27 Янв Apple Fortnite Agreement
At the same time that Epic Games filed the lawsuit, it was trying to win the support of the public opinion court by publishing a video parody of Apple`s famous «1984» Super Bowl commercial. In this version, a Fortnite character breaks a screen that displays a cartoon talking apple with a worm. Epic`s legal battles with Apple and Google began last year when it changed the way it encouraged people to buy items in its Fortnite game, bypassing each company`s built-in payment systems and the commissions they charged. In its complaint, Google said Epic «deliberately planned to violate the terms of its development contract» «in order to pay nothing at all to Google.» During its lawsuit with Apple, Epic admitted that as part of its legal strategy, it had planned a public relations campaign to combat app store rules. I`m responding to your recent request that Apple restore Epic`s developer program account, which was terminated last year for cause. Epic committed a deliberate breach of contract and breach of trust by hiding code from Apple and making related misrepresentations and omissions. In its decision, the court recognized that «Apple had the contractual right to act as it did. He simply enforced those rights, as Epics` own internal documents show, which Epic Games expected. «ECF No. 812 to 178-79.
The court also noted that «Apple`s termination of the [Developer Program License Agreement] and related agreements between Epic Games and Apple is valid, legal, and enforceable.» Id. at p. 179. Following that decision, Mr. Sweeney publicly stated that Epic «would not trade [an alternative payment system] negotiate to recover Fortnite on iOS.» In light of these and other statements since the court`s decision, coupled with Epic`s deceptive conduct in the past, Apple has exercised its discretion not to restore Epic`s developer program account at this time. In addition, Apple will not consider any other reinstatement applications until the District Court`s decision is final and final. After rejecting the anti-Apple bill, North Dakota filed a cartel complaint against Apple with the European Union and continued the dispute between the two companies on the App Store. Despite disagreements with Apple and Google, Epic Games chose Apple for the lawsuit, which the developer of «Fortnite» said eliminated the competition. Apple`s legal team took a moment on May 5 to point out that while Epic is working to show that Apple is restrictive in its development agreements and policies against rule violators, Epic takes a similar stance on enforcement. The verdict of the trial was essentially inconclusive on the return of Fortnite Mobile. For this reason, fans are wondering if Epic Games and Apple can reach an agreement soon.
This raises the question of what is the current state of the Apple vs Epic lawsuit in 2021. Accounts that have never been deactivated include Rocket League accounts (a game whose Mac Epic support was discontinued in January 2020, illustrates Epic`s «unrestricted» support for «Apple platforms») and, separately and most importantly, the Unreal Engine. It`s true that Apple blocked the Unreal Engine account in August 2020, but Judge Yvonne Gonzalez Rogers ordered that Apple not have to rule in this case, while the Fortnite account can be suspended. However, in his decision this month, Gonzalez Rogers said Apple now has the right to disable all of Epic`s Apple developer accounts for violating the license agreement. (See p. 179 of the judgment.) That is absolutely correct. If you have a concession in a department store, you will have to pay some form of rent decided by the store/owner. It is your choice to place your dealership there or not. I also didn`t buy my iPhone to play Fortnite because I`m sure a lot of other people didn`t either, so again, people have the choice of which platform to use if they really wanted to play Fortnite, so if there are other cheaper options, why doesn`t Epic push their users to this platform, which apparently does not charge a 30% fee. Ultimately, Epic is also allowed to set prices accordingly, so if it was really the consumer, why not reduce your own in-app purchase prices. There are many developers who sell content up to £99, but it`s up to the end user to decide if they have to pay those hefty prices for «just a little extra programming».
Why don`t we all start complaining about these prices? Because it`s a free choice, Sweeney was also asked about the «special deal» he wanted Apple`s Epic. He says it was more for Epic to reach a deal with Apple than a request for special treatment. An Apple spokesman said the company was grateful that the court «recognizes that Epic`s actions were not in the best interests of its own customers and that any problems they may have encountered were caused by themselves when they violated their agreement.» The spokesman added that Apple`s App Store had been «an economic miracle» that had created «transformative business opportunities» for developers. Google further argued that Epic «entered into a legal agreement with Google that it never wanted to abide by» and that its actions «put its own users at risk, harmed Google and deserve relief from this court.» Epic did not immediately respond to a request for comment. Fair or not, Apple appears to have the legal authority to keep Epic locked out: The September 10 decision, which is fully available via NPR, makes it clear that «Apple`s termination of the DPLA and related agreements between Epic Games and Apple was valid, legal, and enforceable» and that it may terminate such agreements with Epic and its subsidiaries and affiliates «at any time and in Apple`s sole discretion.» As part of the letter, written by retail organization Digital Content Next, the group refers to an agreement Apple struck with Amazon in 2016 that would mean a 15 percent reduction in transactions for customers signing up for a Prime Video subscription as an in-app purchase. The letter asked Apple to «clearly define the terms Amazon has met for its agreements so that the same agreement can be offered to DcN member companies that comply with these terms.» Without saying it directly, Apple makes comparisons with Epic`s Hot Fix, which added the secondary payment mechanism. Epic also has its own rules for developers using the Unreal Engine and its own development contracts. Judge Roth ruled that Apple UK was «not a party» to the development agreements and was not responsible for Apple US` decisions on apps that appear in the App Store. It was «difficult» to see how Apple UK could be held responsible for Apple US`s competition violations, the judge proposed. Apple`s dominance has already led to an antitrust investigation into the U.S. Department of Justice`s fees and policies on the App Store. Still, the disagreement between Apple and Epic is made more public and directly affects younger customers.
This includes a statement from Microsoft confirming that it has a «multi-year, enterprise-wide Unreal Engine license agreement» and that it has invested significant resources in customizing the engine for its own products, including iOS devices. In a Sept. 8 counterclaim, Apple called Epic Games` lawsuit «nothing more than a fundamental disagreement over money.» The Cupertino-based tech giant added, «While Epic bills itself as a modern Robin Hood company, in reality, it`s a multi-billion dollar company that simply doesn`t want to pay anything for the huge value it derives from the App Store.» «If Epic was truly concerned about suffering damage to its reputation as a result of this dispute, it would not be involved in these elaborate efforts to publish it,» he continues. Apparently, (including the #freefortnite campaign), Epic believes that its behavior here will generate goodwill, boost its reputation, and lead users to Fortnite, not the other way around. It doesn`t hurt. As for Epic itself, Chinese tech giant Tencent holds a 40% stake in the company. Tencent has had disagreements with Apple over payment processing in the past, with a 2018 dispute involving WeChat money transfers between people outside Apple`s payment systems resolved with «mutual understanding.» «Epic committed a deliberate breach of contract and breach of trust by hiding code from Apple and making false statements and related omissions,» Apple`s legal representative responded. In its decision, the court recognized that Apple had a contractual right to act as it did.
He simply enforced these rights because [Epics] has internal documents showing that Epic Games was waiting. The court also noted that «Apple`s termination of the [Developer Program License Agreement] and related agreements between Epic Games and Apple is valid, legal, and enforceable. Following that decision, Mr. Sweeney has publicly stated that Epic «will not trade [an alternative payment system] negotiate to recover Fortnite on iOS.» The Fortnite (Royale) legal dispute has taken another turn. Apple has officially banned the popular game from its App Store until the legal dispute between the tech company and Epic Games is resolved. And it could take up to five years, according to Epic CEO Tim Sweeney. (We first learned of this development from the BBC.) Sweeney shared the news of Fortnite`s ban in a series of tweets. According to Sweeney, a deal between the two companies failed. Sweeney shared correspondence between Apple and Epic accusing tech company Epic of «intentional breach of contract,» stating that Fortnite will not return to Apple`s App Store «until the District Court`s decision is final and without appeal.» This is the last part, Sweeney suggests, which could take some time. .