The Epic versus Apple trial kicked off its second week today, finishing up cross examination with Epic head of marketing Matthew Weissinger. In continued discussion of Epicās unspeakable inappropriateness, Appleās lawyer had some questions about Fortniteās cursed banana, Peely
Appleās lawyer was going over the Fortnite mode select screen with Weissinger, establishing that Fortnite is in fact a game that exists. (Earlier in cross-examination, the lawyer noted that even though Weissinger is the last of Epicās witnesses, Epic has yet to show Fortnite to the court. What could it mean?!) They went through the various game modes before getting to the squad select screen, at which point Appleās lawyer described for court and call,
āWe have a large yellow banana here in a tuxedo.ā
āYes, that is Peely,ā Weissinger said.
āAnd thatās Peely, did you say?ā the lawyer continued, clearly swallowing the Lovecraftian dread consuming him at the sight of the beast. āAnd in fact in the tuxedo heās known as Agent Peely, correct?ā
āThatās correct.ā
āWe thought it better to go with the suit than the naked banana since we are in federal court this morning,ā the lawyer said.
From there they moved on to discussing whether or not Agent Peely was exclusive to a particular seasonās battle pass, mind-bendingly declining to finally ask Epic why it decided to create the horror of Peely, unleash it on the world, and then continue to iterate onincreasingly monstrous versions of Epicās flagship nightmare monster. But at least weāve established that Peely is unfit for polite human company, something I have been insisting on for years. I donāt know who will win this case, but if the federal legal system canāt stop Peely, what hope is there for the rest of us?
Update, 5/10/21, 2:03pmāEpicās lawyer spoke to Weissinger again, and she too had questions about Peely. Calling her line of questioning āa little bit of a digression,ā she said,
āThere might have been an implication that to show Peely without a suit would have been inappropriate, do you recall that?ā Weissinger did. āIs there anything inappropriate about Peely without a suit?ā
āNo there is not,ā he replied. Admittedly, this is true: Peely naked and Peely clothed are equally horrifying.
Bringing up a picture of Peely, Epicās lawyer asked, āIs there anything inappropriate about Peely without clothes?ā
Faced with one of the great existential questions of our time, Weissinger considered deeply before replying,
ā…Itās just a banana, maāam.ā
[Correction, 2:19pm: Upon closer listen it appears Weissinger says āItās just a banana, maāamā and not ābanana manā as I transcribed earlier from the terrible audio on this call. Either way, the point stands: Peely sucks.]