Apple seeks damages from Epic for introducing Fortnite payment system – IT Pro – News

The fact that epic has no negotiating position does not make it less of a contract.

Definition of a contract: written agreement

A agreement implies consultation and agreement and input from both parties and there is a degree of equality in it. There is no such equality in the general terms and conditions of the AppStore.

The price of train tickets is indeed fixed and conditions have been set by the transport provider. These conditions and pricing are reached in agreement with the government / cabinet and reviewed to ensure, among other things, the safety of transport personnel and passengers.

Petrol at the pump: if you don’t like the price of the Shell, you go to the Tinq, or the BP, or the Esso, or …..

The ISP, that’s a nice one: if they unilaterally change their conditions, this is only possible if they:

• the old conditions state that they reserve the right to change the conditions
• Inform every customer of the changed conditions
• Clearly explain the changed conditions and why they were done
• The customer has the legal right not to accept the amended terms and conditions and may terminate the contract within 30 days without any compensation (i.e. no penalty payment) and can switch to another provider

For example, I know someone who in (I believe) 1998 a Goldmine (became chello, became UPC, became Ziggo) cable subscription and only had to accept new terms and conditions many years later, because he was moving. Condition 1 had not been met by Goldmine.

I partly agree with you that Epic is in breach of contract. They no longer want to adhere to the unilaterally imposed, but agreed, conditions. However, the reasons they give for this are also understandable.
This is not a black and white affair and it remains to be seen how this will all turn out.

The EU has started an investigation into whether the method used by Apple is permissible. So there can also be a lawsuit. For example, several studies are ongoing in multiple countries / regions to Apple. It may be very difficult for Apple to meet all requirements in all countries.
Suppose the EU says that 30% is a too high rate and that this should be lowered, but in Australia they think the amount is fine, in the USA it may even be higher by the Supreme Court (and yes, this is all purely hypothetical). How will Apple ensure that they meet all requirements worldwide?
How does Apple deal with a device that was bought in the USA by an Australian who buys an app while on holiday in Europe? What rate should Apple use?

[Reactie gewijzigd door walteij op 9 september 2020 10:18]

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