsylvania Wharton
- Francine LaFontaine, professor of economics, College of Michigan
- Daniel Rubinfeld, professor of regulation, NYU
- James Malackowski, CEO, Ocean Tomo
- Aviel Rubin, technical director, Johns Hopkins College Data Safety Institute
- Dominique Hanssens, distinguished analysis professor of selling, UCLA Anderson Graduate Faculty of Administration
Epic Video games’ witness listing
Epic Video games staff
- Steve Allison, Epic Video games Retailer normal supervisor— overlaying “Epic Video games Retailer (enterprise).” (Scheduled for half-hour examination, half-hour cross examination.)
- Andrew Grant, engineering fellow— overlaying “Epic’s membership within the Apple Developer Program; engineering and improvement of Epic’s merchandise for varied platforms; Epic Direct Fee on iOS.” (Scheduled for one hour examination, half-hour cross examination.)
- Thomas Ko, senior director, head of on-line enterprise technique and operations— overlaying “Epic’s fee processing providers; Apple’s fee processing providers; Epic Direct Fee on iOS.” (Scheduled for half-hour examination, quarter-hour cross examination.)
- Tim Sweeney, CEO— overlaying “Epic’s historical past and enterprise; Epic’s enterprise discussions with Apple and Google; Epic Direct Fee on iOS; App Retailer insurance policies and practices; Epic’s advertising and marketing and promotional actions; Epic’s efforts to compete in app distribution and in- app fee processing.” (Scheduled for 3 hours examination, three hours cross examination.)
- Matthew Weissinger, VP of selling— overlaying “Epic’s advertising and marketing and promotional actions; advertising and marketing and promotional assist providers supplied by online game consoles and cellular working system suppliers, together with Apple.” (Scheduled for half-hour examination, half-hour cross examination.)
Apple staff
- Matt Fischer, App Retailer VP— overlaying “App Retailer enterprise technique; App Retailer monetary efficiency; App Retailer insurance policies and practices; Apple’s market energy over iOS builders; and/or the topics of designated testimony.” (Scheduled for 45 minutes examination, one hour cross examination.)
- Trystan Kosmynka, senior director of selling— overlaying “App Retailer assessment insurance policies and practices; iOS and macOS engineering, safety and privateness points; and/or the topics of designated testimony.” (Scheduled for one hour examination, two hours cross examination.)
- Eddy Cue, senior vp, web software program and providers— overlaying “lack of competitors amongst cellular gadgets and cellular working system software program; App Retailer enterprise technique; App Retailer monetary efficiency; present and historic App Retailer insurance policies and practices; Apple’s prior antitrust violations.” (Scheduled for one hour examination, 10 minutes cross examination, through deposition quite than dwell look.)
- Craig Federighi, senior vp, software program engineering— overlaying “iOS and macOS engineering, safety, privateness and competitors points; App Retailer insurance policies and practices.” (Scheduled for quarter-hour examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Scott Forstall, former senior vp, iOS software program— overlaying “iOS and macOS engineering, safety, privateness and competitors points; historic App Retailer insurance policies and practices; Apple’s in-app buying operate.” (Scheduled for one hour and 5 minutes examination, 10 minutes cross examination, through deposition quite than dwell look.)
- Eric Friedman, head of fraud engineering, algorithms, and threat— overlaying “App Retailer assessment course of; fraud and different abuse in Apple’s ecosystem.” (Scheduled for half-hour examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Eric Grey, director of commerce, subscriptions, and pricing— overlaying “inefficiencies and lack of integration of Apple’s fee processing providers; app pricing and inelasticity of demand; fraud and different abuse in Apple’s ecosystem.” (Scheduled for quarter-hour examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Okay. Haun, senior director, developer technical providers— overlaying “App Retailer assessment insurance policies and practices; iOS and macOS engineering, safety and privateness points.” (Scheduled for 50 minutes examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Ron Okamoto, former VP of worldwide developer relations— overlaying “advantages Apple receives from different software program builders, together with Epic; Apple’s market energy over iOS builders.” (Scheduled for 20 minutes examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Carson Oliver, director of enterprise administration, App Retailer— overlaying “App Retailer insurance policies and practices; Apple’s market energy over iOS builders.” (Scheduled for 10 minutes examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Shaan Pruden, senior director of partnership administration and worldwide developer relations— overlaying “advantages that Apple receives from different software program builders, together with Epic.” (Scheduled for 10 minutes examination, 5 minutes cross examination, through deposition quite than dwell look.)
- Mark Rollins, finance supervisor— overlaying “Apple financials; App Retailer revenue and loss statements.” (Scheduled for 10 minutes examination, through deposition quite than dwell look.)
- Phillip Shoemaker, former expertise director, app assessment— overlaying “historic App Retailer assessment insurance policies and practices.” (Scheduled for 55 minutes examination, quarter-hour cross examination, through deposition quite than dwell look.)
Third-party witnesses
- Lori Wright, VP of Xbox enterprise improvement, Microsoft— overlaying “distribution of software program; Xbox online game console enterprise and operations; Xbox cloud gaming, together with xCloud and Recreation Go; interactions with Apple.” (Scheduled for one hour examination, one hour cross examination.)
- Benjamin Simon, founder and CEO of Yoga Buddhi Co.— overlaying “app distribution; participation within the Apple Developer Program; App Retailer assessment course of; interactions with Apple.” (Scheduled for one hour examination, half-hour cross examination.)
- Aashish Patel, director of product administration, Nvidia— overlaying “app distribution; Nvidia’s GeForce Now service and enterprise mannequin; variations between streamed apps and domestically hosted apps; variations between native apps and internet apps; App Retailer assessment course of; interactions with Apple.” (Scheduled for 45 minutes examination, 45 minutes cross examination.)
- Adrian Ong, senior VP of operations, Match Group— overlaying “app distribution; participation within the Apple Developer Program; App Retailer assessment course of; interactions with Apple; variations between native apps and internet experiences; Match Group’s fee processing capabilities; results of Apple’s 30% payment on Match Group and its customers; person acquisition.” (Scheduled for one hour examination, 5 minutes cross examination, through deposition quite than dwell look.)