Earlier this week Judge Rogers ruled on the latest injunction requested by Epic against Apple. It didn’t go well for Epic. In fact it reminded me a lot of an old mafia story that my 8th grade Latin teacher once told the class.
It was said that when the Italian Mafia really despised an enemy. They didn’t want to just kill him. They wanted to ensure that he would burn in hell for all eternity. So what they’d do for these especially hated victims is this. They’d hire a prostitute to seduce their mark. They’d lure him into committing fornication, and then they’d kill him immediately afterwards. The thinking was that killing him in sin before he had a chance to go to confession or ask for forgiveness ensured his eternal punishment. Now that’s harsh.
The interesting tidbit that came out of Monday’s court hearing was that Judge Rogers recommended that Epic v Apple be decided by a jury instead of a judge. I was taken by surprise by this at first. Why wouldn’t a judge take the opportunity to slap down this ridiculous lawsuit by Epic? Why take the chance that random people off the street might get this wrong?
Then I’m reminded of what the mafia would do when they really hated someone. They tried to screw them in the afterlife too. I suspect the judge really despises Epic and wants to short-circuit their post-trial plans. Judge Rogers doesn’t just want to slap down Epic’s frivolous lawsuit, she wants to crush their appeal too. A trial by jury would help solidify the verdict and make an appeal less likely. That would put an end to Epic using the court system to gain free publicity.
The courts don’t make law. They simply interpret it. That’s why the judge is willing to turn this over to a jury. There is nothing in current standing law that puts Apple in any danger. It doesn’t matter which judge or jury hears this case, Epic is going to lose. And when they do, they’ll appeal. Epic knows that anything which involves Apple gets tremendous media coverage. Epic wants to be in the eye of the media with free coverage for the next 5 years.
It’s really an excellently devious plan by Epic. One the judge would like to quash. A trial by jury would not only hand Epic a defeat but make their appeal less likely to be successful. Mafia style. Kill the lawsuit and ruin it’s future afterwards.
Both Apple and Epic quickly demurred from having a jury trial. I’m not surprised at Apple’s objection. The last thing they want is a 7-11 cashier deciding a billion-dollar issue that could fundamentally shake the company. But Epic’s objection shocked me. It tells me that they’re not blind to the fact that they’re going to lose. They really want that appeal and the ability to stay in the limelight for a few years.
If Epic really wants to change the status quo their best bet is with congress, not the courts. Current law is favorable to Apple. Apple has a 15% market share and they don’t act any different than any other company. What Epic needs is for an activist congress to pass new laws which apply anti-trust thinking to niche segments of the broader market.
Because at the end of the day, Apple is simply a niche maker of premium devices. They aren’t the default standard in either the consumer or enterprise markets. Those positions go to Android and Windows.
The interesting tidbit that came out of Monday’s court hearing was that Judge Rogers recommended that Epic v Apple be decided by a jury instead of a judge. I was taken by surprise by this at first. Why wouldn’t a judge take the opportunity to slap down this ridiculous lawsuit by Epic? Why take the chance that random people off the street might get this wrong?
Then I’m reminded of what the mafia would do when they really hated someone. They tried to screw them in the afterlife too. I suspect the judge really despises Epic and wants to short-circuit their post-trial plans. Judge Rogers doesn’t just want to slap down Epic’s frivolous lawsuit, she wants to crush their appeal too. A trial by jury would help solidify the verdict and make an appeal less likely. That would put an end to Epic using the court system to gain free publicity.
The courts don’t make law. They simply interpret it. That’s why the judge is willing to turn this over to a jury. There is nothing in current standing law that puts Apple in any danger. It doesn’t matter which judge or jury hears this case, Epic is going to lose. And when they do, they’ll appeal. Epic knows that anything which involves Apple gets tremendous media coverage. Epic wants to be in the eye of the media with free coverage for the next 5 years.
It’s really an excellently devious plan by Epic. One the judge would like to quash. A trial by jury would not only hand Epic a defeat but make their appeal less likely to be successful. Mafia style. Kill the lawsuit and ruin it’s future afterwards.
Both Apple and Epic quickly demurred from having a jury trial. I’m not surprised at Apple’s objection. The last thing they want is a 7-11 cashier deciding a billion-dollar issue that could fundamentally shake the company. But Epic’s objection shocked me. It tells me that they’re not blind to the fact that they’re going to lose. They really want that appeal and the ability to stay in the limelight for a few years.
If Epic really wants to change the status quo their best bet is with congress, not the courts. Current law is favorable to Apple. Apple has a 15% market share and they don’t act any different than any other company. What Epic needs is for an activist congress to pass new laws which apply anti-trust thinking to niche segments of the broader market.
Because at the end of the day, Apple is simply a niche maker of premium devices. They aren’t the default standard in either the consumer or enterprise markets. Those positions go to Android and Windows.
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