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AFAIK, this is a hearing for a preliminary injunction, not the actual trial itself. That means that saying, "Well, other people do it too" is exactly what a ju
by 16bytes 6y ago
AFAIK, this is a hearing for a preliminary injunction, not the actual trial itself.
That means that saying, "Well, other people do it too" is exactly what a judge should be examining at this point. There was a T&C contract, the form of which is standard across the industry, and Epic broke the T&C on purpose. Which likely means no injuctive relief at this point.
You could argue that the T&C are onerous and/or that there are anti-competitive behaviors, but neither of those can be addressed in this preliminary phase.
I don't see any basis for claiming that the judge has an "over interest" in Apple succeeding. That claim implies impropriety, and such a claim should carry a high bar for evidence.