You are then subject to their user agreement and you are in the Itch.io ecosystem.Īttorney: 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.Īllison: I don’t know that we would or we wouldn’t. Are you aware of that?Īllison: 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.

Judge Rogers: And this lawsuit’s about your ability to do it on your phone, right?Īttorney: And just so we’re clear, sir, you can go to Epic Games Store, click Itch.io, and download the offensive games. Judge Rogers: But you’re doing it now, so I could access it on my PC, right? That’s what I understand.Īllison: I don’t know that we would want to do that with Itch.io. Judge Rogers: But that’s what you want to do on a phone too. The app could be downloaded onto your PC and you could access their app on your PC. 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.Īllison: Not on your phone. have their own account with them, and you use their store and are subject to their end user agreement. You can access those apps through their application, which that is what we are downloading: Itch.io, which is an app store. Judge Rogers: So can you or can you not access those apps through your app store?Īllison: You cannot access those apps through the Epic Games Store, no. 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? Correct?Īllison: They are subject to whatever process Itch.io puts in front of their devices.Īttorney: Right. Epic is only distributing the App Store Itch.io.Īttorney: And Itch.io is now available as an app on the Epic Games Store, correct?Īttorney: And those apps on Itch.io have not gone through any review process whatsoever. You are not aware of that?Īllison: Itch.io is an app store that is not the Epic Games Store. There are many games on Itch.io, I won’t even read the names out loud, but they are both offensive and sexualized. Are you aware of that?Īttorney: And the list goes on. You’re aware of that.Īttorney: And are you aware, sir, that Itch.io includes so-called adult games, such as a game called Sisterly Lust?Īttorney: 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. Apple attorney: On April 22nd of this year, Epic Games Store added the Itch.io app to its store.Īttorney: And you’re aware that Itch.io is a third-party app store.Īttorney: And the court has also heard that Itch.io was added without reviewing all the games.

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