A Epic Games has just gained a new and important ally in its long legal battle against Apple: the Microsoft.
According a CNET e The FOSS Patents, the giant from Redmond, together with Electronic Frontier Foundation and attorneys general from 35 US states, has filed a new petition supporting the creator of the game Fortnite in its case against Apple in the United States Court of Appeals (Ninth Circuit).
In its petition, Microsoft cited its interest in preserving competition and innovation by declaring that there is still reason to be concerned about Apple’s alleged “extraordinary power of control,” despite its size. In addition, the company also questioned the view adopted by the district court that the requirement for the use of In-App Purchases not be an anti-competitive practice.
Representatives from the 35 states argued in their petition that the district court erred in finding that the terms set by Apple did not apply to the first section of the Sherman Act — a kind of guide to American antitrust law. Also according to the prosecutors, the court also did not correctly weigh the damage caused by Apple’s anti-competitive behavior in relation to its alleged benefits.
The EFF, in turn, supported the concerns raised by the states while providing examples for Microsoft’s interpretation of the case. The foundation also questioned the district court’s view, which considers users to be fully aware of Apple’s policies when logging onto Apple’s platform.
Although Epic now has strong reinforcements, it is still possible that petitions will simply be dismissed by the court, which is under no obligation to consider them. In reply to CNET, Apple said it is optimistic that the district court’s ruling will be upheld, as well as stressing that it has always promoted a safe and reliable App Store while providing a great opportunity for creators.
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