In a legal filing, Apple accuses Epic Games of anticompetitive behavior, producing three emails from Tim Sweeney to show that Epic asked for a special deal
- Apple responded to Epic Games' lawsuit accusing it of anticompetitive behavior in its control of the App Store in a legal filing on Friday.
CNBC Kif Leswing
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Discussion
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@timsweeneyepic
Tim Sweeney
on x
Apple's statement is misleading. You can read my email in Apple's filing, which is publicly available. I specifically said in Epic's request to the Apple execs, “We hope that Apple will also make these options equally available to all iOS developers...” https://twitter.com/... ht…
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@inafried
Ina Fried
on x
Apple on Friday urged a court not to give Epic Games a reprieve from being kicked out of iOS, saying the firm acted akin to a shoplifter by inserting its own payment system into Fortnite. https://www.axios.com/... tip @Techmeme
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@helvetiica
@helvetiica
on x
Epic using Apple's ‘1984’ ad as a mockery while secretly asking Apple for a side deal (side hustle?) is... ironic and hilarious! Epic wasn't fighting for the little guys like they said they were; Epic was fighting to control mobile gaming. https://www.cnbc.com/...
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@neilcybart
Neil Cybart
on x
My suspicion was that Apple knew Epic might pull an App Store stunt. The signs were there. While Apple has been quicker to respond to App Store PR issues, the response to Epic seemed very quick. Today's legal response shows such suspicion was valid. https://www.aboveavalon.com/ .…
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@nickstatt
Nick Statt
on x
In emails between Sweeney & Apple's exec team, it's clear Epic was asking for the impossible: let Fortnite bypass App Store fee AND let Epic launch a store of its own. Apple lawyers hit back. Fascinating back-and-forth escalation you can now read here. https://www.theverge.com/..…
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@backlon
Dieter Bohn
on x
It might be a strong argument! I'd have more sympathy for it if developers had the choice of any other way to distribute software on iOS.
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@mrrobroberts
Rob Roberts
on x
Holy shit it's hard not to be firmly Team Apple after reading these e-mails. Tim Sweeny and Epic are about as effective of a negotiator as North Korea. https://www.theverge.com/...
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@stevekovach
Steve Kovach
on x
Here's Apple's legal response to Epic https://www.cnbc.com/...
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@neilcybart
Neil Cybart
on x
The Apple vs. Epic Games battle takes a new turn. Apple filed its legal response to Epic. Turns out Epic reached out to Apple on June 30th asking if it could have its own app store on iOS. Apple said no. Apple knew Epic might be up to something. https://www.courtlistener.com/ ...…
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@riggedforepic
@riggedforepic
on x
@TimSweeneyEpic As much as I have issues with Apple, it's their bloody platform. You agreed the EULA like all the rest of us, why do you think you're special? If you don't like the 30% then leave the platform or make your own. This whole thing shows how immature the leadership at…
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@knowledgehubty
@knowledgehubty
on x
welp, tim sweeney continues to be a scummy guy asking for special treatment, then when epic doesn't get it, he tries this new approach. same thing he's suing google for, by the way https://www.cnbc.com/...
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@pandasandvidya
Lo-Ping
on x
hey its me ur lawyer pls stop tweeting https://twitter.com/...
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@charlesarthur
Charles Arthur
on x
Ooh, interesting: the reply email from Apple includes how much Epic got from App Store for *all* its apps ($245m in 2019), which is 1/7th the $1.8bn that Fortnite *alone* generated across all platforms. Epic also wanted to offer its own games store. Huh. https://twitter.com/...
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@duckybtw
DuckyTheGamer
on x
I'm trying to be positive about this whole issue, but it's so hard because epic has handled this so poorly with the mobile community. No out reach, no communication, and no end date for all of this madness. I'm sorry for all of the negativity recently regarding all of this ❤️
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@timsweeneyepic
Tim Sweeney
on x
Shoplifting??! C'mon Apple, your start was with the Apple ][, an open platform that booted up to a BASIC programming language prompt. Freedom to create and install software is fundamental to general computing devices. And you're reduced to calling us “shoplifters”? https://twitte…
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@axi0mx
@axi0mx
on x
Apple execs must have done a double take when they saw the word Android in this letter. https://twitter.com/...
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@ohnoitsalexx
@ohnoitsalexx
on x
When I see a multi billion dollar company drop a “this you?” https://twitter.com/... https://twitter.com/...
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@hoeglaw
Richard Hoeg
on x
But it is good to know that Mr. Sweeney doesn't save the self-righteous sermons solely for Twitter. They are provided to all. https://twitter.com/...
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@rkrigney
Ryan K. Rigney
on x
Dude, I LOVE publicly-fought legal battles so much. Like, we're in a world where a picture of Tim Sweeney quote-tweeting @Slasher to leak his Apple emails is going to show up in court documents. So sick. https://twitter.com/...
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@shiinabr
@shiinabr
on x
According to an email sent to Apple by Tim Sweeney (CEO of Epic Games) on August 13, Epic Games is willing to be in conflict with Apple for “many years” if necessary. This means that in the worst case, iOS players will not be able to play Fortnite in the foreseeable future.
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@hoeglaw
Richard Hoeg
on x
@TimSweeneyEpic I mean, “We know we need a side letter, so let's get one done” can't really be construed another way. Adding, “Oh, and maybe change the terms for others, too” doesn't change the ask, especially when there's only a handful of companies large enough to benefit from …
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@nearbyleaks
Nearby
on x
Apple just did a “this you?” On tim sweeney https://twitter.com/...
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@lucas7yoshi
@lucas7yoshi
on x
@TimSweeneyEpic you made a goof https://twitter.com/...
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@slasher
Rod Breslau
on x
Sweeney says Apple's statement is misleading https://twitter.com/...
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@jeremypenter
ACG
on x
WOW. This is crazy. And the pretend defense tweet later about “oh no we hoped everyone would get it...Gawd damn https://www.cnbc.com/...
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@firt
Maximiliano Firtman
on x
“If developers can avoid the digital checkout [Fortnite's custom in App purchase], it is the same as if a customer leaves an Apple retail store without paying for shoplifted product: Apple does not get paid,” Apple said in the filing https://twitter.com/...
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@jason
@jason
on x
Like the special deal @tim_cook gave @Amazon for @PrimeVideo? https://twitter.com/...
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@alex
@alex
on x
Apple: Those are only for Amazon https://twitter.com/...
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@reneritchie
Rene Ritchie
on x
Gentle reminder: Fortnite *DOES NOT WANT* side-loading or alternate payment methods. So, any hot takes around the App Store needing to add those, while worthwhile, are beside the point. Android is not enough. Fortnite wants its own store *on* the App Store and Play Store. 🎂🥄
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@backlon
Dieter Bohn
on x
You know when you think about it, this comes down to whether or not checking the box that says you agree to the Terms of Service matters. https://www.theverge.com/...
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@zhugeex
Daniel Ahmad
on x
As was expected. Amazon was able to get a lower % fee but Apple has rarely made other exceptions. Especially in games. Hence why Epic is now trying to get Apple to open its ecosystem up so it can obtain an even larger share of profits distributing via the Epic Store on iOS. https…
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@backlon
Dieter Bohn
on x
One thing I'm learning through this App Store drama is that all analogies comparing digitial things to physical things are bad. They are like unboiled rutabagas
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@benedictevans
Benedict Evans
on x
I am not a lawyer, but it's perfectly possible to believe Apple shouldn't be charging 30% and even believe that the App Store model should end, while also believing Epic decided to get expelled as a stunt and could perfectly well have stayed in while suing.
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@benedictevans
Benedict Evans
on x
Apple's counter-filing against Epic's ‘emergency’ injunction: “There is nothing stopping you getting back in the store while your anti-trust case goes through the courts - just follow the rules that applied since 2011” https://www.courtlistener.com/ ...
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@lexnfx
Alexei Oreskovic
on x
Apple is basically saying if it makes an exception for Epic, it will be forced to make an exception for everyone: “If Epic's scheme succeeds, 1.7 million other developers will be eligible to make the same argument and the user experience in the App Store will evaporate.”
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@dangrabham
Dan Grabham
on x
Of course... https://twitter.com/...
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@rsgnl
Joe Rossignol
on x
I'm not taking sides, but this sentence from Apple's lawyers made me laugh: “It is hard to think of a case less worthy of the extraordinary relief that Epic seeks.”
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@josephfcox
Joseph Cox
on x
Epic Games, definitely always fighting for you, the small, everyday user, by trying to get a better deal for themselves https://www.protocol.com/...
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@bizcarson
Biz Carson
on x
Apple alleges Epic wanted a ‘special deal’ (and I personally find it fascinating that Apple has retained Ted Boutrous for this fight) https://www.protocol.com/...
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@backlon
Dieter Bohn
on x
Apple is making the argument that the App Store is more than a marketplace, that it's inseparable with offering SDKs and developer tools like TestFlight, ARKit, and even stickers. I don't know that those things need be bundled. They're not on the Mac. https://www.theverge.com/...
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@345triangle
Sam Byford
on x
i bought a pair of jordans from the nike app last month. disturbing to find out that i was actually robbing apple just because they exist in physical space and not as a fortnite skin https://twitter.com/...
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@lapcatsoftware
Jeff Johnson
on x
Oh dear lord. Does that make Mac developers outside the Mac App Store shoplifters too? 1) Apple hasn't disabled existing installs of the app. 2) Apple said they can submit an update and sell again. Do you let a shoplifter back in your store? No, you ban them right now for life. h…
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@elkmovie
Michael Love
on x
Meanwhile, Apple keeps finding creative new ways to make me really hate their guts in every brief / press release / etc. https://twitter.com/...
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@veryimportant
Patrick Cosmos
on x
this is a flawed comparison because fortnite isn't cool whereas shoplifting from apple is cool https://twitter.com/...
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@aimeepearcy_
Aimee Pearcy
on x
Uh, Apple is one of the most anticompetitive companies out there - the EC launched an antitrust investigation about this just 2 months ago. And it's not like Apple hasn't given ‘special deals’ to platforms before (e.g. Apple offered Amazon a 15% fee instead of 30%) 🤔 https://twit…
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@caseynewton
Casey Newton
on x
That's the thing about Apple giving some developers special deals. It encourages other developers to ask for them! https://twitter.com/...
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@stroughtonsmith
Steve Troughton-Smith
on x
If you wondered where the ridiculous comparison to the console market was coming from, I guess it's because it's an Apple PR talking point 🤷♂️ https://twitter.com/...
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@ow
@ow
on x
Apple says that offering alternative payment methods (aka consumer choice) is like shoplifting? C'mon. 🤣 https://www.axios.com/...
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@alexhern
Alex Hern
on x
Once, Apple defended these restrictions by arguing that they were better for users. I'm glad they're now admitting it's just about the money. https://twitter.com/...
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@ia
@ia
on x
And another Games of Thrones twist in an epic fight: “Apple alleges that Epic Games asked for an individual arrangement with Apple, producing three emails from Epic CEO Tim Sweeney that bolster its claim.” https://www.cnbc.com/...
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@backlon
Dieter Bohn
on x
“If developers can avoid the digital checkout, it is the same as if a customer leaves an Apple retail store without paying for shoplifted product: Apple does not get paid.” https://www.axios.com/...
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@fortnitegame
Fortnite
on x
All of your friends. Fabulous prizes. And one bad apple. We're droppin the #FreeFortnite Cup on August 23. Check out our blog for full info: https://fn.gg/...
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@duckvalentine
Reb Valentine
on x
Epic may be in the right going after Apple, but it sure would be nice if it wasn't being absolutely insufferable in the process https://twitter.com/...
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@slasher
Rod Breslau
on x
meanwhile, the Fortnite players Epic is trying to use to protest Apple aren't too happy themselves with how Epic is handling the game https://twitter.com/...
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@codinghorror
Jeff Atwood
on x
I love that Epic is so salty about the Apple / iOS situation that they're releasing a special skin in the #FREEFORTNITECUP just to torment their adversary. Behold.. Tart Tycoon. https://twitter.com/...
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@hoeglaw
Richard Hoeg
on x
Epic Games has upgraded its #FreeFortnite Battle Pass to a new level: Merchandising. Come for the antitrust claims, stay for the hats...in #VirtualLegality. “Epic vs Everyone: Federal Lawsuit as Marketing Campaign (VL293)” VIDEO: https://www.youtube.com/... https://twitter.com/..…
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@michaelcarusi
Michael Carusi
on x
@jcenters @zcichy The saddest part is that none of this “Free Fortnite” posturing is going to do anything other than rile people up into toxic behavior. Ultimately this is going to be decided in a series of courtrooms far, far away from the Apple and Epic communities now dogpilin…
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@jcenters
Josh Centers
on x
I would probably be a lot more sympathetic to Epic if they weren't trying to recruit my son in their corporate PR war. It's sleazy. https://twitter.com/...
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@fortnitegame
Fortnite
on x
ICYMI: Compete in the #FreeFortnite Cup, happening this Sunday - August 23! We're giving away more prizes than ever before! Compete for an opportunity to win the new Tart Tycoon Outfit, gaming hardware, and exclusive apparel. Read more in our blog: https://fn.gg/... https://twitt…
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@zcichy
Zac Cichy
on x
Please stop involving my kids in your bullshit legal war for higher profits. Thanks. https://twitter.com/...
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@reneritchie
Rene Ritchie
on x
Also, while we're talking 30%, I'm all for creators getting bigger cuts of the content they create. 85% sounds great! Maybe Epic can use this moment to lead by example and announce they'll be giving 85% of IAP to the creators of all those emotes? https://twitter.com/... https://t…
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@lukemiani
Luke Miani
on x
Look, I don't think Apple handled this well but this is so slimy. They clearly planned this whole thing for attention and money. Yuck https://twitter.com/...
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@reneritchie
Rene Ritchie
on x
Social marketing works, but @epicgames using a “free” hashtag for a *multibillion $$ game* in a squabble over *emote profits*, in 2020, when extra-legal assault and detainment hit crisis-levels, is just all shades of gross. Epic: Use #PayFortnite. Then donate to charity. A lot. h…
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@zhugeex
Daniel Ahmad
on x
Exclusive apparel https://www.epicgames.com/... https://twitter.com/...
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@brianroemmele
Brian Roemmele
on x
There is an aspect of the Epic battle with Apple that many observers may miss—the psychological battle of an age cohort of gamers. The evil archetype is being established and it is using Apple, a company older then most dads of the gamers as the Achilles heel. It has impact. http…
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@ianbetteridge
Ian Betteridge
on x
I mean, I'm not saying that Epic is coming across like a spoiled 5 year old getting “revenge” on a grown up who's told them “no” by building them into Minecraft to destroy them, but... https://www.theverge.com/...
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@martinsfp
Martin Sfp Bryant
on x
This is somewhere between 🙃 and 🙄 https://twitter.com/...