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Tag: Epic Games

  • Judge says Apple and one of its executives lied during Epic Games trial in 2021

    Judge says Apple and one of its executives lied during Epic Games trial in 2021

    Remember Judge Yvonne Gonzalez Rogers? She was the judge who made the ruling in Apple’s 2021 legal battle against Epic Games that resulted from Apple’s decision to boot Epic and its popular Fortnite game from the App Store. Apple said that Epic included a link inside the App Store version of Fortnite that would allow users to buy in-app items for the game directly from Epic. This prevented Apple from taking the 30% cut it would usually take from the cost of paid apps and in-app purchases.

    Today, Judge Gonzales Rogers said in a court document that Apple “willfully” violated an injunction that she imposed on the company in 2021. She also wrote that Alex Roman, Apple’s Vice President of Finance “outright lied to the court” about the timing related to a decision made by Apple to place a 27% fee on some App Store purchases. The judge turned over the matter to U.S. attorneys who will now investigate whether Roman and Apple will be charged with criminal contempt.

    In a short but sweet response, Apple said, “We strongly disagree with the decision. We will comply with the court’s order and we will appeal.”

    Wednesday, Rogers ruled that Apple was in contempt and accused the tech giant of trying to violate the rulings she made in the 2021 case. The judge explained that after her decision in 2021, purchases made off-app by iPhone users would be expected not to have any commission or cut for Apple. But all Apple did in 2024 was reduce the cut it would receive from 30% to 27%.

    “In stark contrast to Apple’s initial in-court testimony, contemporaneous business documents reveal that Apple knew exactly what it was doing and at every turn chose the most anti-competitive option. To hide the truth, Vice-President of Finance, Alex Roman, outright lied under oath.”

    The judge also said that Apple never presented documentation about a meeting held in June 2023 that Apple CEO Tim Cook attended. Apple never told the court about this meeting until this year by hiding it from the court, according to Judge Gonzales Rogers. The judge ordered Apple to immediately stop charging commissions on purchases made for iPhone apps obtained through web links inside an app. As previously noted, that’s exactly what Epic did with its Fortnite app that kicked off all of this drama.

    “It’s a huge victory for developers, and it means all developers can offer their own payment service side-by-side with Apple’s payment service. This forces Apple to compete. This is what we wanted all along.”

    Additionally, Apple will be responsible for Epic’s attorney fees related to this issue. Judge Gonzalez Rogers had no sympathy for the company. “This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order,” the judge wrote.

  • Epic Games dares to challenge the 30% Apple Tax and gets its developer account closed in return

    Epic Games dares to challenge the 30% Apple Tax and gets its developer account closed in return

    Apple and Fortnite developer Epic Games are in the middle of a, well, epic battle. The fight is over Apple’s in-app payment system and the 30% cut that the company takes on in-app payments. Apple says that it will revoke Epic Games’ developer privileges by shutting its accounts starting later this month. Last week, Apple told the developer to “remove the ‘Epic direct payment feature’ that bypasses Apple’s in-app payment system which counts seven beans for Epic and three for Apple with each purchase. On Epic’s website, the developer wrote, “Apple is keeping prices high so they can collect 30% of your payments, and is blocking.

    Epic, very publicly, is revealing what is going on. A Tweet disseminated by the game developer revealed that Apple has removed Fortnite from the App Store and will terminate its developer accounts on Friday, August 28th. Epic will not have access to iOS or Mac developer tools starting on that date. Epic filed a lawsuit today seeking a Temporary Restraining Order against Apple; the suit requests that the latter be restrained “from removing, de-listing, refusing to list or otherwise making unavailable the app Fortnite, including any update thereof, from the App Store on the basis that Fortnite offers in-app payment processing through means other than Apple’s In-App Purchase…”

    Epic’s Preliminary Statement included with its court filing explains everything from Epic’s point of view. It says, “Apple has for years used its complete monopoly over the distribution of apps to the billion users of iOS, the Apple operating system running on all iPhones and iPads, to coerce app developers into using Apple’s payment platform, In-App Purchase (IAP) for all in-app purchases of digital content used in their apps. By tying IAP to app distribution, Apple eliminates all competition in the market for in-app payment processing, allowing it to impose an exorbitant 30% “app tax” on all in-app purchases of in-app content.”

    The filing goes into more detail as Epic explains what took place earlier this month. “Just over two weeks ago, Apple’s CEO Tim Cook was asked during a Congressional hearing whether Apple has “ever retaliated against or disadvantaged a developer who went public about their frustrations with the App Store”. Mr. Cook testified, “We do not retaliate or bully people. It’s strongly against our company culture.” But Apple has done just that. When Epic gave users of its app Fortnite a choice of how they wanted to make purchases, Apple retaliated by removing Fortnite from its App Store. Then when Epic sued Apple to break its monopoly on app stores and in-app payments, Apple retaliated ferociously. It told Epic that by August 28, Apple will cut off Epic’s access to all development tools necessary to create software for Apple’s platforms—including for the Unreal Engine Epic offers to third-party developers, which Apple has never claimed violated any Apple policy.”

    Apple has said that it is willing to work with Epic but the developer notes that “Apple’s actions will irreparably damage Epic’s reputation among Fortnite users and be catastrophic for the future of the separate Unreal Engine business.” The optics just do not look good for Apple especially since the App Store and the tech giant’s 30% cut are under the regulatory microscope in the states and Europe.

    Epic believes that it is “likely to succeed on the merits of its claims,” but is asking for the restraining order anyway. That is because it is concerned that it will be irreparably harmed before the court reaches a final decision. It should also be pointed out that Epic is not asking for monetary damages, nor it is asking for a ruling that would favor it above other companies. What Epic is asking for is “injunctive relief to allow fair competition in these two key markets that directly affect hundreds of millions of consumers and tens of thousands, if not more, of third-party app developers.”

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