Game publisher and developer Epic Games is suing Apple and Google after both companies removed the popular Fortnite video game from their app stores. Attorneys representing Epic Games filed the lawsuit today at the US District Court for the Northern District of California.
According to Epic’s complaint, Apple has become what it once disliked: “the behemoth seeking to control markets, block competition, and stifle innovation.” Epic says Apple’s behavior violates California’s Unfair Competition Law, the Cartwright Act, and sections 1 and 2 of the Sherman Act.
The reason for Epic’s complaint:
“This case concerns Apple’s use of a series of anti-competitive restraints and monopolistic practices in markets for (i) the distribution of software applications (“apps”) to users of mobile computing devices like smartphones and tablets, and (ii) the processing of consumers’ payments for digital content used within iOS mobile apps (“in-app content”). Apple imposes unreasonable and unlawful restraints to completely monopolize both markets and prevent software developers from reaching the over one billion users of its mobile devices (e.g., iPhone and iPad) unless they go through a single store controlled by Apple, the App Store, where Apple exacts an oppressive 30% tax on the sale of every app. Apple also requires software developers who wish to sell digital in-app content to those consumers to use a single payment processing option offered by Apple, In-App Purchase, which likewise carries a 30% tax.”
Epic released a video called “Ninteteen Eighty-Fortnite” based on the unforgettable 1984 Apple commercial about Apple entering the personal computer industry when IBM was dominating the entire computer industry.
“Epic Games has defied the App Store Monopoly. In retaliation, Apple is blocking Fortnite from a billion devices. Join the fight to stop 2020 from becoming “1984”.” #FreeFortnite
Epic Games has defied the App Store Monopoly. In retaliation, Apple is blocking Fortnite from a billion devices.
Visit https://t.co/K3S07w5uEk and join the fight to stop 2020 from becoming "1984" https://t.co/tpsiCW4gqK
— Fortnite (@FortniteGame) August 13, 2020
The complaint comes after Epic Games included the “Epic direct payment” option for players of Fortnite who own iPhones and iPads. The option gave players a cheaper price for V-Bucks, the game’s currency. On iOS, Epic Games was charging $9.99 via the App Store for 1000 V-Bucks. With its own payment method, which excludes the 30% Apple tax, the price for $10 V-Bucks was reduced to $7.99.
“If you want to unlock features or functionality within your app, (by way of example: subscriptions, in-game currencies, game levels, access to premium content, or unlocking a full version), you must use in-app purchase,” says Apple’s guidelines about in-app purchases. “Apps may not use their own mechanisms to unlock content or functionality, such as license keys, augmented reality markers, QR codes, etc. Apps and their metadata may not include buttons, external links, or other calls to action that direct customers to purchasing mechanisms other than in-app purchase.”
Google has also followed the steps of its competitor by kicking out Fortnite off its Google Play store.
“The open Android ecosystem lets developers distribute apps through multiple app stores. For game developers who choose to use the Play Store, we have consistent policies that are fair to developers and keep the store safe for users. While Fortnite remains available on Android, we can no longer make it available on Play because it violates our policies. However, we welcome the opportunity to continue our discussions with Epic and bring Fortnite back to Google Play.”
Epic reacted with another lawsuit against Google. “Epic likewise does not seek a side deal or favorable treatment from Google for itself. Instead, Epic seeks injunctive relief that would deliver Google’s broken promise: an open, competitive Android ecosystem for all users and
industry participants. Such injunctive relief is sorely needed.”
Owners of Android devices can still install Fortnite via the Samsung Galaxy Store.
[Sources]: Epic Games: #FreeFortnite; Announcing Epic Direct Payment on Mobile; The Fortnite Mega Drop – Permanent Discounts Up to 20%.
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