Epic v. Apple judge rules Fortnite’s Peely can appear naked in court

Epic v. Apple judge rules Fortnite’s Peely can appear naked in court




One of the more bizarre moments of this year’s Epic v. Apple trial was when proceedings got derailed by an exchange about whether Peely the banana — a recurring Fortnite character — should be expected to wear clothes in court. Apple suggested Peely ought to wear clothes in federal court and showed him in a tuxedo; Epic argued the suit was unnecessary. And you better believe the judge’s ruling, released today, has come to a final conclusion.
With respect to the appropriateness of Peely’s “dress,” the Court understood Apple merely to be “dressing” Peely in a tuxedo for federal court, as jest to reflect the general solemnity of a federal court proceeding. As Mr. Weissinger later remarked, and with which the Court agrees, Peely is “just a banana man,” additional attire was not necessary but informative.
The moment in question came on day six of the trial, when Apple’s attorney was cross-examining Matthew Weissinger, Epic’s VP of marketing, in order to offer a tutorial of how exactly Fortnite works. During the exchange, Apple’s attorney noted that they’d chosen to show Peely in his “Agent Peely” guise, since “We thought it better to go with the suit than the naked banana, since we are in federal court this morning.”
Now, obviously, this was a joke. It was a small lighthearted moment during an antitrust-focused court case. But after Apple criticized Epic for hosting the Itch.io storefront and with it, its “so-called adult games,” Epic’s attorney simply couldn’t let Apple get away with implying that its naked banana was inappropriate.
“If we could just put on the screen a picture of Peely — is there anything inappropriate about Peely without clothes?” Epic’s attorney asked Weissinger two hours later.
“It’s just a banana man,” Weissinger was forced to respond. (NB: We originally transcribed this exchange as “just a banana, ma’am,” but the court’s transcription is final).
In the end, Judge Yvonne Gonzalez Rogers’ judgement sensibly points out what basically everyone understood at the time: Peely’s “just a banana man” and “additional attire was not necessary.” Checkmate, Apple.
You can check out the relevant section for yourself on page eight of the document below. Neither Epic nor Apple have publicly stated whether they plan to appeal this portion of the judgement.


ADVERTISEMENTS



Share This on Facebook

Up Next:
MaxRewards banks $3M to reveal best payment methods that reap the most rewards –

MaxRewards banks $3M to reveal best payment methods that reap the most rewards –

When Anik Khan graduated from college, his first job was working on credit cards and business expenses at Accenture. There, he found that someone could bring in a couple of thousand dollars just by having the right credit cards and following the rewards and promotions. It was back in 2017 when he and David Gao got the idea for his company MaxReward... Read More



Related Topics: