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File photo. Herwin Bahar/PA Images

Maker of video game Fortnite seeks injunction against Apple's 'retaliation' as battle escalates

The company Epic says steps taken by tech giant Apple will “irreparably damage” its reputation.

THE COMPANY BEHIND popular video game Fortnite has asked a judge to stop what it claimed is retaliation by Apple for challenging the App Store fee policy.

After pulling Fortnite from its App Store last week, Apple notified Epic Games it will cut off access to tools needed to tailor software for devices powered by the iPhone maker’s operating systems, according to a request for a temporary restraining order.

Without those tools, Epic will not be able to create iPhone, iPad or Mac computer versions of its widely used Unreal Engine for powering rich graphics, the company said.

The Unreal Engine powers popular video games other than Fortnite, and has applications such as virtual reality training for astronauts and visual effects for television shows such as The Mandalorian, according to Epic.

“Not content simply to remove Fortnite from the App Store, Apple is attacking Epic’s entire business in unrelated areas,” the restraining order request argued.

“Left unchecked, Apple’s actions will irreparably damage Epic’s reputation among Fortnite users and be catastrophic for the future of the separate Unreal Engine business.”

Epic asked a judge to stop Apple from refusing to list Fortnite at the App Store or restrict access to the developers program until the matter is resolved in court.

Apple told Epic it would be cut off from software development tools by 28 August, the filing said.

The Silicon Valley-based tech giant did not immediately respond to a request for comment.

‘Anti-competitive conduct’

Apple and Google last week pulled video game sensation Fortnite from their mobile app shops after Epic released an update that dodges revenue sharing with the tech giants.

The latest version of Fortnite contains a payment system that lets player transactions bypass Apple’s App Store and Google’s Play, preventing the firms from collecting their typical 30% cut.

Apple, which does not allow users of its popular devices to download apps from anywhere but its App Store, booted the game from its online marketplace, followed later by Google.

Epic quickly filed a federal lawsuit against Apple, accusing the iPhone maker of wielding monopoly power.

The suit seeks a halt to Apple’s “anti-competitive conduct” and invalidation of the tech giant’s rules requiring app developers to pay the company 30% of transactions.

The suit is asking the court to order Apple to change its commission structure for all developers.

Apple said last week that Fortnite was pulled after “Epic Games took the unfortunate step of violating the App Store guidelines that are applied equally to every developer and designed to keep the store safe for our users.”

Gamers will still be able to play Fortnite on their mobile devices, though Apple users will no longer be able to receive updates because those would need to come through the App Store.

Android users can still download updates directly from Epic.

© AFP 2020

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    Mute Hank Schrader
    Favourite Hank Schrader
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    Aug 18th 2020, 9:34 AM

    Epic Games have carefully planned this out and possibly anticipated every Apple move, and Apple the same. As soon as Epic changed how their money is collected Apple had them taken down from App Store and immediately after that Epic had the lawsuit submitted.
    Apple, and Google too, are an unbelievably large monopoly in how they take up to 30% of the money from the App Store that is due to the developers. This is similar stuff to what Microsoft were dragged thru courts for years in relation to the browser wars and how they promoted IE over Netscape – what Apple are doing now is the same on a massively larger scale.

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    Mute Sean McCann
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    Aug 18th 2020, 9:57 AM

    @Hank Schrader: yep control the platform, control the revenue. However building out your own distribution and update infrastructure is expensive but 30% seems to be exorbitant. I don’t think Epic games are going to win this one. Apple and Google have deeper pockets.

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    Mute Fifty Shades of Sé
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    Aug 18th 2020, 10:52 AM

    @Hank Schrader: It seems like an unwise fight to pick, not that many people play Fortnite on mobile anyway as it’s just not the same as playing it on console or PC. Epic are just going to lose millions in the courts and Apple can find that sort of money beneath their cushions.

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    Mute Sequoia
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    Aug 18th 2020, 11:14 AM

    @Hank Schrader:

    Epic had the legal paperwork prepared in advance. This will be their downfall.

    Apple have rooms full of lawyers waiting for stuff like this to come along. They’ll sit it out.

    Massive own goal by epic. Will severely damage their business. They agreed to the App Store terms then tried to change the process themselves.

    Absolutely nothing stopping them launching their own device and keeping all Apple built content off it, but I can’t see them doing that, can you?

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    Mute John R
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    Aug 18th 2020, 1:00 PM

    @Hank Schrader: Prior to the arrival of the likes of Google and Apple, game developers could face distribution costs of between 40% to 60% and this without any guarantee of mass market access. This company built their mass success on Apple and Google platforms. Apple in particular have always been wary about allowing apps access their platform without scrutiny which happens before you gain access to the App Store.

    I agree that companies as large as Apple and Google have to be carefully monitored to avoid anti-competitive behaviour. But without these companies the complainant could not conceivably have enjoyed their current success. Don’t bite off your nose to spite your face would be my advice. Little David v Goliath? Nah. More like Greed v Greed.

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    Mute Pat D'Arcy
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    Aug 18th 2020, 3:06 PM

    @John R: as someone who has products on the App Store, I can say all devs are happy the status quo is being challenged. These fees kill so many small businesses.

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    Mute Éanna
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    Aug 19th 2020, 4:04 PM

    @Pat D’Arcy: But in return for these fees you get access to al the tools needed to develop Your app, and access to a market of a billion + users. Access to a dedicated support team when You need it, free of charge.

    It’s not like You get nothing from Apple/ Google in return

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    Mute Paul
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    Aug 18th 2020, 10:20 AM

    Epic broke the T&C’s of their contract so it’s unlikely they’ll win any court case

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    Mute Big Red
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    Aug 18th 2020, 10:33 AM

    @Paul: totally agree. They made a deal, and now want to break the deal. I can’t see a court telling them what they did was ok. If you don’t like Apple’s terms, then don’t work with Apple, it’s as simple as that.

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    Mute Ross
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    Aug 18th 2020, 2:04 PM

    @Big Red: if they defualt dance in the court room all is not lost

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    Mute Pat D'Arcy
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    Aug 18th 2020, 3:07 PM

    @Paul: but there was not alternative, you can’t download an alternative App Store on iOS devices, this is the issue.

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    Mute James Murphy
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    Aug 18th 2020, 3:43 PM

    @Pat D’Arcy: not app store no, but you could deploy as a web app (access for all users) or as an Android app but release on your own website for download (not through Google play store – access for Android users). You would however have to invest heavily in advertising and be ready for clones of your product to appear quickly, things that going through the big two can be avoided.

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    Mute Alan Richard Scott
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    Aug 18th 2020, 5:53 PM

    @Pat D’Arcy: because the play store is a open source the App Store is not.

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    Mute Pat D'Arcy
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    Aug 18th 2020, 9:44 PM

    @James Murphy: I understand this, but consumers want convenient apps, it’s the expectation, you lose native functionality with a web app, reducing the experience for your customers. I don’t know how anyone justifies 30% fees to these companies, it’s extortion, totally needs to be regulated across the board.

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    Mute Pat D'Arcy
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    Aug 18th 2020, 9:45 PM

    @Alan Richard Scott: I’m not really sure what your trying to say here. I’ve developed for both I’m aware of the differences, I’m not sure of your point.

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    Mute John Quill
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    Aug 18th 2020, 9:16 AM

    Fortnite is old hat surely

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    Mute Bunny Johnson
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    Aug 18th 2020, 9:21 AM

    @John Quill: No John, it’s Unreal!

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    Mute John Quinn
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    Aug 18th 2020, 10:28 AM

    Epic broke T&Cs, it’s that simple…. Looks like Epic were getting greedy – which is exactly what Apple is… leave them to it

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    Mute Pat D'Arcy
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    Aug 18th 2020, 3:04 PM

    @John Quinn: wouldn’t call looking for the 30% fee to be reduced greedy. This is an absolute killers to all people who operate on these platforms including myself, it’s a duopoly that needs to be regulated better. I hope this brings attention to the Issue, even if fortnite loose.

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    Mute Dick Nagle
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    Aug 18th 2020, 7:14 PM

    @Pat D’Arcy: Pat they’re not fighting for you on the contrary they want to pay less than the small devs because they are more successful. In fact they are more likely to drive you as competition into the ground than Apple or Google.

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    Mute Pat D'Arcy
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    Aug 18th 2020, 9:41 PM

    @Dick Nagle: I don’t have a game, I’m not in the same industry, what they want is what every dev wants, I don’t know how you’d see this as a bad thing? As far as there messaging goes they said they wanted everyone to pay less.

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    Mute eoinrua
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    Aug 18th 2020, 9:36 AM

    Give it two weeks!!

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    Mute Ciaran Farrelly
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    Aug 18th 2020, 12:03 PM

    You circumvented the rules, simple as!!!

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    Mute Engine No. 9
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    Aug 18th 2020, 12:37 PM

    @Ciaran Farrelly: but when the rules are anti-competitive!?

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    Mute John R
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    Aug 18th 2020, 1:06 PM

    @Engine No. 9: A tough one to be sure! Anti-competitive? Apple and Google aren’t stopping competition. They are facilitating it. Apple don’t compete with this company. They give them a platform. Prior to the creation of this platform game companies paid between 40% to 60% for distribution. They now pay Apple 30% and gain access to a massive worldwide eco-system. The only competition are other companies so it boils down to how good your game is. Same for Google.

    I am all for regulation of tech giants. But appropriate regulation. Just what are this company prepared to pay for access to such mass scale eco-systems? And how does Apple, for example, protect itself from the distribution of Apps which violate its standards (including security) if they don’t go through the App Store?

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    Mute colm connolly
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    Aug 18th 2020, 2:18 PM

    I wonder if any of the changes epic are trying to introduce are because of sony buying into them albeit a small stake it’s still noteworthy

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    Mute Alan Richard Scott
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    Aug 18th 2020, 5:17 PM

    Epic broke the terms and conditions. I hope Apple counter sue and bankrupt epic. If you agree to said terms and conditions you AGREE to abide by them. Apple the largest technology company in the world will ruin epic and set an example to others.

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    Mute Pat D'Arcy
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    Aug 18th 2020, 9:47 PM

    @Alan Richard Scott: sue for what?

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