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If someone has read the full ruling and is familiar enough with the case, what are the odds Apple appeals this - and if they do, is it likely they will win the

If someone has read the full ruling and is familiar enough with the case, what are the odds Apple appeals this - and if they do, is it likely they will win the appeal?

gigatexal 5y ago
This has to be an insta-appeal though so much dirty laundry has come out in discovery maybe they won’t. Then again App Store profit margins are so high … maybe they will take the hit on the 30% and double down on App Store advertising instead since first party advertising is blessed now?
colinmhayes 5y ago
100% chance apple appeals. App store revenue is like 15 billion a year and margins have got to be huge.
jcranmer 5y ago
Reading only a snippet of the opinion, 100% chance of appeal. At the very least, the court effectively says it has no authority as to why it can issue a nationwide (instead of statewide) injunction; you'd be a fool to not at least appeal that. The fact that the court also came to a different decision from both Apple and Epic as to what constitutes the appropriate market for determining monopoly also seems like it would be fruitful grounds for appeal. Will Apple win? I don't know 9th Circuit or the applicable law anywhere near enough to answer that question.
gpm 5y ago
(Not a lawyer, or really an expert on anti-trust law) I fully expect both sides to appeal. To much money is on the line to not try. Even if Apple knew they would lose the appeal, I expect they still would, to try and get a stay on this ruling pending the outcome of the case. I've always been very sympathetic to Epic's side of this case, still am, personally I don't expect Apple to win appeal [1], but I also wouldn't rank the odds of that happening as significantly lower that I thought the odds were of them winning the initial case. Epic might be willing to settle without an appeal in exchange for the ability to continue developing unreal engine for iOS... but given that Apple is not likely to be willing to settle (see above) I doubt that will happen. Apple might choose to unban epic anyways, since the game engine only being available for android hurts them, but I doubt it. [1] Though if a detail here or there changed in Apples favor that would not be surprising.
- microtherion 5y ago
  > Epic might be willing to settle without an appeal in exchange for the ability to continue developing unreal engine for iOS I wonder which parts of the lawsuit are even amenable to a settlement at this point. Sure, the breach of contract claim is between Apple and Epic, and Epic could negotiate away their right to appeal. But presumably the injunction just issued is NOT negotiable, as this is based on behavior that Apple is alleged to have engaged in against all developers? Would any actual lawyers care to weigh in?

If someone has read the full ruling and is familiar enough with the case, what are the odds Apple appeals this - and if they do, is it likely they will win the appeal?

gigatexal 5y ago

This has to be an insta-appeal though so much dirty laundry has come out in discovery maybe they won’t. Then again App Store profit margins are so high … maybe they will take the hit on the 30% and double down on App Store advertising instead since first party advertising is blessed now?

colinmhayes 5y ago

100% chance apple appeals. App store revenue is like 15 billion a year and margins have got to be huge.

jcranmer 5y ago

Reading only a snippet of the opinion, 100% chance of appeal. At the very least, the court effectively says it has no authority as to why it can issue a nationwide (instead of statewide) injunction; you'd be a fool to not at least appeal that. The fact that the court also came to a different decision from both Apple and Epic as to what constitutes the appropriate market for determining monopoly also seems like it would be fruitful grounds for appeal. Will Apple win? I don't know 9th Circuit or the applicable law anywhere near enough to answer that question.

gpm 5y ago

(Not a lawyer, or really an expert on anti-trust law) I fully expect both sides to appeal. To much money is on the line to not try. Even if Apple knew they would lose the appeal, I expect they still would, to try and get a stay on this ruling pending the outcome of the case. I've always been very sympathetic to Epic's side of this case, still am, personally I don't expect Apple to win appeal [1], but I also wouldn't rank the odds of that happening as significantly lower that I thought the odds were of them winning the initial case. Epic might be willing to settle without an appeal in exchange for the ability to continue developing unreal engine for iOS... but given that Apple is not likely to be willing to settle (see above) I doubt that will happen. Apple might choose to unban epic anyways, since the game engine only being available for android hurts them, but I doubt it. [1] Though if a detail here or there changed in Apples favor that would not be surprising.

microtherion 5y ago
> Epic might be willing to settle without an appeal in exchange for the ability to continue developing unreal engine for iOS I wonder which parts of the lawsuit are even amenable to a settlement at this point. Sure, the breach of contract claim is between Apple and Epic, and Epic could negotiate away their right to appeal. But presumably the injunction just issued is NOT negotiable, as this is based on behavior that Apple is alleged to have engaged in against all developers? Would any actual lawyers care to weigh in?