Daily Tech News Show Apple (Mostly) Loses in Its Epic Games Appeal - DTNS 5164
Dec 12, 2025
Scott Johnson, a longtime video game commentator and host of Frogpants (Core), dives into the implications of the Ninth Circuit's ruling against Apple regarding anti-steering rules. He highlights the Game Awards as a sign of a potential gaming slowdown, discussing surprising reveals like Divinity 3 and the underwhelming nature of some announcements. The conversation also touches on broader trends in the industry, reflecting on the decrease in major game reveals and the future of game development post-pandemic.
AI Snips
Chapters
Transcript
Episode notes
Court Affirms Steering Rule, Sends Fee Back
- The Ninth Circuit found Apple willfully violated the anti-steering injunction by using a 27% external link commission that nullified steering benefits.
- The court kept the link/steering requirement but sent fee reasonableness back to the district court to set a lesser, compensatory fee.
27% Fee Called 'Junk Fee' By Court
- The court called Apple's 27% structure effectively a junk fee that erased any benefit of steering users to outside payments.
- That assessment created the clear-and-convincing evidence basis for civil contempt findings.
'Reasonable' Fee Creates New Legal Battles
- 'Reasonable' fees are intentionally fuzzy and will require further judicial definition.
- That fuzziness guarantees more litigation as parties test how much fee Apple may claim.