Epic Games’ first chance to put Apple on the defensive about its App Store in court got off to a rocky start as Epic’s lawyers used an Apple executive’s quote out of context and were scolded by the judge over documents posted online.
Epic’s lawyers opened their questioning of App Store chief Matt Fischer by dredging up a five-year-old email that quoted a colleague saying “Matt feels extremely strong about not featuring our competitors on the App Store.” But the quote wasn’t presented in its full context and Fischer quickly dismissed it as a misrepresentation.
Then the game maker was excoriated by the judge for blindsiding her about a cache of evidence exhibits that the company released publicly.
Fischer is the first Apple employee to take the witness stand as Epic, the creator of Fortnite, tries to prove that the marketplace for apps that run on hundreds of millions of iPhones is operated like a monopoly. Trystan Kosmynka, a senior director at Apple in charge of the app review process, is set to be called to the stand later in the day.
MacDailyNews Take: Shockingly, Epic Games’ inexplicable quest — to have a judge award all of the benefits afforded by Apple’s App Store to them for free — isn’t going smoothly.