Why didnt epic sue microsoft sony or nintendo – Breaking News & Latest Updates 2026
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Epic v. Google: everything we learned in Fortnite court

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Why didn’t Epic sue Microsoft, Sony, or Nintendo?

We’re now hearing a taped deposition of Epic CFO Randy Gelber from September 2022, and we’re hearing an interesting question indeed — one that cuts both ways if you’ve been following each party’s narrative so far.

Gelber replies:

We believe those to be competitive markets and we believe that the fee, their cost structure, is entirely different than a mobile app store.

How is the cost structure different?

Well, they subsidize hardware, so they sell their hardware, as far as I can tell from widely published reports, at a loss, and so the fee needs to cover that. Mobile apps are typically low in size and so their costs are higher, and I think their customer service costs are higher because people don’t call Google about apps, they call the developer generally...

There are “multiple competitors on console,” he says.

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