During Monday's hearing on Epic's request for an injunction that would force Apple to return Fortnite to the iOS App Store while the legal action between them proceeds, the judge presiding over the matter said she'd prefer that the lawsuit be tried in front of a jury. In a filing made the following day, Epic and Apple were actually able to find common ground on something: They'd prefer not to bring a jury into it."During the September 28, 2020, hearing on Epic´s Motion for a Preliminary Injunction, the Court indicated that it '[did not] want to try two cases' and was 'inclined to try both cases at once,' and asked the parties to inform the Court by 5:00 PM PT on September 29, 2020, whether either party demands a jury trial," the filing states."Epic and Apple have met and conferred, and the parties agree that Epic´s claims and Apple´s counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic´s consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court."The comment about "two cases" is a reminder that there actually two separate actions going on here: Epic's lawsuit against Apple over "monopolistic practices" on the App Store, and Apple's breach of contract countersuit against Epic. Apple had initially demanded a trial by jury in its lawsuit.A bench trial is one in which a judge, rather than a jury, hears the case and delivers a finding. The American Bar Association says that despite what you may have seen on television, bench trials are actually more common in civil matters than jury trials. In theory, a judge should be better equipped to follow complex legal arguments than a jury.A trial date has not yet been set, but the judge in the case said yesterday that it likely won't take place until July 2021.
I don't usually use licensed parts on my Rocket League cars, because they're the videogame equivalent of shirts purchased at Disneyland or given away at a convention, and I like to believe that I'm more ..
In August, Vampire: The Masquerade – Bloodlines 2 developer Hardsuit Labs announced that it had parted ways with both lead writer Brian Mitsoda and creative director Ka´ai Cluney. Reasons for their release ..
Intel has agreed to sell its memory and storage business to SK Hynix for $9bn, or 10.3tr KRW. Intel's memory business includes all of its solid-state drives, NAND flash, and even a fab in northeastern ..
You can also watch the trailer on our YouTube channel. MicroProse, originally co-founded by Sid Meier almost 40 years ago, made a surprising return this year. It looks like it's picked up where it left ..
I was looking forward to the launch of Psychnonauts 2 next year. Not anymore!On Twitter, Double Fine shared some concept art from the game's Brain in a Jar world, explaining that it originally had a darker ..
The transition from USB Type-A to USB Type-C has not exactly been an expeditious one, mostly because the market is already flooded with devices built around the former. That's why even the newest cutting ..
Nvidia is promising 12 more games with ray tracing this year, including a few we didn't know were coming until just now. Pumpkin Jack and Ghostrunner have both been confirmed today with support for ray-traced ..
If you fancy wandering around the spooky ruins of BioShock's Rapture in VR and shooting headcrabs, boy have I got the mod for you. Return to Rapture (cheers, UploadVR) is a Half-Life: Alyx mod created ..
I don´t know about you, but I feel the very real, very intense interior design burden that walls have on my television placement. Thankfully, for the lucky few of us who currently live in Korea and fall ..
Today marks the arrival of Doom Eternal's first DLC, part one of the two-part 'The Ancient Gods' campaign, which you can play whether you own the main game or not (it's a standalone expansion). And right ..
If you fancy wandering around the spooky ruins of BioShock's Rapture in VR and shooting headcrabs, boy ..
The cuts are about 24% of the company’s workforce
President Donald Trump's tax records show he has pursued expansive business projects in China for years ..
A telescope in the back of a 747 finally puts to rest a longstanding question about lunar water.
Apple's new iPhone 12 Pro Max is equipped with a 3,687 mAh battery, which is around 7% less capacity ..
Floridians experienced a record-breaking first day of early voting in anticipation of the upcoming November ..
Azerbaijan’s Turkish and Israeli drones are wiping out tanks, artillery, and soldiers as the Armenians ..
Two weeks from Election Day, the president picked a fight with the country’s most popular television ..
"The NYPD has a history of officers making political & outside the norm statements & ignoring it," the ..
In August, Vampire: The Masquerade – Bloodlines 2 developer Hardsuit Labs announced that it had parted ..