Re:Apple vs. Epic hearing previews a long, hard-fought trial...
by scarface74 on Monday September 28, 2020 @08:37PM
(#24622889)
If the judge were on HN she would get downvoted to oblivion for making the following argument.
> "If we look at this plaintiff and industry, walled gardens have existed for decades, Nintendo has had a walled garden. Sony has had a walled garden. Microsoft has had a walled garden... In this particular industry, what Apple is doing is not much different... It's hard to ignore the economics of the industry, which is what [Epic is] asking me to do."
This point is particularly interesting:
> Going forward, though, Rogers said that she felt "this case should be tried to a jury... I think it's important enough to understand what real people think. Do these security issues concern people or not? Are the concerns of the developers incredibly important? I think many people would feel it is. I do think that this is something for which jury insights would be important. Otherwise it's just one more judge."
How would it (this or another case) be brought to a jury? I'm asking as I don't know how this sort of thing might happen - can it just be "requested" by one of the two sides, or are there other conditions that need to be fulfilled too?