|OT| Epic vs Apple/Google - Battle of the Tims

Kthulhu

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Blacklist between companies exist since the beginning of everything, that's not something new
As a product holder I can freely decide if I want to work with you or not

Its like when Valve ban someone from Steam, only difference is that we are talking about Epic here and not some random indie devs that no one knows (With all due respect for them)
Antitrust laws have been a thing since the past 100+ years. Epic's argument is that Apple and Google's policies violate those laws.

It is very much possible that in a decade or so we'll see the Supreme Court require Apple and Google to alter their policies. I'm no lawyer, but I think it's really hard to argue Apple doesn't have 100% control over software distribution on their platform which currently exists in a duopoly they share with Google.
 

toxicitizen

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You could also make the argument Apple retaliated in response to the lawsuit (which is what they seem to be doing). Apple didn't threaten to pull their tools until after the lawsuit was filed which potentially makes them look bad.
You can look at this as retaliation for the lawsuit, yeah. You can also look at it as Apple deciding to stop doing business with a company that knowingly broke the rules of their platform in a bad faith move for the sole purpose of suing them.

Like, I'm not a lawyer or really know anything about legal matters like these so I'm just talking out of my ass here. But what Epic is doing is so transparent that I have to assume that there's some kind of law or precedent to just throw their lawsuit out here. It's just such an obvious bad faith move lol.
 
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Kthulhu

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You can look at this as retaliation for the lawsuit, yeah. You can also look at it as Apple deciding to stop doing business with a company that knowingly broke the rules of their platform in a bad faith move for the sole purpose of suing them.

Like, I'm not a lawyer or really know anything about legal matters like these so I'm just talking out of my ass here. But what Epic is doing is so transparent that I have to assume that there's some kind of law or precedent to just throw their lawsuit out here. It's just such an obvious bad faith move lol.
If Apple was some tiny company, then sure I'd agree. But Apple is a trillion dollars company with billions of devices sold and total control of software distribution. The same rules don't really apply.
 

Swenhir

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Samsung and Apple were fighting over patents (for the most part) and Samsung wasn't coming after Apple's bread and butter (or vice versa). Epic is also a fly compared to Smasung. Apple knew to not go too far here.

When people talk about Samsung, they think about Samsung Electronics. Which is huge on their own and not even because of Smartphones or TVs. Mainly because of their ability to manufacture nand, flash storage and other silicon chips. They are making the new Ampere GPUs for Nvidia for example.

But Samsung is also a Titan in the heavy industry, engineering, process engineering, and construction business

I'm going to let you in on a little secret. There are a couple companies in the world that can build massive industrial facilities out of thin air. Samsung is one of them. Took them quite some time to establish that they can build at high quality and be reliable at it.
To quote my old professor: Thank god that they haven't decided to compete in the EU yet and still concentrate on the Asian market. Or the (german) process engineering industry would be in deep trouble. And the german process engineering industry is massive, reliable and proven.

But Samsung with all its subsidiaries is huge and powerful.
I'd even go as fas and say: They are cooperate Cyberpunk powerful.
I agree. Samsung is terrifying and I'd really like to see them broken up. Not least of all because in a world of corporate dystopia, they are one of the worst offenders. They are the Chaebol cliche.
 
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Durante

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And that is exactly why walled gardens are bullshit. Anger the gatekeeper, there is nothing you can do, no power or control you can leverage to stop this from happening.

Incidentally, have I talked about Windows 10's forced updates lately?
While I fully agree with your point, I'd be lying if I said it happening to Sweeney didn't entertain me immensely.
 

ListeningGarden

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not the biggest fan of apple's choices which further ensnares devs to become beholden to their ecosystem (xcode updates with OS minimums, depreciating opengl in favor of metal, HIG requirements for apps on the store, etc) but i had a feeling this would be the end result once epic tried playing with fire. my heart is with any smaller devs caught in the middle of this feud, should UE in any way be negatively affected by tim apple sweeney's boxing match.

even long after his death, steve jobs' ruthlessness lives on in apple's policies. can only imagine the fireworks if he was still around to throw shade at epic.
 

Copons

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I'm not sure why I see stuff like "can't even imagine what would have happened if it was Microsoft".
As far as I know (and I most likely ignore stuff), this is a kind of new situation?

Apple isn't just banning some devs.
They are banning some devs who intentionally violated the ToS to trigger an app removal to start an ad campaign and a lawsuit.
Like, who would want to do business with this kind of people?

I'm also very concerned for all the potentially affected devs using UE, but dealing with a service provider that suddenly goes mad and starts pulling all kinds of crazy shit, well, that's kind of a normal day in the life of any business...
(Unfortunately most devs are really not entrepreneur-savvy at all, so they'll turn this into yet another "our life is the worst, our job is the hardest, yall cant understand all the hardships we have to endure")
 
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You could also make the argument Apple retaliated in response to the lawsuit (which is what they seem to be doing). Apple didn't threaten to pull their tools until after the lawsuit was filed which potentially makes them look bad.
yep, punitive action for filing a lawsuit plus restraining epic from selling unreal engine to ios/mac devs isn't a good look for a company fighting so many antitrust suits and complaints.
 
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Myradeer

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I'm against Apple's response here, as it definitely has problematic elements, but yeah pretty satisfied to see this time the target of such hostile practice is not towards undeserving party as usual.

The best scenario for me is Epic winning on court but ending up in deep red to do so, but I'll take much more likely alternative of Apple just swatting Epic like a fly as well.
 
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this move sorta reads like apple angling to settle by making it painful for epic to continue fighting while their income is so compromised due to this platform ban of all their tools.

using antitrust actions to avoid consequences for previous antitrust actions is sorta proving epic's case for them.
 

Myradeer

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Well, I wouldn't really claim that there was really "previous antitrust actions" - it was 100% provoked by Epic. Now this outright ban I feel less certain about, but I suppose Apple feels safe enough to tank a high ground hit with their superior resources.
 
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Jav

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The lawsuit was filled almost inmediately after getting kicked out of the app store, so any action from Apple can be read as ''punitive action'' against said lawsuit.

Don't know what Epic expected, since they went full war against Apple, seems only normal for Apple to answer in kind.
 
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Well, I wouldn't really claim that there was really "previous antitrust actions" - it was 100% provoked by Epic. Now this outright ban I feel less certain about, but I suppose Apple feels safe enough to tank a high ground hit with their superior resources.
the antitrust actions were happening before this fortnite situation. epic is just one of the few with enough money to do something about it.
Don't know what Epic expected, since they went full war against Apple, seems only normal for Apple to answer in kind.
quite possible they baited apple into a blatant antitrust action by making a move purely to harm a competitor with no profit motive or to provide for clients. if not, apple did it for them anyway 😆
 

Doctor Ironic

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You could also make the argument Apple retaliated in response to the lawsuit (which is what they seem to be doing). Apple didn't threaten to pull their tools until after the lawsuit was filed which potentially makes them look bad.
Hypothetically, but Apple has a just-as-good counterargument in saying that removing the dev tools is just an extension of what happens when you're banned from the App Store. I don't think we've ever seen a developer this big get their app outright pulled so there's no precedent that can betray their actions.
 

Jav

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quite possible they baited apple into a blatant antitrust action by making a move purely to harm a competitor with no profit motive or to provide for clients. if not, apple did it for them anyway 😆
I don't know, Apple has a billionaire legal department, I know Epic prepared for this battle but I highly doubt that Apple is now acting lightly or that they are just taking the bait.
 
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Durante

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Man y'all are crazy.

Y'all really trying to make arguments that Google and Apple have too much power on THEIR OWN STUFF!
I think such an argument is not completely unreasonable to make, if you accept the premises that having an Apple or Android smartphone is almost necessary for public life these days (given e.g. banking apps only available for those two platforms this isn't completely outlandish IMHO), and that Apple and Google therefore form a duopoly for an essential service. In such a case there are a few reasonable actions to take, regulation is one of them, splitting them up is another.

I very highly doubt any of that will happen in the current political climate in the US, and in this particular case where it's mostly Epic on the other end I also don't really care. From my perspective I can see any outcome as a win: if Apple loses they have to open up their ecosystem which is good, and if Epic loses Epic loses which is also good.
 

NarohDethan

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I think such an argument is not completely unreasonable to make, if you accept the premises that having an Apple or Android smartphone is almost necessary for public life these days (given e.g. banking apps only available for those two platforms this isn't completely outlandish IMHO), and that Apple and Google therefore form a duopoly for an essential service. In such a case there are a few reasonable actions to take, regulation is one of them, splitting them up is another.

I very highly doubt any of that will happen in the current political climate in the US, and in this particular case where it's mostly Epic on the other end I also don't really care. From my perspective I can see any outcome as a win: if Apple loses they have to open up their ecosystem which is good, and if Epic loses Epic loses which is also good.
Epic could also make their EpicPhone with EpicOS by forking Android and not use Google stuff as well. But IMO they want to have their cake and eat it too.
 

Wok

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I agree. The argument that it is their stuff would only make sense if Apple rented hardware with locked-in software to their customers. Then, of course, Apple could control what customers do with the rented hardware. The fact that Apple has complete power with what 2 billions of people can install on their own iPhone is not healthy: it is too much power over too many people in the hands of too few corporate men.
 

Le Pertti

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Yeah apple has way too much control over the apps, even Google. I've hated that ever since back in the day you couldn't find porn on the Tumblr app haha. And now you see what happened to Tumblr as a platform.
 

Copons

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Yeah apple has way too much control over the apps, even Google. I've hated that ever since back in the day you couldn't find porn on the Tumblr app haha. And now you see what happened to Tumblr as a platform.
We (the company I work at) bought it for spare change!
(And we've been lobbying internally quite a lot for the return of the porn, but these things, they take time.)
What happened to Tumblr?
tl;dr Tumblr was like the HQ for all porns gifs of the world, until they decided to ban it for corporate reasons. The backlash was immense, and suddenly it lost most users in protest.
 
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Tizoc

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And that is exactly why walled gardens are bullshit. Anger the gatekeeper, there is nothing you can do, no power or control you can leverage to stop this from happening.

Incidentally, have I talked about Windows 10's forced updates lately?
Eh i delay win10 updates for months
Aint nothing updatinh while i set my connection to metered
 
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Swenhir

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Eh i delay win10 updates for months
Aint nothing updatinh while i set my connection to metered
The fact remain that it will install eventually. Usually far sooner for most users and versions of windows who can't delay that much.

It's not about how much you can delay it, it's that they have the built-in capability to force you. That's why I'm never touching that OS with that thing enabled.

Also the UI is ugly as hell.
 

Le Pertti

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What happened to Tumblr?
What Copons Said! To even allow the Tumblr app on app store they had to remove the ability to find porn on it, and this was way before Tumblr destroyed itself. I see this with other apps also, like photography apps, they filter out all nudes on the apps.

We (the company I work at) bought it for spare change!
(And we've been lobbying internally quite a lot for the return of the porn, but these things, they take time.)
Hell yeah! Best of luck! Haven't found any good replacement for Tumblr.
 
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Doctor Ironic

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What happened to Tumblr?
It’s operating as a shell of itself at this point, it lost something like 20% of the active users after they removed the porn in December 2018. The main reasons for removing all NSFW content were not just to get onto more mobile devices but also as a way of generating value for a company acquisition. In 2013 Yahoo bought the site for $1.1 billion, in 2019 they sold it for less than $2 million.
 

Copons

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It’s operating as a shell of itself at this point, it lost something like 20% of the active users after they removed the porn in December 2018. The main reasons for removing all NSFW content were not just to get onto more mobile devices but also as a way of generating value for a company acquisition. In 2013 Yahoo bought the site for $1.1 billion, in 2019 they sold it for less than $2 million.
About $3 million, but yeah that's pretty much it.
I'm not involved with the Tumblr team (I think the tech side of the merger is slower than anticipated because of the whole apocalypse going on), but AFAIK Tumblr still have a crapton of monthly users, many more than I expected.
 
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warp_

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Hypothetically, but Apple has a just-as-good counterargument in saying that removing the dev tools is just an extension of what happens when you're banned from the App Store. I don't think we've ever seen a developer this big get their app outright pulled so there's no precedent that can betray their actions.
eh i don't think restraint of trade is a good counterargument to "you broke a policy on one app". it's not legal to unreasonably prevent a company from doing business with another company as a condition of a contract, which they are now doing to any developer or special effects artist using unreal engine on ios and macs.

worth noting that one doesn't have to be a monopoly or duopoly or have this portion of the sherman act enforced on you either.
I don't know, Apple has a billionaire legal department, I know Epic prepared for this battle but I highly doubt that Apple is now acting lightly or that they are just taking the bait.
i don't think apple is acting lightly either. they are attempting to starve the beast so that epic will not be able to pursue this lawsuit. if it never gets into court or if it's settled then they never have to own up to any action they are currently taking.
 

kio

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i don't think apple is acting lightly either. they are attempting to starve the beast so that epic will not be able to pursue this lawsuit. if it never gets into court or if it's settled then they never have to own up to any action they are currently taking.
Let's be real, can Apple really starve Epic? It will make a dent, a big one, sure but Fortnite revenue stream coming from PC and consoles added with UE licensing fees also coming from PC and consoles are more than capable of keeping Epic well fed for decades.
 
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warp_

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that part i don't know, to be honest. i know there are a lot of games that use unreal on mac/ios (more ios than mac heh), but there are also production studios that use unreal for special effects and cgi in tv and movies, which are mainly worked on with macs. that star wars show with baby yoda is first big example i have heard about, but i'm sure there are others.

so i'm sure it's not the majority of epic's income but it's probably not insignificant.
 

Doctor Ironic

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eh i don't think restraint of trade is a good counterargument to "you broke a policy on one app".
[UWSL][/UWSL]
[UWSL][/UWSL]
It certainly is if the other party made a huge show out of how they intentionally broke it.
 
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agree to disagree i guess. i don't feel that breaking a contract with one app is an excuse for the other party to break the law. however, that is the reason for the courts existing.
 
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Doctor Ironic

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agree to disagree i guess. i don't feel that breaking a contract with one app is an excuse for the other party to break the law. however, that is the reason for the courts existing.
I’m not arguing the ethics, we all agree there. I’m arguing the legal practicality. Epic is going to have a hard time acting like the dev tool revocation isn’t related to intentionally breaking Apple’s ToS as a PR stunt in court.
 
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warp_

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epic is arguing that it's a punative measure directly related to the lawsuit and it makes sense.

plenty of other apps have broken tos and 1. not been immediately removed from the app store (this is against the developer agreement so apple broke their own contract). 2. didn't get every single license tied to that dev/pub pulled from use on ios and macs.
 

Copons

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epic is arguing that it's directly related to the lawsuit and it makes sense.

plenty of other apps have broken tos and 1. not been immediately removed from the app store (this is against the developer agreement so apple broke their own contract). 2. didn't get every single license tied to that dev/pub pulled from use on ios and macs.
But how many other apps have intentionally broken the ToS to trigger a removal to trigger a lawsuit and PR campaign?
IANAL (as pretty much anyone here), but I think the chain of events and its intentionality are key here.

Yes, many have complained with the 30%.
Just a couple of months ago, in my small section of dev industry, Basecamp had a whole fight with Apple regarding their new mail app Hey, and it was a big deal (relatively speaking). They tried to push an alternative payment system, got bumped by the app review, which sparked a lot of talk, especially considering that Basecamp is a relatively ethical company, one of the "good ones" if you will.
Same for less good ones, Spotify, Amazon, you name it.
This kind of fights happens all the time, sometimes gaining mainstream attention (for how big Epic is, Amazon is bigger). The outcomes are hit and miss, as they always are, but how come nobody else had their dev account terminated?
 
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probably because no one else filed an antitrust lawsuit...but pulling a company's entire dev account and (potentially illegally) restraining trade on the platforms because they filed an antitrust lawsuit doesn't actually put apple on any better legal standing in regards to antitrust 😆

also note that Hey got dinged by tos but also got the required 14 day review period to change their app. epic did not. not saying it's good or bad but imo it shows that apple is more concerned about the actions of epic than of basecamp. enough to break their own contracts, harm their own clients, and potentially break the law as well just to show dominance of their own platforms and no other reason. not exactly the things that look good when under multiple investigations for antitrust.
 

Wok

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I imagine how Valve would have answered Epic's attack: maybe ban Fortnite, say nothing else, and Gabe would keep on playing Bloons TD 6 or Dota 2 as if nothing had happened. Meanwhile, you have this extremely more powerful company engaging in war tactics. Let us say that Apple's answer does not paint the company in a good light to me. I appreciate Valve even more than before, in comparison.
 

C-Dub

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probably because no one else filed an antitrust lawsuit...but pulling a company's entire dev account and (potentially illegally) restraining trade on the platforms because they filed an antitrust lawsuit doesn't actually put apple on any better legal standing in regards to antitrust 😆

also note that Hey got dinged by tos but also got the required 14 day review period to change their app. epic did not. not saying it's good or bad but imo it shows that apple is more concerned about the actions of epic than of basecamp. enough to break their own contracts, harm their own clients, and potentially break the law as well just to show dominance of their own platforms and no other reason. not exactly the things that look good when under multiple investigations for antitrust.
I feel Apple would've treated Epic the same as Basecamp had Epic not publicly mocked them, dragged their brand through the mud, tried to sicc the Fortnite audience at them and purposefully and premeditatively broke the App Store's ToS to stage this scenario.

It's not an apples to apples comparison. If I ran a company and another company I did business with flagrantly broke our agreement intentionally in order to wage a PR war against my company, I'd consider that bridge burnt.
 
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david hansson, partner at basecamp, made the kerfluffle very public and used equally inflammatory language, calling them gangsters, comparing them to the mafia, and calling out the exceptions that apple says don't exist. basecamp just don't have the reach or money that epic does.

(long tweet chain)

also worth noting that once a company gets to a large enough stage to be able to restrain trade, the rules change. it's a direct violation of the sherman act to have a contract that restrains a company from doing business with a third party, which is what apple is doing by revoking all licenses of unreal engine. the extra hoopla around "epic was mean" doesn't really account for much when the retaliation is against the law.
 
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a terms of service agreement s not the law, so i'm not sure how it's relevant.

however yes, the violation of tos was intentionally put into the app update of hey and was dinged on app review (note that the tos violation in the fortnite app was approved by apple on review, so you could say it was their own fault) and then david started a marketing campaign against apple and was then able to work around the iap tax from apple rather than sue (something netflix/spotify have done before and is something spotify has made complaints about to the eu courts).

also that pun is -5 points :whistle:
 
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Doctor Ironic

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probably because no one else filed an antitrust lawsuit...but pulling a company's entire dev account and (potentially illegally) restraining trade on the platforms because they filed an antitrust lawsuit doesn't actually put apple on any better legal standing in regards to antitrust 😆[UWSL][/UWSL]
[UWSL][/UWSL]
As I noted earlier in the thread, there are several companies, including Spotify, who are in legal battles with Apple over antitrust issues that are not getting the same treatment because they didn’t make a PR stunt out of intentionally breaking the ToS of the App Store first. Epic is absolutely a unique case and if they try and argue that getting their dev tools revoked is an unrelated consequence done solely out of retaliation they’re going to fall flat on their ass.
 
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they aren't solely arguing that. they are arguing that it is against the law for apple to restrain trade in such a manner.

in this specific motion, epic is simply arguing that they meet the criteria for a preliminary injunction to stop ue and ue tools from being removed from mac/ios.
To obtain a preliminary injunction, a plaintiff must show: (1) “that he is likely to suffer irreparable harm in the absence of preliminary relief”; (2) “that he is likely to succeed on the merits”; (3) “that the balance of equities tips in his favor”; and (4) “that an injunction is in the public interest.”

Under the Ninth Circuit’s “‘sliding scale’ approach to these factors . . . . when the balance of hardships tips sharply in the plaintiff’s favor, the plaintiff need only demonstrate ‘serious questions going to the merits'"
 
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Swenhir

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Damn I hate saying this because Epic is a company whose behavior has been beyond the pale on PC, but blaming them for the actions of apple here is more or less victim blaming.

There is no legal basis, in my opinion, for forbidding every single thing Epic is doing on Apple's ecosystem simply based on their lawsuit and ToS infringement. Fortnite being removed should have been the end of it. This is retaliation and Apple flexing its walled garden's capabilities. It's a clear and complete abuse of a power they have built for that exact purpose.
 

Copons

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a terms of service agreement s not the law, so i'm not sure how it's relevant.
I dunno, I'm not a lawyer, let alone an US one! :D

note that the tos violation in the fortnite app was approved by apple on review, so you could say it was their own fault
Not quite!
The app was submitted (on both stores) without the direct payments feature. Once it passed the reviews, the feature got enabled remotely.
That is the big pitfall, imho, and the reason it strongly differs from other similar cases.

also that pun is -5 points :whistle:
I think it deserved at least a 30%. 😤