In the dispute between them for more than a year now, Epic Games does not want to give up the case – even if it has already suffered many defeats – and Apple remains camped on its positions. For the maker of the iPhone, it is out of the question that the developers use a system of payment for purchases other than what it offers. And within days of the next hearing, he set out his objections to allowing app developers to link to third-party payment options: the answer is still no.
Apple does not intend to grant any preferential treatment to Epic, the developer of the Fortnite franchise. Indeed, in August 2020, the manufacturer of the iPhone to retire Fortnite from its App Store after Epic implemented its own payment system for in-app purchases, a solution that allows it to escape the 30% commission that Apple takes on every purchase. Epic and other developers have rebelled against this practice, but also against Apple forcing them to use its own payment system and banning alternatives. To justify itself, the company advances the argument of user security.
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After a lengthy trial, Judge Yvonne Gonzalez Rogers of the United States District Court rendered a decision largely in favor of Apple and upheld its practice of asking developers to use its in-app payment system, for which it receives fees. commissions. However, Gonzalez said he was concerned that consumers did not have access to information about other ways to pay for the apps. She ordered Apple to end its ban on “buttons, external links or other calls to action that direct customers to buying mechanisms” other than that of the company.
Apple has until December 9 to implement the order, but the company has appealed the decision and requested that the order be put on hold while the appeal is pending, which could take a year or more. . A hearing on this request is scheduled for November 9. Apple said for the first time on Friday that its strongest objections were to the requirement to allow buttons and links that provide a “mechanism” for outbound payments. The deposit suggested that Apple is less strongly opposed to allowing developers to provide information about other payment methods.
He said the links and buttons hamper his ability to require developers to use his payment systems, which the court confirmed. Linking restrictions are inextricably linked with Apple’s obligation to require developers to use its in-app payments. [IAP – in-app payments] for the purchase of digital content, an obligation that the court examined in detail and which it confirmed in the face of Epic’s challenge, Apple said. Apple has had fewer objections to in-app messages regarding other forms of payment.
However, he said he might want to “limit their location, format or content” and that the judge’s orders, as currently drafted, would not allow him to do so without exposing himself to others. legal challenges. Prior to that, last month, in response to a further request from Epic, Apple informed the developer that it will not consider any further requests to reinstate Fortnite until the district court judgment is final and not subject to change. ‘call. This means Apple plans to keep Fortnite out of its App Store until the calls are strong.
Here is the content of Apple’s letter: I am responding to your recent request that Apple reestablish Epic’s developer program account, which was terminated for cause last year. Epic committed an intentional breach of contract, and breach of trust, by withholding Apple code and making related inaccurate statements and omissions. In its ruling, the court recognized that “Apple had contractual rights to act as it did. It only enforced those rights as Epic Games internal documents provided.” ECF n 812, p. 178-79. The court also concluded that “Apple’s termination of [Developer Program License Agreement] and related agreements between Epic and Apple was valid, legal and enforceable. ”Id. 179.
Following this decision, Mr. Sweeney publicly stated that Epic “[n’changerait] not [un systme de paiement alternatif] to bring Fortnite back to iOS. “In light of this statement and other statements made since the court ruling, as well as the duplicity of Epic’s behavior in the past, Apple has exercised its discretion not to reinstate the Development Program account to Epic at this time, and Apple will not consider any further reinstatement applications until the district court judgment is final and not subject to appeal.
In return, Tim Sweeney, CEO of Epic, said that Epic will continue to fight against the tech glove. This is another extraordinary anti-competitive move on Apple’s part, demonstrating its power to reshape markets and pick winners and losers, Sweeney said. In a statement to the MacRumors site, Apple said Epic will return to the App Store if it follows the rules.
As we’ve always said, we would love for Epic to return to the App Store if they agree to play by the same rules as everyone else. Epic has admitted to breaking the contract and, at this time, there is no legitimate basis for reestablishing their developer account, Apple said.
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