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It's an excuse that conveniently lets Apple rake in tens of billions of dollars in 'supercompetitive profits' from a billion iPhone users, Epic counsel Tom Goldstein argued. A convenient excuse?įrom Epic's perspective, though, the security justification for Apple's App Store policies is nothing more than an 'excuse to remove all competition' in the market for iOS app transactions. Those kinds of 'pro-competitive' security features Apple offers with its App Store restrictions legally outweigh the 'minor anti-competitive effects' iOS app developers face on the platform, Perry said.

By doing so, though, those users 'open themselves up to more intrusion' compared to an iPhone, he argued.

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Users who want the more open system that Epic is fighting for can already buy an Android phone and choose from a variety of App Stores, Perry said. Providing superior user safety, Perry said, is a key 'non-price feature' that helps set the iPhone apart from its Android-based competition. While Epic argued that the iPhone's walled garden 'only keeps out competition,' Perry shot back that 'what's kept out by walled gardens is fraudsters and pornsters and hackers and malware and spyware and foreign governments.' Advertisement If the Mac App Store was the equivalent of a lap belt, the iOS App Store, with its costly human review system, is 'a six-point racing harness,' Perry said. Computers are buggy, they crash, they have problems.

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Based on its experience managing software security and privacy on Macs, Apple decided it 'did not want the phone to be like a computer. In defending Apple's position, counsel Mark Perry argued that the company's restraints on iOS app distribution were put in place from the beginning to protect iPhone users. In the end, though, the core arguments before the appeals court once again centered on issues of walled gardens, user lock-in, and security versus openness in platform design.

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The hearing was full of arcane discussion of legal standards and procedures for reviewing the case and its precedents, as well as input from state and federal governments on how the relevant laws should be interpreted.

But that doesn't mean the case is settled, as both sides demonstrated Monday during oral arguments in front of the 9th Circuit Court of Appeals. It has been over a year now since a US District Court ruled that Apple did not violate antitrust law by forcing iOS developers ( like plaintiff and Fortnite-maker Epic Games) to use its App Store and in-app payments systems.

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