Epic v. Google: everything we learned in Fortnite court
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“By taking away one part of what I’ve proposed, the effectiveness of the other part declines,” says Bernheim, answering the judge’s question about why he didn’t bring all these proposals before.
“The choice was presented to me that if you want these provisions, which of these do you want? Do you want the ones that are going to provide the better opportunities for competitions to survive, that were in my proposals, or the ones that allow competition to get jumpstarted, which were also in my proposals, which do you pick?”
He seems to be saying that Judge Donato didn’t pick enough of them to make a real dent when he issued his permanent injunction, and didn’t make it last long enough or apply around the world, and so what he truly wanted for competition isn’t happening anyways. So the new settlement is overall better, he’s arguing.
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