Apple uses Itch.ios offensive and sexualized games as a cudgel against Epic

Apple attorney: On April 22nd of this year, Epic Games Store added the Itch.io app to its store.

Steve Allison, Epic Games: Yes.

Attorney: You’re aware of that.

Allison: I am.

Attorney: And you’re aware that Itch.io is a third-party app store.

Allison: I am.

Attorney: And the court has also heard that Itch.io was added without reviewing all the games. You’re aware of that.

Allison: Yes.

Attorney: And are you aware, sir, that Itch.io includes so-called adult games, such as a game called Sisterly Lust?

Allison: I am not.

Attorney: You may not be aware then, but the description of that game includes a list of fetishes which include many words that are not appropriate for us to speak in federal courts. Are you aware of that?

Allison: I am not.

Attorney: And the list goes on. There are many games on Itch.io, I won’t even read the names out loud, but they are both offensive and sexualized. You are not aware of that?

Allison: Itch.io is an app store that is not the Epic Games Store. Itch is distributing Itch.io games. Epic is only distributing the App Store Itch.io.

Attorney: And Itch.io is now available as an app on the Epic Games Store, correct?

Allison: Yes.

Attorney: And those apps on Itch.io have not gone through any review process whatsoever. Correct?

Allison: They are subject to whatever process Itch.io puts in front of their devices.

Attorney: Right. So Epic Games, you’re sure, is on the hook for whatever process Itch.io puts in place to review these games that are so offensive we cannot speak about them here, correct?

Allison: I disagree with that statement.

Judge Rogers: So can you or can you not access those apps through your app store?

Allison: You cannot access those apps through the Epic Games Store, no. You can access those apps through their application, which that is what we are downloading: Itch.io, which is an app store. [Users] have their own account with them, and you use their store and are subject to their end user agreement.

Judge Rogers: So if I have a phone and your app store was on that phone, that other store could be downloaded which has all of this offensive material.

Allison: Not on your phone. The app could be downloaded onto your PC and you could access their app on your PC.

Judge Rogers: But that’s what you want to do on a phone too. That’s what I understand.

Allison: I don’t know that we would want to do that with Itch.io [on a phone].

Judge Rogers: But you’re doing it now, so I could access it on my PC, right?

Allison: Yes.

Judge Rogers: And this lawsuit’s about your ability to do it on your phone, right?

Allison: Yes.

Attorney: And just so we’re clear, sir, you can go to Epic Games Store, click Itch.io, and download the offensive games. Are you aware of that?

Allison: You can go to the Epic Game Store launcher, and you can launch Itch.io, which takes you out of the Epic Games Store and launches their application. You are then subject to their user agreement and you are in the Itch.io ecosystem.

Attorney: And you said to the court just a second ago that you wouldn’t want to do that with Itch.io, you wouldn’t want to put Itch.io on the phone.

Allison: I don’t know that we would or we wouldn’t. I don’t even know that it’s available as a mobile application.

Attorney: Because the reason that you said that to the court is because you’re recognizing that this is offensive and sexualized conduct that can be accessed.

Allison: I disagree with that statement.

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