On Fri, Feb 23, 2024 at 1:35 PM Phil Schiller
<redacted> @apple.com> wrote:
Hi Tim,
I hope that you are well.
As you are aware, Apple is deeply committed to the success of developers, and to providing the best, most secure experience possible for users. One of the ways we ensure that the Apple ecosystem delivers on these commitments is by requiring all participants in the Apple Developer Program to abide by its terms, including the Apple Developer Program License Agreement.
We have launched a comprehensive plan to comply with the new requirements of the Digital Markets Act, which requires changes to iOS, Safari, and the App Store in the European Union. For developers, these changes include new capabilities and business terms. Because the changes required by the DMA also introduce greater risks to the ecosystem, the changes also include additional protections for users.
Epic Games Sweden AB recently enrolled in the Developer Program. According to Epic's website, this entity "will operate the mobile Epic Games Store and Fortnite in Europe."
We welcome all developers to the Developer Program so long as they follow the rules. Those rules, including the DPLA and the App Store Review Guidelines, are intended to protect the integrity of the ecosystem, developers large and small, and - most importantly-users. Accordingly, developers who are unable or unwilling to keep their promises can't continue to participate in the Developer Program.
In the past, Epic has entered into agreements with Apple and then broken them. For example, you testified that Epic Games, Inc. entered into the Developer Program with full understanding of its terms, and then chose to intentionally breach the agreement with Apple. You also testified that Epic deliberately violated Apple's rules, to make a point and for financial gain. More recently, you have described our DMA compliance plan as "hot garbage," a "horror show," and a "devious new instance of Malicious Compliance." And you have complained about what you called "Junk Fees" and "Apple taxes."
Your colorful criticism of our DMA compliance plan, coupled with Epic's past practice of intentionally violating contractual provisions with which it disagrees, strongly suggest that Epic Sweden does not intend to follow the rules. Another intentional breach could threaten the integrity of the iOSplatform, as well as the security and privacy of users.
You have stated that allowing enrollment of Epic Games Sweden in the Developer Program is "a good faith move by Apple." We invite you to provide us with written assurance that you are also acting in good faith, and that Epic Games Sweden will, despite your public actions and rhetoric, honor all of its commitments. In plain, unqualified terms, please tell us why we should trust Epic this time.
Thanks,
Phil