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VOA慢速英语2021--Epic与苹果的官司有哪些问题?

时间:2021-05-23 15:28:17

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Apple is fighting a court battle against Epic1 Games that could affect how major technology companies are regulated in the future.

The trial, which began in California on May 3, is expected to last about a month. It centers on whether Apple's control over its App Store system unlawfully locks out competition.

Apple requires that nearly all third-party software developed for iPhones and other iOS devices be released through its App Store. It also requires developers to use Apple's in-app payment system, which charges commissions of up to 30 percent.

Epic, which sells its hugely popular Fortnite video game on the App Store, argues that Apple's requirements establish a monopoly.

The two companies are debating whether Apple has the right to set its own rules, fully2 control its payment system and remove apps from the App Store.

Epic tried to avoid paying Apple by creating its own payment system for Fortnite. But Apple said the action violated its rules and the company kicked Epic out of the App Store. That dispute led Epic to bring the legal action against Apple.

Apple rejects Epic's arguments. It says its payment structure is not unusual in the industry. And it says its commissions are fair in exchange for giving developers access to a worldwide marketplace that it spent $100 billion to build.

Epic's CEO, Tim Sweeney, admitted in court that his company knowingly violated Apple's rules by creating its own payment system for Fortnite. Sweeney said Epic took the action in an effort to prove a point.

"I wanted the world to see that Apple exercises total control over all software on iOS, and it can use that control to deny users' access to apps," he testified. Epic says Apple's system makes it as hard as possible for users to stop buying Apple products and services.

Apple argues that Epic's rules violation3 was an attempt by the company to increase its own profits by benefiting from Apple's massive App Store structure.

Sweeney said in court that Epic is seeking to increase profits through its own app store, which charges 12 percent commissions on in-app sales. While that model is not currently profitable, Sweeney said it could be in the future.

Even though Apple's late co-founder Steve Jobs publicly said the App Store was not expected to make a lot of money when it opened in 2008, it is now highly profitable. It brought in nearly $17 billion in just the first three months of 2021.

A lawyer for Epic, Katherine Forrest, noted4 in court that the App Store's profit margin5 during 2018 and 2019 was 75 to 78 percent.

But having a financially successful App Store does not mean Apple has violated any laws. Most legal experts say Epic has an uphill battle to win the trial.

"I don't think they are likely to win," said Rebecca Haw Allensworth, a law professor at Vanderbilt Law School. However, she said the case may have already served a valuable purpose – "drawing attention to some of Apple's practices that many developers see as abusive."

Larry Downes, with Georgetown University's Center for Business and Public Policy, also predicted a court loss for Epic. "I would certainly say Apple has the stronger case under existing case law," he said.

While Apple may be in a good position to win, regulators around the world are starting to look more closely at the company. As public support for regulating big tech grows in the U.S. and abroad, Epic also launched a public relations campaign to build support for its case. The company has run advertisements accusing Apple of taking a large cut of app sales.

Karen Dunn is a lawyer for Apple. She said that rather than investing in creative solutions, Epic chose to spend money on lawyers, PR and policy advisors6 "in an effort to get all ... the benefits Apple provides without paying."

Joel Mitnick is a former lawyer with the U.S. Federal Trade Commission. He says the biggest threat to Apple's App Store is not court cases, but possible new regulations.

"If it were me, I would be looking at ways in which I could influence what might be inevitable7 changes to the rules under which (Apple) are going to operate," he said.

One judge is to make the decision in this non-jury trial. Experts say the decision will come down to a market definition. Epic's position is that the iPhone and the App Store have grown into an influential8 single market.

Apple argues that the market definition should include other devices, such as computers, or Microsoft's Xbox and Sony's PlayStation gaming machines. Those companies also charge developers a 30 percent commission on payments.

Downes, the Georgetown University expert, said the judge has to place herself in the shoes of consumers.

"If it's not harming consumers, then this is just a contract dispute between two companies, with one of them trying to use (legal action) to renegotiate the terms," he said.

Words in This Story

regulate -v. to bring something under the control of a government or authority

commission -n. a payment made to someone who sells goods that is directly related to the amount sold

monopoly -n. complete control of the entire supply of goods or of a service in a certain area or market

access -n. the right or ability to approach, enter or use

profit margin –n. the difference between the total cost of making and selling something and the price it is sold for

benefit -n. a helpful or good effect

inevitable -adj. sure to happen

consumer -n. a person who buys goods and services


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1 epic ui5zz     
n.史诗,叙事诗;adj.史诗般的,壮丽的
参考例句:
  • I gave up my epic and wrote this little tale instead.我放弃了写叙事诗,而写了这个小故事。
  • They held a banquet of epic proportions.他们举行了盛大的宴会。
2 fully Gfuzd     
adv.完全地,全部地,彻底地;充分地
参考例句:
  • The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气,然后全部呼出。
  • They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。
3 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
4 noted 5n4zXc     
adj.著名的,知名的
参考例句:
  • The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
  • Jim is noted for arriving late for work.吉姆上班迟到出了名。
5 margin 67Mzp     
n.页边空白;差额;余地,余裕;边,边缘
参考例句:
  • We allowed a margin of 20 minutes in catching the train.我们有20分钟的余地赶火车。
  • The village is situated at the margin of a forest.村子位于森林的边缘。
6 advisors 9c02a9c1778f1533c47ade215559070d     
n.顾问,劝告者( advisor的名词复数 );(指导大学新生学科问题等的)指导教授
参考例句:
  • The governors felt that they were being strung along by their advisors. 地方长官感到他们一直在受顾问们的愚弄。 来自《现代汉英综合大词典》
  • We will consult together with advisors about her education. 我们将一起和专家商议她的教育事宜。 来自互联网
7 inevitable 5xcyq     
adj.不可避免的,必然发生的
参考例句:
  • Mary was wearing her inevitable large hat.玛丽戴着她总是戴的那顶大帽子。
  • The defeat had inevitable consequences for British policy.战败对英国政策不可避免地产生了影响。
8 influential l7oxK     
adj.有影响的,有权势的
参考例句:
  • He always tries to get in with the most influential people.他总是试图巴结最有影响的人物。
  • He is a very influential man in the government.他在政府中是个很有影响的人物。

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