Apple accuses Microsoft of using Epic Games as stalking horse in legal attack

Lawyers representing Apple suggested Epic Games, maker of Fortnite, was acting as a stalking horse for Microsoft and withholding evidence.

Epic Games' Fortnite violated Apple's App Store guidelines
Epic Games’ Fortnite violated Apple’s App Store guidelines

Mark Gurman for Bloomberg News:

The iPhone maker made the accusations Wednesday night in a filing asking a judge to make an adverse credibility finding against Lori Wright, an Xbox executive who testified in the trial on behalf of Epic. That would mean the judge could ignore her testimony.

Apple asked for such a ruling earlier, but upped its accusations in the new filing. “A reasonable observer might wonder whether Epic is serving as a stalking horse for Microsoft,” Apple said. “Microsoft shielded itself from meaningful discovery in this litigation by not appearing as a party or sending a corporate representative to testify.”

In the Wednesday filing, Apple also complained that Microsoft withheld internal communications and held discussions with Epic about its decision to circumvent Apple’s payment rules. “Such internal communications are particularly relevant in light of Microsoft’s relationship with at least five Epic witnesses and the potential that Microsoft is using Epic as a proxy plaintiff in litigation that it refuses to prosecute in its own name,” Apple wrote.

MacDailyNews Take: Certainly, it’s not unimaginable that Microsoft, soundly ass-kicked and thoroughly embarrassed by Apple in smartphones, tablets, music, online app stores, etc. etc. etc., would use a patsy (just look at Epic Games’ CEO Tim Sweeney’s weak, wholly unconvincing testimony in court) to shield itself while attempting to make a hit.


  1. Doesn’t MSFT charge the exact same percentage fees to developers for XBOX games – seems a little disingenuous right ?

    “Xbox: Microsoft takes a 30 percent cut from all games and in-game purchases sold through the console’s store under its standard developer agreement.Sep. 22, 2020”

    1. MS has their own store, why should they have to sell their iOS App through Apple’s? Why should the MS App customer have to get it from Apple as well?

      Answer… iOS App monopoly. And further, MS never blocked a program from running on Windows, that’s why it was a Personal Computer.

  2. Agree with MDN. Microsoft has been and always will be sneaky and deceitful. History proves that. If only Steve were still alive, he’s well aware of Microsoft’s nasty ways in the past, he lived it. They still carry extreme Apple envy.

    1. With Cook at the helm, Apple is showing signs of sneaky and deceitful. TC soapboxes to his own countryman, but assists another country in surveilling their people. I’d call that both sneaky & deceitful. “Slimy” fits too.
      Mr. Cook is also bending and bowing subserviently to Mr. China…the one that was offended that Apple products said, “Designed in California,” which is now removed from products. That may not be sneaky, or deceitful, but it sure shows who’s driving the bus…yes, a totalitarian entity.

      Yes, if only Steve were alive and drivin the bus. It’s not a stretch to think he might say, f-off Xi…or something with the same end result.

      Apple is no longer differentiated from MS, as once imagined.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.