Apple Banned Epic Games' Developer Account, So How Is Fortnite Coming Back to the U.S. App Store?

[MacRumors]

In the early days of the Apple vs. Epic Games legal battle, Apple banned the Epic Games developer account and all of Epic's titles, like Fortnite, disappeared from the App Store. Epic Games' U.S. developer account has been banned for almost five years now, so when Epic said last week that it would bring Fortnite back to the App Store in the U.S., it wasn't clear how that would work.

Epic Games CEO Tim Sweeney said over the weekend (via The Verge) that Epic will use its Epic Games Sweden account to submit Fortnite to the App Store in the U.S. Apparently, Sweeney has spoken to Apple about the issue, and based on his wording, it sounds like Apple could allow the plan, but he did not say that he has explicit approval from Apple.

We have conversed with Apple on the topic and will use our Epic Games Sweden account to submit Fortnite to the US App Store. We created this account last year to launch Epic Games Store and Fortnite in the European Union, and Apple required an EU-domiciled account.

After Apple was required to support alternative app marketplaces in the European Union under the Digital Markets Act, Epic Games created an account based in Sweden in order to launch the Epic Games Store. Apple initially shut down Epic Games' EU developer account due to Epic's pattern of untrustworthy behavior, but that didn't last. Apple's statement from when it banned the EU account:

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.

Epic Games claimed that Apple was violating the Digital Markets Act by not allowing it to create an alternative app marketplace in Europe, and the European Union started questioning Apple. Apple ultimately reinstated the account after Epic Games promised to follow the alternative marketplace rules, and Apple avoided issue with EU regulators.

The outcome of the Apple vs. Epic Games dispute in the U.S. resulted in Apple not having to reinstate the U.S. Epic Games account, and it sounds like Apple still has no plan to do so. Apple could object to Epic Games trying to return Fortnite to the App Store using the Swedish account, but given that Apple is already facing the wrath of the judge overseeing the case, it may not want to attract further attention.

Epic Games CEO Tim Sweeney offered a "peace proposal" to Apple last week, claiming that if Apple extends its "Apple-tax-free" framework worldwide, Epic would return Fortnite to the App Store and drop current and future litigation. So far, Apple has given no sign that it will implement the App Store link and payment changes outside of the United States.

Apple is now required to allow developers to add links and buttons to their apps directing customers to purchase options outside of the App Store.

Sweeney said that Epic Games is working "as hard as possible" to return Fortnite to the App Store, but that he doesn't yet know when it will be ready to launch.

Article Link: Apple Banned Epic Games' Developer Account, So How Is Fortnite Coming Back to the U.S. App Store?

 

[turbineseaplane]

Un-ban it?

Apple didn't kill an organic being that can't be brought back to life here or anything.

 

[Think|Different]

Just don't approve them ever again. It's their platform, remember?

 

[dannyyankou]

I understand Epic Games broke rules that were in place at the time. But if a judge determined those rules were illegal, Apple should reinstate their developer account.

 

[jz0309]

I have a hard time to believe that the original ban of Epic would NOT apply to Epic subsidiaries in whatever location.
So imho, legally, Apple can ban that Swedish account too.

Since apple has already filed an appeal to last weeks order, why would they be "afraid" of the judge in this matter.

Epic deserved back then and still today to be banned, never ever a word of remorse nor apology or whatever.

 

[mcfrazieriv]

I think this would be a loophole. After all, if the Swedish account somehow broke new rules and thus got banned, the EU posted apps would get effected and I bet the EU would turn around and retaliate against Apple.

Apple may just block accounts from non-US AppStores from posting anything in the US.

 

[jz0309]

I understand Epic Games broke rules that were in place at the time. But if a judge determined those rules were illegal, Apple should reinstate their developer account.

that's not what the judge did last week, that had to do with links within apps to developers websites for payment.

 

[TechRemarker]

Epic has no say in whether it returns or not. If they did they would have long returned. Nothing has changed just one small ruling in regards to now they can mention and have links to external payment systems. Epic simply makes thing up in attempt to create confusion and public sympathy. Whether Epic offers a peace offering or not presumably matters little to Apple since Apple is winning all the major rulings against them. To think of all the money Epic has lost from all the court patterings and breaking the rules, but presume they hope some day to get a substancial victory just like Spotify hopes.

 

[klasma]

Un-ban it?

Apple didn't kill an organic being that can't be brought back to life here or anything.

They haven’t implemented un-banning yet, too busy with Apple Intelligence.

 

[dannyyankou]

that's not what the judge did last week, that had to do with links within apps to developers websites for payment.

Fair enough. But the whole reason for that judgement last week is because Apple tried to make developers pay 27%, even with links within apps. The whole reason they banned Epic in the first place is because Epic didn’t want to share their revenue. I really think Apple should just let this go.

 

[turbineseaplane]

They haven’t implemented un-banning yet, too busy with Apple Intelligence.

“Hey Siri … Unban Epic”

“Here’s what I found for Ozempic”

 

[rjp1]

Time for Apple to take the L and move on.

 

[Art Mark]

I'm amazed anyone cares about Fortnite...when will that be passed up and forgotten?

 

[Jumpthesnark]

Epic simply makes thing up in attempt to create confusion and public sympathy.

This was my first thought when I read the post. I think MR needs to be so careful about their sourcing when the source is Tim Sweeney, and they don't have anyone else backing up his statements.

Separately, if Apple DOES want to let Epic out of their app store doghouse, then the fact that Epic was previously banned should make no difference. Apple makes the rules and they should be able to un-ban a company as well as to ban them. Unless I'm missing something.

 

[Aeronauts]

The EU are not going to change their rules so Tim Cook should stop behaving like a petulant child and accept the new reality.

 

[surferfb]

I understand Epic Games broke rules that were in place at the time. But if a judge determined those rules were illegal, Apple should reinstate their developer account.

Except the judge didn’t determine the rules that led to Epic being kicked out were illegal.

 

[klasma]

“Hey Siri … Unban Epic”

“Here’s what I found for Ozempic”

“I’m not sure which message you’re trying to unsend”, for me. To be fair, I didn’t ban Epic, so I can’t exactly blame Siri.

 

[airwalk331]

No sympathy for either company in this.

 

[Bokito]

I understand Epic Games broke rules that were in place at the time. But if a judge determined those rules were illegal, Apple should reinstate their developer account.

The judge didn't declare (all) those rules illegal. Apple only got punished for not following the court's orders, bad faith and outright lying to the judge. That ruling is sort of in line with Epic's requests to the judge, but it doesn't make Apple's rules illegal and not retroactive. Epic still willfully broke their App Store agreements and the rules it broke were not illegal at that time.

Seeing how Epic is handling this you can also call this bad faith. This case is gonna last I guess. Apple has a multi-billion dollar revenue stream to protect, so I don't think they settle on this anytime soon.

 

[MallardDuck]

What's next, requiring Google to provide a link to 'use Bing Search Engine' on their home page? Forcing the local dairy to have a 'buy oatmillk' label on their gallon of 2%?

 

[russell_314]

Apple banned the Epic Games developer account and all of Epic's titles, like Fortnite, disappeared from the App Store. Epic Games' U.S. developer account has been banned for almost five years now, so when Epic said last week that it would bring Fortnite back to the App Store in the U.S., it wasn't clear how that would work.

Come on do we really need to hold Tim Sweeney’s hand? I know these people are so out of touch with reality but when your account gets banned, you create a new one. Normal people know how to do this so maybe Tim can ask his janitor how?

 

[TechWhisperer]

Steve is directing this from his grave. Mark my words. Apple is not going to budge.

 

[DocMultimedia]

Please powers above, announce the bankruptcy of Epic tomorrow. What a waste of gaming.

 

[chelsel]

If anything, I'll say Apple is stubborn. I just want the oxygen sensor enabled on my AW Ultra 2. Gotta be a relatively small licensing fee for the patent holder. But no.... no O2 sensor for me.

 

[GuyDouche]

Good. About time legal caught up with Apple’s business practices. It’s not a matter of if, but when companies get caught.