Apple files 'adverse credibility finding' against Xbox VP's testimony

[Cal Jeffrey]

In brief: In the opening week of Epic v. Apple, Epic's lawyers pulled out the big guns calling console makers Sony and Microsoft to the stand. However, Apple countered by filing a motion to strike the latter's testimony for not producing supporting documentation.

Last week, Vice President of Xbox Business Development Lori Wright testified that Microsoft does not, nor has it ever profited from Xbox sales. She claimed that most of Xbox's revenue stems from Xbox Live and Game Pass subscriptions, with a smaller portion coming from a 30-percent commission from sales in its digital storefront.

On Thursday, Apple filed a motion asking for an adverse credibility finding in Wright's assertions. If granted, Judge Yvonne Gonzalez Rogers would strike Wright's entire testimony from the record as being not credible. Apple lawyers assert that they did not receive relevant files that supports her claims. Such documentation would have included profit and loss statements for the Xbox division.

Apple's motion for an adverse credibility finding via DocumentCloud

"Ms. Wright testified in her deposition and confirmed at trial that she has documents in her files relevant to the issues on which she testified regarding important, disputed issues in this case," the filing reads. "These include, for example, Xbox profit and loss ("P&L") statements that might have shed light on Ms. Wright's unsupported assertion that the Xbox console business is unprofitable."

Despite Wright admitting that she reviewed documentation in preparation for her deposition, Microsoft "intentionally withheld" the supporting evidence. Apple says this forced its counsel to cross-examine Wright "with one arm tied behind its back" since it did not have the financial statements that may have contradicted her testimony.

The Verge notes that documentation has been an issue throughout the legal battle. Many of the filings uploaded to the public Box folder have been removed and sealed. Almost daily public filings are pulled to the point that Vox has created a mirror to keep track of the proceedings.

Wright admitted in court that "Microsoft has a large financial incentive to support Epic," but it seems reluctant to go as far as revealing sensitive financial information to its competitor.

Image credit: Mundissima

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https://www.techspot.com/news/89618-apple-files-adverse-credibility-finding-against-xbox-vp.html

 

[Dimitriid]

I'm not saying that Microsoft is above just committing perjury to help their case indirectly. However it seems to me like Apple's strategy in court looks pretty much the same it looks outside of court: We. Know. Better. Better than rival companies, better than even expert testimony or judges. They just are apparently incapable of ever being wrong and it must be than everybody else but them is wrong, always.

Not a lawyer so obviously I have no idea of how good of a legal strategy this will be, it's certainly costly and I think part of their strategy is just making this as expensive as possible for everybody involved to deter scrutiny, but they seem to be dangerously close to just piss off important people like Judges and such and that's possibly not good?

 

[DZillaXx]

Apple is looking pretty desperate this last week.

iPhones are a General Purpose Device running a General Purpose OS.

It should have the ability to use a 3rd party app store like any other General Purpose OS. Its not like Android forces users to use the play store, and windows doesn't force users into the MS Store. Options are a good thing, and its funny to try and see Apple Defend their anticompetitive ways.

 

[punctualturn]

SIDELOADING IS COMING!!

Thanks Epic.

And I hope that Apple gets railed badly by the courts.

 

[duckofdeath]

So, Can Epic file the same complaint against Apple for constantly withholding relevant information? It's not the responsibility of the witness to tell the lawyer what to ask.

 

[Cal Jeffrey]

I'm not saying that Microsoft is above just committing perjury to help their case indirectly. However it seems to me like Apple's strategy in court looks pretty much the same it looks outside of court: We. Know. Better. Better than rival companies, better than even expert testimony or judges. They just are apparently incapable of ever being wrong and it must be than everybody else but them is wrong, always.

Not a lawyer so obviously I have no idea of how good of a legal strategy this will be, it's certainly costly and I think part of their strategy is just making this as expensive as possible for everybody involved to deter scrutiny, but they seem to be dangerously close to just piss off important people like Judges and such and that's possibly not good?

Yeah. I'm not a lawyer either, but it's a sound legal strategy on Apple's part. Wright's testimony without paper to back her up amounts to not much more than "Consoles are unprofitable because I say they are." I'd be surprised if the the testimony isn't stricken without prejudice (meaning Microsoft can have it reinstated if it produces the documents). But I feel Apple knew M$ would not want to reveal those figures, so was gambling on the hope it would continue to withhold. It's kind of a win-win for Apple because either the testimony is thrown out or it gets a peek at Xbox earnings.

 

[Inthenstus]

This is making me regret buying an iPhone the more and more Apple squeal about this.

 

[terzaerian]

Guess Apple shouldn't have spent so much effort subpoenaing Steam. Sit and spin, Cupertino!

 

[terzaerian]

I'm not saying that Microsoft is above just committing perjury to help their case indirectly. However it seems to me like Apple's strategy in court looks pretty much the same it looks outside of court: We. Know. Better. Better than rival companies, better than even expert testimony or judges. They just are apparently incapable of ever being wrong and it must be than everybody else but them is wrong, always.

Apple: By Karens, For Karens