Q&A with FOSS Patents' Florian Mueller and analyst Neil Cybart about the merits of Epic's lawsuits against Apple and Google, and the economics of the App Store
“Epic's complaints are very well-crafted, but the hurdle for establishing an antitrust violation is high”
iMore Stephen Warwick
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Discussion
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@imore
@imore
on x
We spoke to @FOSSpatents and @neilcybart about Epic Games' lawsuit against Apple. By @StephenWarwick9 https://www.imore.com/...
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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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@hedgeyecomm
Andrew Freedman
on x
Tim Cook reading this e-mail before forwarding to $AAPl legal department. https://twitter.com/... https://twitter.com/...
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@freezydorito
Laura Calabazas
on x
growing up apple was aspirational. they put attention to detail where other hardware and software shops simply didnt and made gadgets and computers that just felt neat. this suit is a jar of cold water bc apple is now a shitty landlord thats it https://www.theverge.com/...
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@paultassi
Paul Tassi
on x
Yeah sorry equating not wanting to pay a 30% fee in a monopolistic app store with shoplifting a product is absurd https://www.theverge.com/... https://twitter.com/...
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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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@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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@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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@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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@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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@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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@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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@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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@stevekovach
Steve Kovach
on x
Here's Apple's legal response to Epic 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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@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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@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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@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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@lucas7yoshi
@lucas7yoshi
on x
@TimSweeneyEpic you made a goof https://twitter.com/...
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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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@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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@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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@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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@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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@nearbyleaks
Nearby
on x
Apple just did a “this you?” On tim sweeney 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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@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/...