You bring up very good points! But upon closer inspection of the details, the operators (and, also, or, etc.) matter.
Epic says that it is "
requesting that Apple agrees in principle to permit Epic to roll out these options for the benefit of all iOS customers. We also hope that Apple will also make these options equally available to all iOS developers in order to make software sales and distribution on the iOS platform as open and competitive as it is on personal computers."
"Also" is a variant of the logical operator "and". If I'm writing a line of code that says:
if (dog = short && happy) {return true};
Then the dog must be both short and happy to be true. The same logic applies to this letter. Epic's request is for both the inclusion of the Epic Game Store
and application of these policies made available to equally, to all developers. While neither proposition is contingent on the other, just as a short dog does not have to be happy and happy dog does not have to be short, both are need to satisfy Epic's request.
And yes, Epic does mention a side letter. But they also mention alterations to the contract in equally strong terms, using an "or" operator to separate the two conclusions: "
Apple would need to provide a side letter or alter its contracts and standards documents to remove such restrictions..."
So Epic is not
explicitly asking for side letter, nor is it asking for one first and foremost. Instead, it is asking for one or the other, equally. For example, If I were to ask what two integers I should multiply to get a sum of 10, one may say "1 and 10"
or "2 and 5". The person who replies is not suggesting that I choose 1 and 10 over 2 and 5, just that I can arrive at the same outcome. Indeed, if Apple were to include all developers in the scope of the side letter - again, the only legal mechanism Apple provides for making bilateral changes to the App Developer Agreement - Epic would achieve the same result.
This is emphasized in an email two months later, when Epic reiterates its wish for a change in policy and makes no mention of a side letter:
View attachment 951618
If Epic wanted a side letter, they would have consistently asked for it in all of their communications. Instead, they only ask for "historic change" to lift platform restrictions and changes to the contract.
The devil really is in the details.