★ Apple Terminated Epic’s E.U. Developer Account
Popcorn-eating-wise, I’m genuinely curious about Apple using a U.S. court decision as grounds for banning Epic’s Swedish subsidiary from holding a developer account.
Welp, so much for my theory that Apple was making nice with Epic Games — letting bygones be bygones and allowing Epic to open an iOS games marketplace in the EU. Epic, on their company blog:
We recently announced that Apple approved our Epic Games Sweden
AB developer account. We intended to use that account to bring the
Epic Games Store and Fortnite to iOS devices in Europe thanks to
the Digital Markets Act (DMA). To our surprise, Apple has
terminated that account and now we cannot develop the Epic Games
Store for iOS. This is a serious violation of the DMA and shows
Apple has no intention of allowing true competition on iOS
devices. […]
In terminating Epic’s developer account, Apple is taking out one
of the largest potential competitors to the Apple App Store. They
are undermining our ability to be a viable competitor and they are
showing other developers what happens when you try to compete with
Apple or are critical of their unfair practices.
If Apple maintains its power to kick a third party marketplace off
iOS at its sole discretion, no reasonable developer would be
willing to utilize a third party app store, because they could be
permanently separated from their audience at any time.
Epic seems to be arguing that Apple is forbidden from any sort of oversight over who runs an app marketplace under the DMA. If Epic can’t run its own game store marketplace, Apple isn’t complying with the DMA — that seems to be their stance. Common sense suggests that can’t be right. There’s got to be some sort of line a developer can cross that would justify Apple revoking their developer account. One can argue that what Epic did with Fortnite and in-app payments in 2020 doesn’t cross that line. But that’s not what Epic is arguing — they’re arguing there should be no line, and that Apple should not have the discretion to decide who can run — and keep running — an app marketplace.
I guess Epic is implying that the EU government, not Apple, should have that discretion? They don’t say so, but who else but Apple could have that discretion? But the European Commission isn’t set up for that sort of police work. That’s not how the EC works. The DMA doesn’t say that the EC now runs app marketplaces.
Epic quotes from an email from Phil Schiller to Tim Sweeney, back on February 23
Your colorful criticism of our DMA compliance plan, coupled with
Epic’s past practice of intentionally violating contractual
provisions with which it disagrees, strongly suggest that Epic
Sweden does not intend to follow the rules. Another intentional
breach could threaten the integrity of the iOS platform, as well
as the security and privacy of users.
You have stated that allowing enrollment of Epic Games Sweden in
the Developer Program is “a good faith move by Apple.” We invite
you to provide us with written assurance that you are also acting
in good faith, and that Epic Games Sweden will, despite your
public actions and rhetoric, honor all of its commitments. In
plain, unqualified terms, please tell us why we should trust Epic
this time.
Sweeney’s response:
Hi Phil, Thanks for reaching out. Epic and its subsidiaries are
acting in good faith and will comply with all terms of current and
future agreements with Apple, and we’ll be glad to provide Apple
with any specific further assurances on the topic that you’d like.
Best Regards,
-Tim
The termination of Epic Games Sweden AB’s Apple developer account was communicated in a letter from Mark Perry, a lawyer representing Apple, to Epic’s lawyers:
Mr. Sweeney’s response to that request was wholly insufficient and
not credible. It boiled down to an unsupported “trust us.” History
shows, however, that Epic is verifiably untrustworthy, hence the
request for meaningful commitments. And the minimal assurances in
Mr. Sweeney’s curt response were swiftly undercut by a litany of
public attacks on Apple’s policies, compliance plan, and business
model. As just one example:
https://x.com/TimSweeneyEpic/status/1762243725533532587?s=20.
That Tim Sweeney tweet cited as an example doesn’t seem out of line to me. It’s strident, to be sure, but we know Sweeney endorses a regulatory structure that would legally require Apple to treat the iPhone as a platform more or less as open as the Mac. We know Apple disagrees, vehemently, with that — but I don’t see how stating that viewpoint ought to disqualify Epic from obtaining a developer account. Apple ought to stick to Epic’s flagrant breaking of the App Store rules with Fortnite back in 2020. It’s not even in dispute that they flagrantly broke the rules then. If Apple wants to make that a “lifetime” ban, they should just say so.
Citing recent tweets, like Sweeney’s, that are simply critical — even scathingly critical (or to borrow Schiller’s term, “colorful”) — just makes it look like Apple’s policy is that if a developer criticizes the App Store’s rules, Apple will punish them for speaking out. I don’t think that’s Apple’s policy at all, but some people think it is, and this situation with Epic just reinforces that.
Spotify, for example, is just as vociferous a corporate critic of the App Store as Epic is, and Apple hasn’t threatened them with revocation of Spotify’s developer program membership. The difference between Spotify and Epic isn’t in their rhetoric; it’s in their past behavior.
After Epic’s blog post was published today, Apple issued a statement to The Verge and 9to5Mac (and perhaps other outlets):
“Epic’s egregious breach of its contractual obligations to Apple
led courts to determine that Apple has the right to terminate ‘any
or all of Epic Games’ wholly owned subsidiaries, affiliates,
and/or other entities under Epic Games’ control at any time and at
Apple’s sole discretion.’ In light of Epic’s past and ongoing
behavior, Apple chose to exercise that right.”
That’s a stronger thicker-skinned argument. Stick to the fact that Epic deliberately broke the rules with the Fortnite payments stunt. Ignore the tweets arguing that Apple is abusing a monopoly.
Popcorn-eating-wise, I’m genuinely curious about Apple citing a U.S. court decision as grounds for banning Epic’s Swedish subsidiary from holding a developer account. What happens if the European Commission doesn’t see that ruling as applicable? Epic never lost a lawsuit to Apple in the E.U. So how is this going to pan out?