To a sociologist, lawsuits are simply another form of negotiation.

They often are; many get settled out of court.

Qualitatively different. Apple's cant risk looking weak here because this issue went to court. Epic could have had an out of court settlement with much better terms.

I didn't say that Epic games was negotiating WELL. :-) I just said "it's a negotiation" that Epic games happens to be losing at the moment.

Objectively speaking, all negotiations seek to bring about change. The parties use whatever tools they have at their disposal and start the conversation wherever their experience, tools, and ethical bent leads them.

Epic games (AFAIK) started (the public portion of) this conversation by violating terms that Apple set forth in a contract that Epic games agreed to. Apple is defending their contract with their behavior. They have the stronger position unless the law comes to the aid of Epic games (which is what I'm assuming Epic games hopes to induce).

Sidenote: The only law capable of negating a contract is a bankruptcy. Neither party has declared bankruptcy. I have a feeling the law is going to be on Apple's side too.