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Re:Apple countersues Epic, seeks punitive damages by kevingadd on Tuesday September 08, 2020 @04:53PM (#24413218)
Their whole argument is that the agreement shouldn't be enforceable, which is why they sued first. Naturally, that means they signed the agreement.
Re:Apple countersues Epic, seeks punitive damages by toomuchtodo on Tuesday September 08, 2020 @04:58PM (#24413279)
Sounds like, at least temporarily, the court believes the agreement to be enforceable.

>In a ruling late last month, Judge Yvonne Gonzalez Rogers largely rejected similar arguments Epic made in seeking a restraining order against Apple regarding Fortnite development on iOS. There was no "irreparable harm" to Epic, Rogers wrote, because "the current predicament appears of [Epic's] own making."

> "Your client created this situation," Rogers told lawyers for Epic in an August hearing. "Your client does not come to this action with clean hands... in my view, you cannot have irreparable harm when you create the harm yourself."

> "The court recommended that Epic comply with the App Store guidelines while their case moves forward, guidelines they’ve followed for the past decade until they created this situation," Apple said in a statement earlier this month." Epic has refused. Instead they "repeatedly submit Fortnite updates designed to violate the guidelines of the App Store."

EDIT: @gpm The status quo you refer to is Epic abiding by the agreement they argue is unenforceable. I have to be mindful about my reply quantity, HN throttles me otherwise, hence the edit.

https://arstechnica.com/gaming/2020/08/judge-issues-restrain...

Re:Apple countersues Epic, seeks punitive damages by gpm on Tuesday September 08, 2020 @05:01PM (#24413319)
Irreparable harm here means no harm that would be caused by not granting a temporary restraining order that could not be fixed by granting a preliminarily injunction later, or cured in a final ruling. It does not mean there is no harm (edit: Or that the agreement is enforceable).

The idea is just that the judge is generally going to maintain the status quo during the TRO phase (this policy exists because there has been such little time for legal argument at the point that a TRO is requested).

I don't see that any of these quotes are at all responsive to the person you are responding to.

> EDIT: @gpm The status quo is Epic abiding by the agreement they argue unenforcable.

Heh, just so you know you can reply to new comments by clicking on the timestamp and then clicking reply.

Anyways, I think I must be missing your point? The person you replied to appeared to be arguing about what the final ruling should be not about whether or not a TRO should be granted (which is where the status quo arguments come in).