> Shouldn't a judge look at what is allowed by the law, instead of being the devil's advocate and say "those guys have done it for years, so it's fine"?
I haven't been able to find the actual details yet, but from what I can gather, this is not the actual hearing.
Right now, the judge's job isn't to determine whether Apple's terms were illegal, or whether Epic breached those terms with Apple.
The judge is deciding whether or not Apple should be injuncted from booting Fortnite from the App Store, and whether or not the matter should proceed to trial.
It's less about black-letter law, and more about judicial discretion (albeit exercised very conservatively). So this type of looser language is to be expected.
I haven't been able to find the actual details yet, but from what I can gather, this is not the actual hearing.
Right now, the judge's job isn't to determine whether Apple's terms were illegal, or whether Epic breached those terms with Apple.
The judge is deciding whether or not Apple should be injuncted from booting Fortnite from the App Store, and whether or not the matter should proceed to trial.
It's less about black-letter law, and more about judicial discretion (albeit exercised very conservatively). So this type of looser language is to be expected.