Microsoft, the DOJ, and 35 US states led by Utah filed amicus briefs with the Ninth Circuit appeals court largely supporting Epic Games in its Apple case
you know things like iPhones, Macs, and Watches. (And some iPads too!) https://www.techmeme.com/... But hey, why let the facts get in the way of a tweet. https://twitter.com/... Michael Love / @elkmovie : Also the DOJ and a whole bunch of extremely prominent antitrust law professors. But the fact that Microsoft filed a brief *in support of antitrust restrictions on another tech company* feels historically significant in a way none of those other ones are. https://twitter.com/... Mark Rein / @markrein : “The district court committed several legal errors that could imperil effective antitrust enforcement, especially in the digital economy,” according to the filing. https://twitter.com/... @carnage4life : Apple made $123B last quarter. All over the world governments are realizing they're doing this by obscenely taxing and constraining innovation on the App Store. Microsoft at its greediest, “cut off their air supply” days had nothing on Apple today. https://www.bloomberg.com/... @keleftheriou : “It will probably be easy to see for the Ninth Circuit that those who support Epic do so because it's the right and necessary thing to do, while those who will support Apple are just going to have reasons to do Apple a favor.” https://www.fosspatents.com/ ... https://twitter.com/... @keleftheriou : “Epic's appeal is very much alive.” “[Apple] won't be able to counterbalance the support Epic received from 35 states, Microsoft, the EFF, and America's most cited and most authoritative antitrust law professor.” 👏 https://www.fosspatents.com/ ... Michael Acton / @macton93 : @Apple allies will file their briefs at a later date. Volume of submissions - and their tone - goes to show how crucial this #antitrust case is seen to be, and how polarising it is. Michael Acton / @macton93 : @Microsoft now. Not a surprise given one of their execs testified at trial Michael Acton / @macton93 : #EpicvApple story is heating up today Deadline for briefs in support of @EpicNewsroom's appeal of its court loss. And it's a fair haul, with 7 hours left for more filings (looking at you, state AGs) 50+ academics, @ConsumerFed, @Public_Citizen, plus @appfairness members. Michael Acton / @macton93 : Now, at last, US state attorneys-general have filed their support. Remember they are suing @Google on similar grounds, so they have an interest in overturning the @Apple judgment. https://twitter.com/... Thanks: @fosspatents
FOSS PatentsFlorian Mueller
Context & Ripple Effects
Microsoft had already aligned with Epic during the earlier fight over Apple's developer-tool restrictions, warning that the move would harm developers in a declaration backing Epic's developer-ecosystem concerns. The new appellate briefs turn that support into a broader coalition that includes federal and state enforcers.
The appeal later continued as a venue for government intervention, with the DOJ and California given time to address antitrust frameworks in the resumed appellate battle. That makes the amicus filings more consequential than a single corporate endorsement: they put competing views of platform control before the Ninth Circuit.
First-order effects
Epic gains appellate support from Microsoft, the DOJ, and 35 states, strengthening the range of arguments challenging Apple's App Store practices.
Apple now faces an appeal in which a major software rival and multiple public enforcers have formally sided largely with Epic.
Second-order effects
Microsoft's alignment makes the dispute more directly relevant to platform-dependent software businesses; its later brief tied Apple's conduct to delays around the Xbox mobile gaming store in its renewed support for Epic.
Government participation gives the Ninth Circuit competing antitrust frameworks from enforcers, raising the stakes for how future App Store disputes are argued.
Third-order effects
If outside companies, states, and federal agencies continue to intervene in private platform cases, app-store governance will be shaped increasingly through coalition-backed litigation rather than bilateral developer disputes.
The pattern points toward antitrust doctrine becoming a central mechanism for contesting mobile-platform rules, with court interpretations carrying consequences beyond Epic and Apple.
The trend: App-store disputes are evolving into coalition-driven antitrust contests in which developers, rival platforms, and public enforcers press competing limits on gatekeeper control.
Of course Apple makes more money than any other company ever. Much of the money they're making isn't rightly theirs! They're taking it from consumers and smaller companies by imposing a monopoly and a tax on app distribution and payments. https://www.inc.com/...
Then there's the brilliant insight that if you don't like the three trillion dollar vertically integrated monopoly that's strangling all facets of the digital economy, “just build your own three trillion dollar monopoly LOL”.
So many tweets today are making the case for an all-powerful tyrant to protect each of us from ourselves and tax us all to pay for it. These bozos deserve to live in the world for they advocate for. The rest of us don't.
US Department of Justice has now filed, but it is not officially siding with either @EpicNewsroom or @Apple It thinks there's a flaw in the application of the Sherman Act. https://twitter.com/...
This is really embarrassing. Under current law there is nothing illegal about what Apple is doing. Should some laws change? Absolutely. Should Tim Epic be the one dictating what is right or wrong? Absolutely f***ing not. Also way to go complaining about bad business practices... …
I mean the App Store makes a lot of money, but nearly 85% of Apple's revenue for Q1 2022 came from hardware. Obviously the margin is higher on Services, but saying that 'much of the money they're making isn't rightfully theirs' doesn't seem fair. https://twitter.com/...
Well, last I checked they are making most of their money from selling hardware — you know things like iPhones, Macs, and Watches. (And some iPads too!) https://www.techmeme.com/... But hey, why let the facts get in the way of a tweet. https://twitter.com/...
Also the DOJ and a whole bunch of extremely prominent antitrust law professors. But the fact that Microsoft filed a brief *in support of antitrust restrictions on another tech company* feels historically significant in a way none of those other ones are. https://twitter.com/...
“The district court committed several legal errors that could imperil effective antitrust enforcement, especially in the digital economy,” according to the filing. https://twitter.com/...
Apple made $123B last quarter. All over the world governments are realizing they're doing this by obscenely taxing and constraining innovation on the App Store. Microsoft at its greediest, “cut off their air supply” days had nothing on Apple today. https://www.bloomberg.com/...
“It will probably be easy to see for the Ninth Circuit that those who support Epic do so because it's the right and necessary thing to do, while those who will support Apple are just going to have reasons to do Apple a favor.” https://www.fosspatents.com/ ... https://twitter.com/…
“Epic's appeal is very much alive.” “[Apple] won't be able to counterbalance the support Epic received from 35 states, Microsoft, the EFF, and America's most cited and most authoritative antitrust law professor.” 👏 https://www.fosspatents.com/ ...
@Apple allies will file their briefs at a later date. Volume of submissions - and their tone - goes to show how crucial this #antitrust case is seen to be, and how polarising it is.
#EpicvApple story is heating up today Deadline for briefs in support of @EpicNewsroom's appeal of its court loss. And it's a fair haul, with 7 hours left for more filings (looking at you, state AGs) 50+ academics, @ConsumerFed, @Public_Citizen, plus @appfairness members.
Now, at last, US state attorneys-general have filed their support. Remember they are suing @Google on similar grounds, so they have an interest in overturning the @Apple judgment. https://twitter.com/...