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The Courts Apple

Apple Ordered To Not Block Epic Games' Unreal Engine, But Fortnite To Stay Off App Store (techcrunch.com) 207

A district court denied Epic Games' motion to temporarily restore Fortnite game to the iOS App Store, but also ordered Apple to not block the gaming giant's ability to provide and distribute Unreal Engine on the iPhone-maker's ecosystem in a mixed-ruling delivered Monday evening. From a report: U.S. District Court Judge Yvonne Gonzalez Rogers said Apple can't retaliate against Epic Games by blocking the gaming firm's developer accounts or restrict developers on Apple platforms from accessing the widely-used Unreal Engine tools. "The record shows potential significant damage to both the Unreal Engine platform itself, and to the gaming industry generally, including on both third-party developers and gamers," she said, adding that even as Epic Games violated App Store's guidelines, it did not breach any contracts related to Unreal Engine and developer tools.

"Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem," said Rogers. But the ruling was not a complete win for Epic Games, which had also requested the sleeper hit title Fortnite to be restored on the iOS App Store. Rogers said the game will remain off the App Store unless Epic Games attempted to bring it back in accordance with App Store guidelines.

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Apple Ordered To Not Block Epic Games' Unreal Engine, But Fortnite To Stay Off App Store

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  • by ELCouz ( 1338259 ) on Tuesday August 25, 2020 @09:22AM (#60438931)
    If you want a piece of pie of that walled garden...
    • Re: (Score:2, Insightful)

      by Kartu ( 1490911 )

      What a short sighted view.

      • by ELCouz ( 1338259 )
        I know. I hope Apple get the slap!
      • by Pascoea ( 968200 )
        Why? Should they not have rules for what's in their app store? I have a problem with arbitrary and capricious application of rules (which is what appears is happening here) but having an issue with rules in general seems, well, short sighted.
        • Re: (Score:3, Insightful)

          by bws111 ( 1216812 )

          The issue at hand in the lawsuit is not about the rules in their app store. They can have whatever rules they want. The issue is being FORCED to use their app store, and agree to their rules, if you want access to the 1.5 billion IOS devices out there.

        • by Junta ( 36770 )

          Sure, have all the restrictions you want on the App Store.

          Do not block other avenues to allow customers to run software on iOS, so that if a company so chooses to directly service iOS platform customers without using the App Store as a middle man, they could.

          People keep speaking as if Epic utterly and desperately wants App Store access when they really want to run on iOS, but Apple has tied the two things together where their competition in handsets have not.

  • Pretty sensible (Score:5, Insightful)

    by jareth-0205 ( 525594 ) on Tuesday August 25, 2020 @09:26AM (#60438941) Homepage

    Fairly clear that the banning of Unreal Engine from iOS was a pure pressure move that had nothing to do with the actual issue they're arguing about. Unreal Engine just happens to be made by the same company, but is completely distinct from the sales commission on Fortnite. If Apple are going to be the sole arbiter of the entire App Store, they are asking for regulation by acting like this.

    Yes it's their walled garden, but eventually a garden can become so big and well used, that it's a public park.

    • Re:Pretty sensible (Score:5, Informative)

      by BorgDrone ( 64343 ) on Tuesday August 25, 2020 @09:41AM (#60438973) Homepage

      Unreal Engine just happens to be made by the same company, but is completely distinct from the sales commission on Fortnite.

      Actually, the reason that Epic can keep access to the developer tools to develop Unreal Engine is because it is not made by the same company. Unreal Engine is made by Epic International while Fortnite is made by Epic Games. The judge ruled that Epic International is not in breach of contract. but Epic Games is.

      • Re: (Score:3, Informative)

        by Kartu ( 1490911 )

        Actually, the reason that Epic can keep access to the developer tools to develop Unreal Engine is because it is not made by the same company.

        According to TFA it's not because of that:

        ....even as Epic Games violated App Store's guidelines, it did not breach any contracts related to Unreal Engine and developer tools...

        • Quote from actual ruling:

          Apple’s reliance on its “historical practice” of removing all “affiliated” developer accounts in similar situations or on broad language in the operative contract at issue here can be better evaluated with full briefing. For now, Epic International appears to have separate developer program license agreements with Apple and those agreements have not been breached.

          Of course its just one of the aspects that the judge considered and likely not the most important one.

          • Of course its just one of the aspects that the judge considered and likely not the most important one.

            Remember that a ruling was needed for/against an action happening three days from now. So the judge will not give a ruling that will be correct when all arguments are properly evaluated, but one where possible damage needs to be prevented. Apple could quite possibly go to the court, ask for permission to throw out Unreal's developer account, and then the court has all the time it needs to decide, not just three days.

        • It's not in this article. I can't find the one I was reading yesterday but it was distinctly noted in the other article that Epic Games and Epic International are two separate legal entities with separate products. The reason why contracts related to Unreal Engine were not in violation is because its a separate legal agreement with a separate entity ie: Epic International. This article is definitely lacking some of the context from other articles on the subject.
    • The thing is, I think we need to be a bit careful about the precedent that decisions like these will set.

      For example, suppose a developer wanted to host code on the Apple Store that contained exploitable vulnerabilities, or leaked PI, or did some other unpleasant thing. The chances are that we'd be OK if we had Apple there to defend us against things like that.

      Today, apple "curates" the App Store, ensuring that certain minimum controls are observed by content it hosts. In return for that, Apple charge
      • by bws111 ( 1216812 )

        Well, this is exactly what the suit is about. It is not about forcing Apple to allowing anything in to the App Store, it is about Apple being forced to open the app market to competing stores.

      • "But the Apple Store is a guarantee of the security of the product."

        I'm fairly sure there is no such guarantee, explicit or implicit. Doing so would open Apple up to liability for the stuff that inevitably slips through the cracks, and I'm quite sure Apple lawyers wouldn't (knowingly) allow Apple to be put in such a position.

      • Yeah, Apple is keeping us safe from the bad, bad internet.

        How about that: They get to say "don't install this app, it's bad for you" but I get to decide whether I want to. Deal?

    • by ceoyoyo ( 59147 )

      Somebody at Apple was in a shitty mood and probably still drunk from last night's bender when they did that. Banning Unreal hurts Apple, lots of innocent third parties, and is pretty much impossible to justify.

    • Fairly clear that the banning of Unreal Engine from iOS was a pure pressure move that had nothing to do with the actual issue they're arguing about.

      Well the Unreal Engine specifically is a red herring. Apple banned Epic's developer account. It's fairly clear that you typically boot out people from your platform when those people deliberately break the rules, and then those people sue you. That the Unreal Engine itself got caught in the crossfire was Epic's own lack of forethought.

      Play stupid games win stupid prizes.

      Now please I'm going to come over and hit you and when I do you should be a good boy and say "thankyou very much", lack of compliance will

      • Your alternative for Epic is... what? Just sit and take it? Epic is the littleguy here, they have to act from a position of weakness. Apply are the $2tn behemoth and I would have hoped that they would have a bit more restraint. Tim Cook was sitting in congressional hearings just a few weeks ago - way to justify the invite.

        30% is a big cut, maybe it can be justified but the point is Apple don't have to justify it because they control the whole thing. It's textbook monopoly. The "you can buy another phone" is

        • Re: (Score:3, Insightful)

          by thegarbz ( 1787294 )

          Epic is the littleguy here

          Nope. Epic is a spoit little brat wanting access to someone's private playground despite all the other kids paying for it.

          Apple is big, no doubt. That doesn't make Epic any less of a whiny little shit. 30% is 30%. It's the cost of entry. I find a $200000 for a Ferrari to be too expensive too, that doesn't mean I should steal one from the showroom floor and complain because I find the cost too high and feel like am somehow special among Ferrari customers that I deserve to have the car for less.

          Apple doesn't

          • by bws111 ( 1216812 )

            How, exactly, is my phone Apple's 'private playground'. Here's a hint - it isn't.

            You fanboys keep going on about how the 'App Store' is a closed platform with limited access. No shit. Nobody claims otherwise. The suit is not about access to the App Store, it is about access to the USERS of IOS systems. Apple has no right to say the consumer may only purchase apps from them, but that is exactly what they do.

    • Yes it's their walled garden, but eventually a garden can become so big and well used, that it's a public park.

      And even when it's as big as an island or an estate you would still be done for trespassing if the owner wanted you kicked out. There are only a couple of countries in the entire world where people have some right to access privately owned property simply because it's size.

      The USA isn't one of them. Neither is Switzerland (Epic International's tax haven).

      • Yes it's their walled garden, but eventually a garden can become so big and well used, that it's a public park.

        And even when it's as big as an island or an estate you would still be done for trespassing if the owner wanted you kicked out. There are only a couple of countries in the entire world where people have some right to access privately owned property simply because it's size.

        The USA isn't one of them. Neither is Switzerland (Epic International's tax haven).

        I don't want to belabour this analogy too much because it's already creaking... but even large landowners have to deal with rights-to-roam / access rights / public footpaths, etc.

        When a corporation becomes too big, we regulate it. That's the only wan capitalism can work is by continually breaking up monopolies, at some point the control becomes too much and is harmful.

        • but even large landowners have to deal with rights-to-roam / access rights / public footpaths, etc.

          There's a reason I specifically mentioned the USA and France. Neither has a right to roam. Both allow private to exclude access, and public footpaths are universally on public land (you don't own all the land down to the road).

          Specifically in the USA the only exception being something has been public in the past. The App store never was.

          The analogy is good, because the size of something has nothing to do with access requirements. Just because I build a park better than Disneyland in my walled garden doesn't

    • That would also be the Fortnite store which had 1.8 billion revenue last year.

  • by Kartu ( 1490911 ) on Tuesday August 25, 2020 @09:27AM (#60438945)

    " the game will remain off the App Store unless Epic Games attempted to bring it back in accordance with App Store guidelines" as it depends the outcome of the lawsuit.

    She was only referring to the situation until trial is over.

  • by urusan ( 1755332 ) on Tuesday August 25, 2020 @09:36AM (#60438963)

    https://www.youtube.com/watch?... [youtube.com]

    This video sums up the situation pretty nicely (though it's now slightly out of date thanks to news like this).

    Also, I hadn't considered just how unfair Apple's attack on Epic via Unreal Engine really was. This judgement is spot on.

    • Also, I hadn't considered just how unfair Apple's attack on Epic via Unreal Engine really was. This judgement is spot on.

      I know. It's unfair when a store kicks out an abusive customer. The only reason the judgement actually went in Epic's way is because technically there are two different corporate identities running two different developer accounts at play. If Epic Games were the ones who published the engine rather than Epic International then the Unreal Engine would have been booted without issue.

      Epic won on a technicality. The judge ruled on a technicality. The abusive fuckwit customer causing a scene in the shop needs to

      • by urusan ( 1755332 )

        Not to defend Epic too much, as they're greedy jerks too (as outlined in the video), but Apple's response was over the top.

        Assume that Unreal Engine did belong to Epic Games and this wasn't all decided by a technicality.

        Isn't it a bit much to throw an entire developer out of the app store over their misbehavior around a single app? Does Apple normally go straight to scorched earth tactics when a developer steps out of line? Do they really go straight to the "public execution" phase over a single app from an

  • Apple and Fortnite fanbois go to war, there is not enough popcorn in the world for this drama.

  • Sometimes it's hard to relate to electronic rights, and we need to put them in a more "familiar" setting, to make fair judgement. A more physical "analogy" if you will...

    Say we have a company that manufactures sprockets, cogs, and widgets at three separate plants, and buys steel from the local mill. The company pays the bill for this month's steel for their cog and sprocket plants, but not their widgets plant.

    So the steel mill says we're not going to send you any more steel until you've settled your bil

    • Actually your context is slightly wrong. Epic Games and Epic International are two separate legal entities that pay their own bills and sign their own contracts. One makes Fortnite, the other makes Unreal Engine. Apple attacked Epic International in retaliation against actions by Epic Games.

      It's easy to say they're both Epic. But, the situation is more akin to two siblings. If you and your brother both do business with the same company and your brother stops paying they are not entitled to punish yo
    • So the steel mill says we're not going to send you any more steel until you've settled your bill, we have a contract that says we will suspend shipping to all your plants if you are behind on any of your payments.

      Uhh ... no. From the actual ruling [courtlistener.com]:

      As relevant here, Apple maintains separate developer agreements and developer program licensing agreements between Epic Games, Epic International and four other affiliated entities. Apple also maintains a separate agreement, âoeXcode and Apple SDKs Agreement,â regarding its developer tools (software development kits, or âoeSDKsâ).

      Moreover

      The relevant agreement, the Apple Xcode and Apple SDKs Agreement, is a fully integrated document that explicitly walls off the developer program license agreement.

      and

      For now, Epic International appears to have separate developer program license agreements with Apple and those agreements have not been breached.

      So no, one company of the group (Epic Games) breaching an agreement apparently does not entitle Apple to in turn breach an unrelated (and walled off) agreement with a different company of the group (Epic International) regarding the SDK, company who had done no agreement breaching of its own.

      Thus, in focusing on the status quo, the Court observes that Epic Games strategically chose to breach its agreements with Apple which changed the status quo. No equities have been identified suggesting that the Court should impose a new status quo in favor of Epic Games. By contrast, with respect to the Unreal Engine and the developer tools, the Court finds the opposite result. In this regard, the contracts related to those applications were not breached. Apple does not persuade that it will be harmed based on any restraint on removing the developer tools. The parties' dispute is easily cabined on the antitrust allegations with respect to the App Store. It need not go farther. Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In this regard, the equities do weigh against Apple.

      You need to work on your analogies a bit more, it seems. That, and someone needs to bring the slashcode up from the last century concerning unicode support (no taking bets o

    • And the judge says since the innocent customers are being affected by the steel mill's broad "retaliation"

      The judge didn't say anything of the sort. The ruling was thanks to a legal technicality. The developer behind Fortnite and the developer behind Unreal Engine are two different companies. The judge ruled that banning one due to actions of the other was considered "retaliation". In your example, not sending steel to another company who *are* paying their bills simply because they share a corporate overlord.

      The thing is this ruling will only extend to the duration of the case. When the legal action is over Ap

  • For those interested in what EXACTLY did the judge decide here is a full content of the order:
    https://www.courtlistener.com/... [courtlistener.com]

  • But more is needed.

    The app store is simply too locked down.

    Example of stupid apple removals, I use the app DS Get, from Synology, for my NAS. It allows to send downloads task from the app to your NAS.

    Well, Apple decided that the app was not worthy of their beautiful gold cage and remove it.

    Synology didnt say why, but the rumor is that since you can send all kinds of tasks to your NAS, including bittorrent links, Apple said "think of the children" or some other used excuse and removed it.

    That is a dangerous

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