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Chronicles

The story behind the story

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On Day Two of the Apple vs Epic trial, Sweeney said he would have taken an exclusive App Store deal, Apple recounted Epic's praise of Apple's Metal API, more

and then our first Apple exec, Matthew Fischer. Here's what happened yesterday https://www.theverge.com/... https://twitter.com/... Benjamin Mayo / @bzamayo : Interesting point in this deck is that Apple was giving Netflix “more featuring than any other partner” in App Store editorial. That is, before Netflix dropped IAP and then Apple scrubbed them entirely. https://9to5mac.com/... Tom Warren / @tomwarren : Microsoft's feud with Apple over xCloud on iOS got a rival kicked from the App Store. Shadow disappeared last year, after Microsoft was trying to work out why other cloud gaming apps were not being blocked. Details here: https://t.co/LySpAyGrvl https://t.co/SrzieTyJIW

9to5Mac Chance Miller

Context & Ripple Effects

The trial's second day lands on top of an already awkward paper trail for Epic: last summer Apple published three Tim Sweeney emails asking for a special deal, and this week court documents surfaced showing Phil Schiller floated cutting the 30% fee back in 2011. Sweeney now conceding he would have accepted an exclusive App Store arrangement cuts against the framing in Epic's antitrust arguments that its fight was purely about open access for all developers.

First-order effects

  • Apple gains courtroom ammunition on both fronts: Epic's own CEO admitting he'd have taken an exclusivity deal, and internal praise of the Metal API contradicting the claim that iOS tooling is hostile to developers.
  • Matthew Fischer's appearance puts Apple's App Store editorial practices under oath, including disclosure that Netflix received more featuring than any other partner before it dropped IAP and was scrubbed from promotion.

Second-order effects

  • The Netflix revelation reframes editorial placement as leverage conditioned on IAP compliance, forcing other subscription app makers to weigh how their billing choices affect their visibility.
  • Shadow's removal from the App Store amid Microsoft's xCloud dispute shows cloud gaming rivals face the same gatekeeping question Epic is litigating, widening the pool of developers watching the verdict.

Third-order effects

  • If the special-deal evidence sticks, the likely remedy debate shifts from abolishing Apple's cut entirely toward a [[/concepts#regulated-platform-take-rate|regulated take rate]] — a structure Schiller himself entertained internally a decade ago.
  • A pattern of featuring-for-IAP compliance would invite scrutiny of whether storefront curation across platforms functions as neutral merchandising or as contractual enforcement.

The trend: The Apple-Epic fight is evolving from a dispute over the 30% commission into a broader test of whether gatekeeper platforms apply their rules as uniform policy or as discretionary dealmaking leverage.

Discussion

  • @thedextriarchy Adi Robertson on x
    This is the second cross-examination where Apple has made a point of trying to establish that a third-party witness is on Epic's side.
  • @thedextriarchy Adi Robertson on x
    The judge steps in and says she's confused by why Apple would require a separate app for every game. “I can use Netflix with a native app and I can see lots of different movies or TV shows or whatever. Is it that you didn't want to use a subscription model?”
  • @reckless Nilay Patel on x
    Apple's insistence on comparing the iPhone to game consoles at trial is also really interesting — do they *want* the iPhone to be considered a console-like device, or a general purpose computer? What about the iPad? This is seriously like a Vergecast with millions at stake heh ht…
  • @fiercestcheetah George Roberts on x
    @thedextriarchy stupid question, how come all of these people are being questioned? is it because of apples policies?
  • @thedextriarchy Adi Robertson on x
    As with Nvidia yesterday, Apple is now reading out glowing reviews of xCloud on Safari to rebut Microsoft's claims that it was an inferior alternateive to the App Store. I continue to find it funny.
  • @tomwarren Tom Warren on x
    Microsoft's feud with Apple over xCloud on iOS got a rival kicked from the App Store. Shadow disappeared last year, after Microsoft was trying to work out why other cloud gaming apps were not being blocked. Details here: https://t.co/LySpAyGrvl https://t.co/SrzieTyJIW
  • @thedextriarchy Adi Robertson on x
    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: https://www.theverge.com/... https://twitter.com/...