Grant’s getting to give his definition of a console (as opposed to a PC/phone) now: "a single-purpose device for entertainment.”
A console vs. a smartphone: “Consoles will be located in a house, they have a power source, you will be interacting with a controller with a thumbstick and buttons…"
“...they will have the same characteristics as a PC where you are utilizing most of the performance, there are no concerns about battery life, and [light paraphrase: the features are more limited.]"
We’re now doing the same thing with tablets — tablets are more general-purpose, consoles are more single-purpose. Grant cites the Nintendo Switch as a mid-point that’s portable like a phone, but you use it with a controller that shapes interactions.
We’ve had a lot of people defining the differences between computing platforms here and it’s getting sort of repetitive, but given that Oracle v. Google involved an incredibly protracted discussion of the QWERTY keyboard as metaphor, honestly I’ll take it.
Grant is touching on some more of the benefits to native versus web apps; push notifications and ARKit both come up. The former is another example of Apple letting native apps reduce friction points — Epic needs to convince the judge these smaller features are meaningful.
Grant is explaining why you couldn’t make a game like Fortnite as an iOS web app, which I really hope somebody takes as a challenge now.
I’m not the best person to answer this, but the tech trials I’ve covered tend to hinge more on incredibly elaborate metaphors
The human-readable versus machine-readable code bit is back now — Grant is talking about how web apps don’t go through the same kind of compilation process that increases processing efficiency, yet another reason they’re not as good as native apps.
Epic’s lawyer brings up progressive web apps, which have emerged over the past few years. “A progressive web app is really just a web app that attempts to appear even more app-like,” Grant says. “But ultimately it’s still executed by a web browser.”
This is, Grant reminds folks, a separate issue from the kind of latency issues that come up with game streaming.
Honestly despite all the “Have you heard of [x obvious thing]” setup questions (latest: “Have you heard of a ‘single-player game’?”), the testimony from all three days is parsing a bunch of incredibly complex questions about app development and the games industry.
I mean, I should maybe say “because of”, because Epic witnesses (who have dominated testimony so far) are putting a huge lift into making sure everything is explained as exhaustively as possible.
We’re moving to cross-examination. Lawyer is asking if Grant was involved in the process of submitting Fortnite to app review for iOS.
Grant said yes. Describes process that could take “under an hour,” could take “multiple business days.” Epic could ask for, and sometimes received, requests for expedition.
Lawyer asked if updates were rejected. Grant cites objections to "the way a certain feature was phrased in the app notes.” Includes Epic referring to an early feature as “experimental, tell us what you think” — "the app review team did not like that and asked us to change it."
Grant lists some more substantial change requests, based on changes to iOS. Epic had to support Sign In For Apple, a requirement Apple added in 2019 theverge.com/2019/6/3/18651…
At one point Apple changed how they budgeted memory, so “we had to significantly reduce the amount of memory that Fortnite required.”
Grant cites some more issues, judge breaks in as he’s listing them. “Why do you want to use Apple if it’s so terrible?”
A little back-and-forth, and the judge asks if bugs/issues are worse on Apple than Android. "How imperfect is it? … Is the experience comparable with Apple and Android, or is Apple just that much worse than Android?” Grant says it’s comparable, calls Apple engineers “great."
The nuance might not come through in a tweet, but the question is fairly shrewd — Epic’s in the process of complaining about a bunch of granular iOS screwups, and the judge asks how much is just the kind of bugs you deal with on any platform.
Sorry, screwed up a description earlier — cross-examination is starting *now.*
Apple is hitting on the iPhone as a tech product. Listing all the component/specs improvements to the iPhone since the App Store opened. “As a result of those consistent improvements … iOS devices are now capable of running games like Fortnite."
Procedural note: approximately zero chance we get to our first Apple witness today.
We’re talking about AR now. Apple lawyer mentions Microsoft is “working on” an AR version of Minecraft, which is sadly only true for another couple months theverge.com/2021/1/5/22215…
sad I don’t get to see all these binders getting passed around
Describing an email thread where Epic folks saw coverage of iPhone AR Minecraft, including articles at Kotaku and my own @verge. Said that “if it works like they say in the Verge article, it is very cool” and they wanted it in Fortnite.
I think this might be the Verge article, tho not 100% sure. theverge.com/2019/5/6/18524…
Apple is moving to one of its big talking points: Epic has developer agreements just like Apple does, on Unreal Engine and within Fortnite.
“People who cheat within Fortnite can be permanently banned, is that right?” (Grant says yes.) “People always find new way to cheat, and people get away with it until they’re caught. Is that fair?” (Yes.)
“Epic’s brand and Fortnite’s success is based on people having a good experience with Forntite, is that correct?” Apple lawyer asks. "Everyone is on the same level playing field."
“If the integrity of the game falls apart, and people believe the rules no longer apply to them, then people may no longer be inclined to play the game.” Epic’s reputation will suffer. The game will enter a “downward spiral.” Apple lawyers continue to have supervillain energy.
“Let’s talk about honesty. You knew you were being dishonest, didn’t you? You knew you were acting without integrity, weren’t you?”
(This is in reference to Epic secretly adding a payment system through the hotfix that got it kicked off the App Store.)
i mean what do you really, apple’s maybe one session away from a full-on hannibal lecter speech
man, the hololens FOV controversy, good times
Apple’s turning the “sony is tearing kids’ friendships apart email from Sweeney (introduced on Monday) back on Epic — says Epic’s doing the same thing by not taking third-party processing out of Fortnite and putting it back on the App Store.
Grant, psyche doubtless stripped to its bone by Apple’s lawyers, concludes his testimony.
We’re about at the end of the day — judge is going through some procedural questions about witnesses, noting that we’re regularly running behind with testimony. (We were supposed to get through two additional witnesses today.)
Result might be that some testimony gets submitted to court as deposition, rather than as questions in court. If you’re curious, we posted the full (tentative) list of witnesses for both sides here. We’ve got about two more weeks to cover them. theverge.com/2021/4/28/2240…
Day 3 of the trial is officially over. We’ll pick back up tomorrow, same time, hopefully with Epic and Apple execs on the stand. Now my cat ran off with an edamame husk while I was typing, so I’m gonna go hunt that down.

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More from @thedextriarchy

7 May
Day 5 of Epic v. Apple! Today we’ve got more testimony from Trystan Kosmynka, Apple marketing VP, followed by Epic’s Steven Allison and Matthew Weissinger. Coverage from yesterday here theverge.com/2021/5/6/22423…
Kosmynka was called by Epic yesterday for questions about Apple’s App Store review. We’re picking back up today. My colleague @mslopatto is also in the courtroom today, getting to see all those binders live!
We’re back to talking about Roblox, which I may remind you Apple’s review group determined is *not* a game with games inside it, but a game with “social experiences” inside it.
Read 123 tweets
6 May
man i just wanna play thief
unfortunately my last save is running after a ghost in a fort full of zombies, situation less than ideal
update: stabbed a zombie in the back on the way down, ran past it while escaping and woke it up. friendly hammer fanatic came to help me, sandwiched me against the zombie in a hallway, and bludgeoned me to death
Read 4 tweets
6 May
Day 4 of Epic v. Apple starts in 5 minutes! Expecting testimony from Epic business strategy exec Thomas Ko, then Apple App Store VP Matthew Fischer and marketing director Trystan Kosmynka. My wrap-ups from Day 3 below theverge.com/2021/5/5/22421…
We’re starting with some pre-testimony discussion about records being entered into the court.
“I need to understand what the basis is for why you’re trying to admit things in the record,” judge says. Heated discussion with lawyers.
Read 184 tweets
5 May
Apple/Epic trial Day 3 starts in 30. We’ll hear more from Nvidia’s Aashish Patel, then Lori Wright of Xbox, Epic’s Andrew Grant and Thomas Ko — and then our first Apple exec, Matthew Fischer. Here’s what happened yesterday theverge.com/2021/5/4/22419…
If this week’s pattern holds, there’s a good chance we won’t get to Fischer today. And per an earlier tweet, I’ll be on around 45 minutes late to livetweet, with my colleague @tomwarren listening in before that.
@tomwarren Alright — back just in time to hear Lori Wright of Xbox for Apple/Epic, apparently. I’ll be livetweeting the rest of the day, thanks to @tomwarren for the assist.
Read 88 tweets
4 May
Day 2 of livetweeting the Apple/Epic trial starts in 15 minutes. Expecting more cross-examination of Epic CEO Tim Sweeney, plus witnesses from Nvidia and Xbox, and god willing better audio. Coverage of yesterday below: theverge.com/2021/5/3/22417…
Court has just come into session. There’s some “sensitivity” over info from that was supposed to be sealed but was accidentally released online yesterday. Judge says there’s no point in re-sealing the documents if they’ve leaked.
Now we’re calling Epic CEO Tim Sweeney back to the stand for cross-examination by Apple. Kicking off with questions about Epic’s analytics.
Read 114 tweets
3 May
a treat of a piece from @mslopatto as we get ready for Apple/Epic to kick off today! we’re expecting early testimony from Epic CEO Tim Sweeney. theverge.com/2021/5/3/22412…
I’m on the press line for the Apple/Epic call, being regaled with a jaunty 30-second synthpop loop. We’re expecting to start in the next half-hour.
Alright, clerk is testing the line! Court is not in session yet. It sounds like they’re having a little confusion over the conference calling system.
Read 107 tweets

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