Epic Games Sought Side Deal for Fortnite Ahead of Lawsuit, Apple Says in Court Filing
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Earlier this week, Epic Games levied a lawsuit against Apple after Apple pulled popular game Fortnite from the App Store for defying Apple's App Store policies surrounding in-app purchases, launching a legal battle between the two companies.
Apple subsequently said that it could terminate Epic's developer accounts on August 28, prompting Epic Games to file a restraining order wanting to stay that removal. Apple today taken care of immediately Epic Games' lawsuit using its own court filing, arguing that Fortnite should not be allowed to stick to the App Store as the legal fight plays out.
According to Apple, Epic Games in June sought a particular deal from Apple's Phil Schiller that could change how Epic offers software on the App Store. From CNBC:
"On June 30, 2020, Epic's CEO Tim Sweeney wrote my colleagues and me an email requesting a 'side letter' from Apple that would create a particular deal for only Epic that could fundamentally change how Epic offers software on Apple's iOS platform," former Apple Senior Vice President Phil Schiller wrote in a declaration.
Epic Games CEO Tim Sweeney previously said that Epic had not been seeking a special deal from Apple and was instead fighting for "open platforms and policy changes equally benefiting all developers," but it appears that Epic did attempt to set up a unique relationship with Apple ahead of when the lawsuit was filed. "When Apple refused to fundamentally alter just how it can business to appease Epic, Epic resorted to sudden, unilateral action that blatantly breached its contracts with Apple," reads Apple's response.
Epic had asked Apple for permission to bypass the in-app purchase system and invite Fortnite players to cover in-game currency directly, a request that Apple denied and an attribute that Epic implemented anyway. According to Schiller, Sweeney emailed him on the morning that Fortnite changed the payment mechanism and said that Epic will no longer "adhere to Apple's payment processing restrictions."
Apple legal representatives argue that the emergency stay that Epic is seeking is an emergency "entirely of Epic's own making," as Apple has said that if Epic removes the direct payment mechanism that it put into Fortnite, the game will be allowed to go back to the App Store and Fortnite's developer accounts would not be disabled.
Apple in addition has likened Epic Games' behavior to a shoplifter. "If developers can avoid the digital checkout, it's the same as if a person leaves an Apple retail store without spending money on shoplifted product: Apple will not receives a commission," Apple said.
Apple's promise to terminate most of Epic's developer accounts and usage of Apple tools on August 28 would impact the development of the Unreal Engine found in many third-party software and games. Together with the pending account termination, Epic is not able to update Fortnite, which signifies that existing iOS users will never be able to take advantage of another season of the overall game launching on August 27.
A court hearing is scheduled for Monday to determine whether Apple can remove Fortnite from the App Store for violating the App Store rules.
Source: https://www.macrumors.com