Sunday Reboot: Failed delays, late homework, and Fortnite

In this week's Sunday Reboot, Apple employs unusual delay tactics in its Epic lawsuit filing, while Epic remains dissatisfied with Apple's proposals. The saga, which AppleInsider has covered for half of its tenure, continues to generate interesting updates, despite being a regular occurrence. Recently, there have been delays, availability issues, and associated fees in the case.

The story begins with Apple and Epic agreeing on a pre-court schedule in May for negotiating new commission rates for app transactions, known as "linked-out purchases." Apple was given 45 days to file a proffer, proposing commission rates and decision-making process details in a 30-page document. Epic would then receive non-privileged documents and a privilege log, with discussions on what to include in third-party review.

Apple and Epic were to meet to discuss the privilege log within five days of the document production completion.

However, Apple requested a stay on the 45-day proffer deadline on Tuesday, and the court granted it, giving Apple just 24 hours to come up with a response. On Wednesday, Apple was given another 24 hours. Tim Sweeney, the CEO and founder of Epic Games, responded to the news with a lighthearted comment on X, questioning if Apple would honestly document costs for human reviewer time or fabricate new cost notions.

On Thursday, Apple submitted the proffer, raising questions about the purpose and necessity of the delays. The proffer aimed to detail Apple's proposed external commission rates, with the original proposal of 27% vs. 30% from the App Store being deemed inadequate. The new proposal offers lower percentages, benefiting developers in terms of revenue. However, Epic still deems the fees too high, with an ideal fee level being closer to 0%.

Epic's Newsroom feed expressed dissatisfaction with the concessions, stating that even these deals are beyond the Ninth Circuit's guidance on permissible fees. The full extent of the fees will be determined when Epic files its response, which could take up to 60 more days or result in further delays.