Apple wants Microsoft exec’s testimony to be cut from the Epic Games vs. Apple proceedings

Lori Wright, Vice President of Business Development for Xbox, was one of the industry experts in this week’s Epic Games vs. Apple trial.

However, Apple is now calling for the removal of testimony from records of the discrepancy between her words and the documents provided to Apple’s legal team.

Wright’s testimony on Wednesday provided a definition that categorizes smartphones, computers, etc. into the former category and hardware such as game consoles into the latter, with the aim of establishing the difference between general-purpose devices and special devices. ..

Her testimony was then based on how Apple’s weird streaming service rules forced xCloud to launch via a web app instead of an App Store app, and the idea that the hardware would be sold for a fee or for a loss. Touched on how the Xbox business model was built to ensure that game sales and subscriptions drive real revenue.

The final debate about the unprofitable Xbox hardware sales comes from Apple’s new motion to discover unfavorable credibility. As The Verge discovered and shared, why Apple’s legal team summarizes Wright’s testimony into a handful of predominantly incomplete paper trails.

Part of that comes from the fact that Wright lacked disclosure of Epic’s first witnesses, according to Apple, they say, it’s hard to get relevant documentation from Microsoft.

Another complaint is about the content of her verbal testimony about the Xbox hardware strategy above. Apple claims that Microsoft couldn’t prove whether her statement was right or wrong because it didn’t provide a P & L document that showed exactly how much Microsoft created. For sale (or lose) of Xbox hardware.

Apple said Wright had reviewed the income statement and many other related documents prior to the previous deposit in April of this year, but both she and Microsoft shared these documents with lawyers before and after the deposit. Claims not to.

“This lack of production wasn’t overlooked,” Apple claims.

The content of those same documents was taken up in her testimony this week, but Apple lawyers say the document on which her testimony was based was not provided again.

“For example, Mr. Wright testified about the possible unprofitability of Microsoft’s console business without providing an income statement from a file that may have proved (or disproved) her testimony,” the motion said. Insist. “She also testified about the Xbox cloud gaming, the Xbox console business, and the meeting between Mr. Wright’s team and Apple, all requested by Apple but not submitted to Apple prior to the testimony. The subject of her personal file documentation. “”

Apple has pointed out that it doesn’t think the Xbox’s profitability (or, for that matter, the App Store’s profitability) is particularly relevant to the immediate problem, but the claim is Wright and (April testimony). Permanent failure to provide relevant documentation (for both recording and this week’s testimony) should not be punished.

“Microsoft’s intentional withdrawal of relevant documents is virtually unjustified. Indeed, we are fully aware of the consequences of not providing relevant documents to Apple and do not create anything. I chose, “said Filing.

“Microsoft’s failure is not harmless. Apple’s opportunity to fairly investigate Mr. Wright is gone,” Apple concludes. “The result should be to enter an unfavorable finding of credibility with respect to her entire testimony of Epic’s direct and counter-examination, as explained in a previous order of this court.”

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