With the ruling of the Epic v. Apple trial dropping today, we got answers to some of the most pressing legal questions brought up during the proceedings. Sadly, the answer to the question, “What is a video game?” was not among them.
Epic Games CEO Tim Sweeney tried to offer his own definition, but it involved trying to define Fortnite’s creative mode as…not a video game at all:
The fact that this was a question at all during the court proceedings may sound absurd if you’re not familiar with how legal arguments work, but it turns out, agreeing on definitions of important and often common terms is necessary to make a case in court.
“I think game involves some sort of win or loss or a score progression, on whether it is an individual or social group of competitors,” he said. “With a game you’re trying to build up to some outcome that you achieve, as opposed to an open-ended experience like building a Fortnite Creative island or writing a Microsoft Word document. There is no score keeping mechanic and you are never done or you never win.”
It’s just a banana man,” Weissinger replied.
This was brought back up later in the trial when Epic’s attorney countered this joke by asking Epic’s VP of marketing Matthew Weissinger if there was anything inappropriate about Peely without the suit.
During its final ruling, the court stated that it agreed with this characterization of Peely and that it found the suit Agent Peely wore “not necessary but informative.”
- Although US courts cannot define the term “video games,” they will define Fortnite’s disheveled skin.
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