We recently announced that Apple approved our Epic Games Sweden AB developer account. We intended to use that account to bring the Epic Games Store and Fortnite to iOS devices in Europe thanks to the Digital Markets Act (DMA). To our surprise, Apple has terminated that account and now we cannot develop the Epic Games Store for iOS. This is a serious violation of the DMA and shows Apple has no intention of allowing true competition on iOS devices.
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Apple said one of the reasons they terminated our developer account only a few weeks after approving it was because we publicly criticized their proposed DMA compliance plan. Apple cited this X post from this thread written by Tim Sweeney. Apple is retaliating against Epic for speaking out against Apple’s unfair and illegal practices, just as they’ve done to other developers time and time again.
We welcome all developers to the Developer Program so long as they follow the rules. Those rules, including the DPLA and the App Store Review Guidelines, are intended to protect the integrity of the ecosystem, developers large and small, and - most importantly-users. Accordingly, developers who are unable or unwilling to keep their promises can’t continue to participate in the Developer Program.
In the past, Epic has entered into agreements with Apple and then broken them. For example, you testified that Epic Games, Inc. entered into the Developer Program with full understanding of its terms, and then chose to intentionally breach the agreement with Apple. You also testified that Epic deliberately violated Apple’s rules, to make a point and for financial gain. More recently, you have described our DMA compliance plan as “hot garbage,” a “horror show,” and a “devious new instance of Malicious Compliance.” And you have complained about what you called “Junk Fees” and “Apple taxes.”
Your colorful criticism of our DMA compliance plan, coupled with Epic’s past practice of intentionally violating contractual provisions with which it disagrees, strongly suggest that Epic Sweden does not intend to follow the rules. Another intentional breach could threaten the integrity of the iOS platform, as well as the security and privacy of users.
You have stated that allowing enrollment of Epic Games Sweden in the Developer Program is “a good faith move by Apple.” We invite you to provide us with written assurance that you are also acting in good faith, and that Epic Games Sweden will, despite your public actions and rhetoric, honor all of its commitments. In plain, unqualified terms, please tell us why we should trust Epic this time.
Epic and its subsidiaries are acting in good faith and will comply with all terms of current and future agreements with Apple, and we’ll be glad to provide Apple with any specific further assurances on the topic that you’d like.
Apple recently reached out directly to Mr. Sweeney to give him an opportunity to explain why Apple should trust Epic this time and allow Epic Games Sweden AB to become an active developer.
Mr. Sweeney’s response to that request was wholly insufficient and not credible. It boiled down to an unsupported “trust us.” History shows, however, that Epic is verifiably untrustworthy, hence the request for meaningful commitments.
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Given the past and current conduct of Epic, Apple cannot allow Epic Games Sweden AB to be part of its ecosystem.
Please be advised that Apple has, effective immediately, terminated the Developer Program membership of Epic Games Sweden AB.
This is now the second time Apple has said they would let Epic have their account back if they agreed to follow the rules, Epic agreed, and Apple reneged, saying it didn’t believe Epic. In this case, it seems like Apple ignored Sweeney’s offer to provide “specific further assurances,” so unless there are key parts of the communication omitted it seems like Apple’s offer was not made in good faith. There is nothing in the rules saying that you can’t criticize Apple.
Apple shared the following statement with MacRumors:
Epic’s egregious breach of its contractual obligations to Apple led courts to determine that Apple has the right to terminate “any or all of Epic Games’ wholly owned subsidiaries, affiliates, and/or other entities under Epic Games’ control at any time and at Apple’s sole discretion.” In light of Epic’s past and ongoing behavior, Apple chose to exercise that right.
In short, Apple is leaning on a court ruling from 2021 that upholds its ability to terminate developer accounts that violate its guidelines. That’s the legal basis for which Apple is relying upon globally — not just in the EU. As recently as last month, Epic Games accepted existing rules of the Apple Developer Program like all other developers.
Note that this ruling was in the US, and the Swedish account had not violated the guidelines.
If Apple doesn’t want to have to have a business relationship with Epic, a great way to achieve that would be to do what every other platform maker has done for decades, and allow companies to distribute apps without going through Apple.
But if you insist that everything go through you then you’re obligated to treat everyone equally, even those that criticize you.
Putting Phil Schiller in charge of the App Store is going to be a hundred billion dollar mistake that all-told leaves Apple with a pile of legal, perhaps criminal, liability and a raft of draconian regulations around the world that massively compromise the iOS experience. This was clear years ago; it is unimaginable that he’s still calling the shots.
Previously:
- Thoughts on Apple’s DMA Compliance
- App Marketplaces: AltStore and Epic Games Store
- Epic Gets New Developer Account
- DMA Compliance: Alternative App Stores But No Sideloading
- Epic Wants Its Developer Account Back
- Apple Terminates Epic Games’ Developer Account
- Court Rules on Epic’s Temporary Restraining Order
- Apple to Cut Epic Off From iOS and Mac Developer Tools