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Itch.io describes itself as "an open marketplace for independent digital creators with a focus on independent video games." Generally, the store is known as a go-to destination for fans of video games who appreciate outsider art or experimental projects. How Itch.io factors into the legal proceedings matters less than the characterization of the indie store as some kind of hotbed for subversive and deeply problematic content. At one point, the attorney suggested that some of the games appearing there "are so offensive we cannot speak about them here."
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Itch.io, Apple argued, is a storefront that's flooded with "offensive and sexualized" content of the sort that would typically be barred from the iOS App Store. Apple seized the example to help bolster its point that the iOS App Store offers value in the form of curated content. When Apple's attorney questioned EGS general manager Steve Allison, who took the stand on Friday, the discussion turned toward this secondary storefront that Epic added to its store in late April. But the thing that makes Itch.io different is what Apple zeroed in on in court.
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It might seem a little strange for a game store to give its users the ability to download a different game store.
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See, Epic operates the Epic Games Store (EGS), a storefront for PC gamers that also happens to host a small handful of non-gaming apps, including the Brave web browser, the Discord chat app, and yes, the software client for Itch.io's storefront. But I do want to spare some thought for Itch.io, which got roped into the court proceedings on Friday. I'm not here to weigh in on who's right and wrong in a legal war fueled by the immense wealth of two massive companies better to deal with the fallout once it's all over. Apple, meanwhile, maintains that its policy barring competing storefronts from the App Store is necessary and justified by the service it provides in offering a curated and secure experience that is ostensibly free from fraud.
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Epic contends that Apple's restrictive policy which carves out 30 percent of most in-app sales for the iPhone maker, are anti-competitive and therefore illegal. The dispute sees two multi-billion dollar companies duking it out over in-app purchasing. There's a decent chance that you never heard the name "Itch.io" until Apple painted a less-than-complete picture of the indie games store on Friday, during its ongoing legal tussle with Epic Games.
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