Under pressure, Apple will restore Epic Games' developer account in the EU

AppleInsider

Epic has committed to not violating Apple's App Store rules and DMA policies, and now both Apple and Epic Games are saying that Epic's third-party app store developer's account will be restored.

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What a difference two days can make. Less than 48 hours after Epic disclosed that it hadn't guaranteed that it would follow Apple's rules to Apple's satisfaction, Apple has reversed course because Epic has now said that it will comply.

"Following conversations with Epic, they have committed to follow the rules, including our [Digital Markets Act] policies," Apple said in a statement to AppleInsider. "As a result, Epic Sweden AB has been permitted to re-sign the developer agreement and accepted into the Apple Developer Program."

According to Epic on Friday, Apple will reinstate the account it set up that the company will use to launch a third-party App Store in the European Union.

"Apple has told us and committed to the European Commission that they will reinstate our developer account. This sends a strong signal to developers that the European Commission will act swiftly to enforce the Digital Markets Act and hold gatekeepers accountable. We are moving forward as planned to launch the Epic Games Store and bring Fortnite back to iOS in Europe. Onward!"

This comes after one European Union official said that they prioritized looking into the matter on behalf of Epic, and a creator of the Digital Markets Act said that Apple was looking for trouble and asking to be first penalized under the terms of the law.

Epic CEO Tim Sweeney chimed in on the matter in a post on X, but it appears that a "swift inquiry" cited by Sweeney wasn't the reason behind the restoration.

The DMA went through its first major challenge with Apple banning Epic Games Sweden from competing with the App Store, and the DMA just had its first major victory. Following a swift inquiry by the European Commission, Apple notified the Commission and Epic that it would relent

-- Tim Sweeney (@TimSweeneyEpic)

March 8, 2024

Apple canceled the Epic Games developer account in August 2020, after the gaming firm violated App Store agreements in what turned out to be the start of a years-old legal battle. Apple wanted to remove all of Epic's developer accounts, but a judge insisted that removing its Unreal Engine account would have harmful effects on its countless users.

Epic had asked Apple to allow it a developer account when it wanted to sell apps in Korea. Apple refused. The company said that it would only allow Epic Games back when it "agree[s] to play by the same rules as everyone else."

Then while Epic Games its legal case against Apple, the EU introduced the Digital Markets Act. As a consequence, Apple has had to allow for alternative app stores within the region.

Epic announced its intention to open a third-party App Store almost immediately. When Apple killed the account on Wednesday, its lawyers were clear about why.

"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," Apple's attorneys said, in a statement cited by Epic on Wednesday. "It boiled down to an unsupported 'trust us.' History shows, however, that Epic is verifiably untrustworthy, hence the request for meaningful commitments."

It's not clear when Epic's iOS App Store will open.



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tmay

So, Apple "capitulated".

From here on out, it will be up to EU consumers to vote with their wallets to determine whether the DMA will actually work as intended.

foregoneconclusion

IMO, a calculated move by Apple to increase the odds that Epic actually follows the terms in the EU. It’s likely the outcome they were expecting. Epic will get it’s store but now has more pressure to play by the rules due to the EU going up to bat for them.

gatorguy

foregoneconclusion said:

IMO, a calculated move by Apple to increase the odds that Epic actually follows the terms in the EU. It’s likely the outcome they were expecting. Epic will get it’s store but now has more pressure to play by the rules due to the EU going up to bat for them.

I think EVERY move by Apple is a calculated one, but rarely the math is bad and figures don't equal the desired result. 

mikethemartian

Lately Apple has been folding quicker than a lawn chair.

ihatescreennames

mikethemartian said:

Lately Apple has been folding quicker than a lawn chair.

This article makes it seem like it was Epic that came into line.

gatorguy

ihatescreennames said:

mikethemartian said:

Lately Apple has been folding quicker than a lawn chair.

This article makes it seem like it was Epic that came into line.

The article from two days ago said that Apple had asked Epic for a performance guarantee, and Epic agreed to it, in writing. Apple then said it didn't matter; they had the sole discretion of approving or denying the developer agreement for any reason, and they were denying it anyway.

 It doesn't appear Epic made any other guarantees beyond again, in writing, saying the same thing: "we'll honor the agreement".

omasou

Apple didn't fold to pressure from the EU.

They got exactly what they wanted.

Which is to make sure that Epic/Sweeney sign the new developer's agreement.

If he breaks it again, I'm willing to bet there will be absolutely nothing he can do to restore it.

avon b7

foregoneconclusion said:

IMO, a calculated move by Apple to increase the odds that Epic actually follows the terms in the EU. It’s likely the outcome they were expecting. Epic will get it’s store but now has more pressure to play by the rules due to the EU going up to bat for them.

It's early days (we are still waiting to see if Apple's app store conditions get the nod) but it seems Apple has decided to keep the cord tense.

That is sure to irritate the EU and reduce patience with them. 

Back room meetings and disagreements from years ago might see their consequences float to the surface and play out in public. 

gatorguy

omasou said:

Apple didn't fold to pressure from the EU.

They got exactly what they wanted.

Which is to make sure that Epic/Sweeney sign the new developer's agreement.

If he breaks it again, I'm willing to bet there will be absolutely nothing he can do to restore it.

The implication, according to EU Commissioner Thierry Breton, is that Apple did indeed "fold" after the commission contacted them with their concerns. 
Quoting, he says he takes "note with satisfaction that, following our contacts, Apple decided to backtrack its decision on Epic exclusion". 

danox

Tim Cook green light that Apple in house game engine and while you are at it green light those Apple servers......Long term you can't trust Epic or Unity similar to what transpired with Intel, continue to build new ecosystems, the parasitic companies like Epic or Spotify won't stop lobbying Government to help them with their bad planning. In short continue being a vertical computer company.

https://www.notebookcheck.net/Apple-MacBook-Air-13-M3-review-A-lot-faster-and-with-Wi-Fi-6E.811129.0.html Far ahead of competition....Performance/wattage/fit/finish/battery life...
 

nubus

gatorguy said:

The implication, according to EU Commissioner Thierry Breton, is that Apple did indeed "fold" after the commission contacted them with their concerns. 
Quoting, he says he takes "note with satisfaction that, following our contacts, Apple decided to backtrack its decision on Epic exclusion". 

Apple did indeed "fold". What happened? And why did it take 2 days to reverse this decision? Books could and should be written about this.

9secondkox2

danox said:

Tim Cook green light that Apple in house game engine and while you are at it green light those Apple servers......Long term you can't trust Epic or Unity similar to what transpired with Intel, continue to build new ecosystems, the parasitic companies like Epic or Spotify won't stop lobbying Government to help them with their bad planning. In short continue being a vertical computer company.

https://www.notebookcheck.net/Apple-MacBook-Air-13-M3-review-A-lot-faster-and-with-Wi-Fi-6E.811129.0.html Far ahead of competition....Performance/wattage/fit/finish/battery life...
 

This. If apple really wants to maintain an iron hand, develop a 3D engine that is superior to unreal 5. 

It’s a tall order, but can be done. 

Apple has all kinds of APIs for various functions. Would be killer if they developed a 3D game engine snd licensed it. Take a big bite out of epics bread and butter. Car companies wouldn’t need to use unreal for infotainment. They could just use CarPlay with Apples Reality Engine or whatever bundled in. 

chasm

mikethemartian said:

Lately Apple has been folding quicker than a lawn chair.

You probably should have read the whole article.

It’s made quite clear in the third paragraph that Apple required an IRON CLAD (read: legally-binding document) promise from Tim Whiney promising to obey the rules THIS time, and that he FULLY understood what the penalty would be for the SLIGHTEST of breaches, before they’d agree to restore the account. Legal agreements are negotiated through “conversations,” but they are sealed with a signature.

I predict he will break the rules, and gain himself a lifetime ban, in due course. His desire to make himself a martyr is almost as large as his desire to nickel-and-dime his users to death.

gatorguy

chasm said:

mikethemartian said:

Lately Apple has been folding quicker than a lawn chair.

You probably should have read the whole article.

It’s made quite clear in the third paragraph that Apple required an IRON CLAD (read: legally-binding document) promise from Tim Whiney promising to obey the rules THIS time, and that he FULLY understood what the penalty would be for the SLIGHTEST of breaches, before they’d agree to restore the account. Legal agreements are negotiated through “conversations,” but they are sealed with a signature.

I predict he will break the rules, and gain himself a lifetime ban, in due course. His desire to make himself a martyr is almost as large as his desire to nickel-and-dime his users to death.

On other blogs, and based on statements Apple has sent to them, Epic had to re-sign the developer legal agreement that Apple had voided, presumably the same document they had already signed. Nowhere has Apple stated what you claim: that a special new Epic agreement had to be negotiated, or that Epic had to sign anything different from the same Apple developers agreement they previously signed.  If I'm wrong, please post the source.  

ericthehalfbee

People are missing the key part of this. Apple stating Epic has agreed to abide by rules “including our DMA policies”.

It’s been 6 weeks since Apple announced rules for third party stores that some people (like Sweeney and Ek) are calling “malicious compliance” and against the spirit of the DMA.

So my question is this. After 6 weeks the EU has done nothing about this. I’ve seen no investigation or even a suggestion of one. Yet this Epic ban apparently needed to be looked at immediately by the EU?

The fact nothing has been done about Apple’s rules suggests that Apple is, in fact, in compliance with the DMA and these rules are staying.

nubus

9secondkox2 said:

If apple really wants to maintain an iron hand, develop a 3D engine that is superior to unreal 5. 

It’s a tall order, but can be done. 

Why would developers use an engine developed by Apple after what happened to their fellow developer Epic? What will Apple be able to deliver for Playstation, Xbox,... that developers can't already get from Unity?

wood1208

Looser EU always look to screw Apple.

dewme

So this time Epic is totally committed to complying to its pinky promise with Apple not to be an unruly child. Probably not going to happen.

It’s very troubling, very sad, and a blow to human progress that an aspiring politician and a sociopathic game maker can tag-team to f*** with the world’s most valuable company with total impunity. We are definitely living in a distorted reality as members of a species obsessed with destroying anything that is good.

I think it may be a good time to invest in an Apple Vision Pro and escape into an alternate universe for 10-20 hours a day. Equipped with a catheter, feeding tube, and ginormous power source with emergency backup, maybe stay in there for 24 hours a day, 7 days a week, 365 days a year until society returns to “normal.” Probably not going to happen.

 

gatorguy

ericthehalfbee said:

eeks the EU has done nothing about this. I’ve seen no investigation or even a suggestion of one. Yet this Epic ban apparently needed to be looked at immediately by the EU?

The fact nothing has been done about Apple’s rules suggests that Apple is, in fact, in compliance with the DMA and these rules are staying.

It's only been two days, not weeks, since the EU DMA rules went into effect. The commission announced in advance that March 7th was the day that active examinations of the gatekeepers compliance would begin.

 I fully expect a few knocks on doors, and a bit of fine-tuning from the affected big techs, preferably without fines being the driving reason for the requisite changes.

ericthehalfbee

gatorguy said:

ericthehalfbee said:

eeks the EU has done nothing about this. I’ve seen no investigation or even a suggestion of one. Yet this Epic ban apparently needed to be looked at immediately by the EU?

The fact nothing has been done about Apple’s rules suggests that Apple is, in fact, in compliance with the DMA and these rules are staying.

It's only been two days, not weeks, since the EU DMA rules went into effect. The commission announced in advance that March 7th was the day that active examinations of the gatekeepers compliance would begin.

 I fully expect a few knocks on doors, and a bit of fine-tuning from the affected big techs, preferably without fines being the driving reason for the requisite changes.

That’s quite the spin. There’s no stipulation that says the EU has to wait until the DMA comes into effect before they investigate any potential issues. Especially with the complaints from Epic & Spotify.

If the EU fine tunes the DMA it exposes them as the utter incompetent and idiotic lawmakers they truly are.