Let's look at this in a a different way, say the App Store was Kroger's instead, and Epic was Nestle, and Nestle wanted to sell the Kit Kat in the Kroger store. Nestle would ship the Kit Kat to the Kroger store, at a wholesale or less price, Kroger would then provide an appropriate space in there stores to 'market/advertise' the Kit Kat, and would add their Gross Margin to it. What do you think Kroger's would say to Nestle if they wanted a bigger cut? Probably 'goodbye'.
How is this different to what Apple are doing? If Epic don't like it, they don't have to sell it there, and as they already market there product in at least 5 other distribution channels, what is the point of all this. It's also free!
No. If you broke a rule in an agreement that you reasonably believe is illegal (or in furtherance of illegal activity), the resulting action from the other party/parties in the agreement would provide standing for a lawsuit, at which point courts may determine whether that rule is in fact legal.I emphasised the important parts.
Now the question comes along of "what do you to dith a company who puropsely and intentionally broke the rules just to be harmed"
Can I sue someone for shooting me if my whole intent was breaking into their house in the hopes I would be shot?
I think the answer to this and what Apple did is, is this a fair and reasonable response to someone breaking the rules?
That's what's going to happen here. The same exact policy can't be legal according to Apple and Google but also illegal according to Epic. The courts will decide if it's actually illegal or not.No. If you broke a rule in an agreement that you reasonably believe is illegal (or in furtherance of illegal activity), the resulting action from the other party/parties in the agreement would provide standing for a lawsuit, at which point courts may determine whether that rule is in fact legal.
Using the Verge article to highlight some observationsTo be honest I really hope that Epic is successful with their legal challenge. You clearly have a small number of companies that have a monopoly over their platform stores, and for the most part all the stores arbitrarily have the same cut, regardless of their expenses. Those are monopolies and that could be considered price fixing. Spotify is a great example of a company getting hosed. The amount of money every musician in the world makes today from their music is directly effected by this 30% fee. That’s a huge cut for a lot of people that don’t make a lot of money. Same goes for all the little independent devs that make up the big long tail of content that makes the App stores so popular. It was one thing when these stores were just getting started, but now they wield a lot of power, and if you want to serve a mobile audience you have to do it through these stores.
Apple originally launched the App Store as a way to add value to the iPhone and sell more of its handsets. “It costs money to run it,” explained Steve Jobs in a Wall Street Journalinterview at the launch of the App Store in 2008. “Those free apps cost money to store and to deliver wirelessly. The paid apps cost money, too. They have to pay for some of the free apps. We don’t expect this to be a big profit generator. We expect it to add value to the iPhone. We’ll sell more iPhones because of it.” Apple’s App Store is now a massive $519 billion developer ecosystem. It’s also a key part of Apple’s growing services business, which is the second biggest revenue driver for the company, behind the iPhone.
Apple and Google both argue this huge 30 percent fee is necessary for them to maintain their app stores and the security and simplicity they provide, but developers don’t agree. Others have tried to fight Apple’s 30 percent tax in the past by encouraging customers to sign up to services or purchase digital goods outside of Apple’s App Store. Some have compromised by jacking up their iOS prices to help recoup the lost 30 percent.
Apple originally used this Super Bowl commercial to highlight IBM’s dominance back in 1984, comparing the corporation to the dystopian novel by George Orwell that focuses on totalitarian political systems. “Apple has become what it once railed against: the behemoth seeking to control markets, block competition, and stifle innovation,” says Epic Games. “Apple is bigger, more powerful, more entrenched, and more pernicious than the monopolists of yesteryear.”
This part about developers are terrified of Apple I find interesting . . .look at the daring FireBall article linked.At around the same time, Apple got caught up in a bitter dispute over Hey — a new subscription email app — just days before its annual developers conference. Apple initially approved the Hey app in the App Store before rejecting a bug-fix update because it claimed Hey violated the rules by not offering in-app subscriptions. This led to a public back-and-forth that highlighted the inconsistent way Apple applies its rules, and it revealed just how much developers are terrified of Apple.
To say that “many developers do not want to speak out for fear of falling afoul of Apple” is an understatement. Almost none do. And one thing I’ve learned this week — mostly via private communication, because, again, they fear speaking out publicly — is that there are a lot of them. Without touching upon the question of who’s right and who’s wrong in the specific case of Basecamp’s Hey app, or the broader questions of what, if anything, ought to change in Apple’s App Store policies, an undeniable and important undercurrent to this story is that the business model policies of the App Store have resulted in a tremendous amount of resentment. This spans the entire gamut from one-person indies all the way up to the handful of large corporations that can be considered Apple’s peers or near-peers.
This resentment runs deep and is stunningly widespread. You have to trust me on the number of stories I’ve been told in confidence, just this week. Again, putting aside everything else — legal questions of antitrust and competition, ethical questions about what’s fair, procedural questions regarding what should change in the written and unwritten App Store rules, acknowledgement of all the undeniably great things about the App Store from the perspective of users and developers — this deep widespread resentment among developers large and small is a serious problem for Apple.
Even if you think Apple is doing nothing wrong, it’s not healthy or sustainable if the developers of a huge number of popular apps are only in the App Store because they feel they have to be there, not because they want to be there, and if they feel — justifiably or not — that Apple is taking advantage of their need to be there. Tim Cook rightly loves to cite Apple’s high customer satisfaction scores as a measure of success. I think if Apple measured developer satisfaction scores on the App Store, the results would be jarring.
Sorry nope, they can sell to those customers, those customers are people who want to play their game, they can do that, on another device.Nestle is allowed to say on their packaging if you'd like something extra, go to our website and pay us for the extra?
Nestle is allowed to go down the street and sell their product at 10 other stores, to the same group of customers
A physical store has much higher operating expenses than a digital store that sells nothing but bits someone else produced?
How about this for an example, you walk into Barns & Noble and pickup MacLife.
You paid B&N for the product that they purchased, stocked the shelves with, and you used their cashiers/payment services to buy the magazine.
You go home, find you like the magazine and want to subscribe. You don't go to B&N and let them take money off the top, you go to MacLife and pay them for their subscription/content directly, and they make money for the content they produce.
Why is it so hard for people to understand that pretty much the only place in the world these strange "you owe me for everything your customer does" rules exists is in platform app stores? I have yet to see anyone list a good analog from the physical world.
WWF - Royal RumbleYoutube video - check.
Lawsuit prepared to file - check.
Epic came to the party "locked and loaded".
Yes, it's going to be a hell of a fight!
Yep, they are all terrified here e.g. Downie when Apple “accidentally” flagged his App as malware and then after 1 day out of business they brought his App back to the AppStore. See his comment reply, you see he fears getting kicked out for talking about it.Using the Verge article to highlight some observations
First being how big is the Apple App store
This part about developers are terrified of Apple I find interesting . . .look at the daring FireBall article linked.
Think about all the observation copied to here before thinking that Apple is doing nothing wrong. Perhaps there are a lot of developers without EPIC's billions that have been putting up with not having any say and barely surviving that huge cut that Apple demands as well as Google. If you say a lot of stores all do the same thing, that leads back to price fixing theory. I'd almost say this is a good time for Apple to hear from developers besides EPIC and consider if what they are currently doing is fair considering how much money the store makes for them now, never mind the small fry that use the store to give away applications to get a name for themselves.![]()
Wrong, even with your “own” land example, you have to follow national and even international rules, as soon you involve other citizens or countries into your business. In your “own” land you also have to get your building plans approved, and often you can’t even paint the walls of your house with the color you want, you have to choose a color that harmonize with the other buildings surrounding you.Look at it like this. Apple and google own land. Epic want to build a house on the land.
In Apple’s town you can only build a house on Apple’s land. Epic build a house on Apple’s land. They rent the house out to tenants. The tenants pay £1,000 a month in rent. This is paid directly to Apple as the land owners. Apple give Epic £700 and keep £300 for themselves as the landowners. This is an agreement Apple and Epic came to before Epic built the house on Apple’s land. Epic approach the tenants and suggest to them that they only have to pay £800 a month in rent, however to do this they should pay the rent directly to Epic, thereby bypassing Apple. In this scenarios Epic are using Apple’s land to build and rent a house but don’t want to pay for the use of that land.
Now let’s look at Google and Epic.
Google are the biggest landowners in their town. However there are other landowners and people can own their own land. Google own the best land in the town, which is right in the town centre. Epic own a much smaller piece of land which is on the outskirts of town. Epic decide to build a house but decide that they don’t want to share any of the rent money. They build a house on their own land. They wait 18 months. They decide that they could get more tenants if they build their house on Google’s land he use it’s bigger and in the town centre. They build a house on Google’s land and they know that google expect them to share 30% of the rent money and that the rent should be paid directly to google. They agree to this because they know they can make more money on Google’s land. However they secretly still don’t want to to pay any rent money to google but they want to use Google’s land. They build their house on Google’s land and then approach the tenants directly and offer them the same deal as they offered that they offered the tenant on Apple’s land. They ask for only £800 but ask the tenants to pay The rent directly to them, thereby cutting google out of the deal.
To put it simply epic want to use the App Store and playstore and not pay any money to Apple or google.
Fortnight may be good or a bad company but all the mentioned points are very very valid, 30% to Apple, 30% Google, 40% to themselves after doing all the development, service, support, SLAs! Really astonishing that all these years they were willingly surrendered themselves! I won’t blame Apple for others being meek!
Apple has faced increasing scrutiny over its App Store practices from both developers and regulators in recent months. One particularly vocal critic has been Fortnite creator Epic Games, which has repeatedly referred to the App Store as a monopoly.
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In August 2020, Apple removed Fortnite from the App Store after Epic Games introduced a direct payment option in the app for its in-game currency V-Bucks, defying the App Store rules. In what appears to have been an orchestrated move, Epic Games promptly filed a lawsuit against Apple, accusing the company of anti-competitive actions.
Below, we've put together a timeline of the Epic Games vs. Apple saga.
June 16
June 23
- Epic Games CEO Tim Sweeney tells The Washington Post that "the iOS App Store's monopoly protects only Apple profit, not device security."
- Sweeney quote tweets The Washington Post's story: "Here Apple speaks of a level playing field. To me, this means: All iOS developers are free to process payments directly, all users are free to install software from any source. In this endeavor, Epic won't seek nor accept a special deal just for ourselves."
July 24
- Sweeney tweets: "Opening iOS and Android up as truly open platforms with a genuinely level playing field between first party and third party apps and stores is the only way to ensure a competitive, healthy, and fair app economy."
July 28
- Sweeney tells CNBC that the App Store is an "absolute monopoly," arguing that "Apple has locked down and crippled the ecosystem by inventing an absolute monopoly on the distribution of software, on the monetization of software."
August 1
- Sweeney tweets: "It pains me to complain about Apple in this way. Apple is one of the greatest companies that has ever existed, perhaps the greatest. But they're fundamentally wrong in blocking competition and choice on devices they make, and that holds up entire fields of technological progress."
- Sweeney tweets: "This is a critical consideration in these 30% store fees. They come off the top, before funding any developer costs. As a result, Apple and Google make more profit from most developers' games than the developers themselves. That is terribly unfair and exploitative."
August 13
- Sweeney tweets: "Apple's intentional anti-competitive strategy has been running for much longer than most realize. Here they are in 2011 muscling Kindle purchases off of iPhone by demanding 30% of e-book revenue, 'which we acknowledge is prohibitive for many things.'"
August 14
- Epic Games introduces a direct payment option in the Fortnite app for iPhone and iPad, allowing players to purchase in-game V-Bucks at a 20 percent discount by sidestepping Apple's in-app purchase mechanism. This functionality violates Apple's App Store Review Guidelines, which indicate that apps offering in-game currency must use Apple's in-app purchase mechanism only.
- The direct payment option is also added to the Fortnite app on Android in violation of Google's Play Store rules.
- Epic Games describes Apple's and Google's 30 percent cut on in-app purchases as "exorbitant." Epic also notes that apps that offer real-life goods and services like Uber, DoorDash, and StubHub are not required to use Apple's in-app purchase mechanism, a rule that it believes should apply to all developers.
- Apple removes Fortnite from the App Store. In a statement shared with MacRumors, the company said that "Epic Games took the unfortunate step of violating the App Store guidelines that are applied equally to every developer and designed to keep the store safe for our users." The full statement is below.
- Epic Games files a lawsuit [PDF] against Apple in California, describing the company as a "monopoly power" and accusing it of "unfair and anti-competitive actions." The complaint alleges that "Apple has become what it once railed against: the behemoth seeking to control markets, block competition, and stifle innovation."
- Epic Games shares a video called "Nineteen Eighty-Fortnite," parodying Apple's iconic "1984" ad. Whereas Apple's ad portrayed IBM as the evil "Big Brother," Epic Games aims to show that Apple is now the dominant power. "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.'"
- In a blog post, Epic Games encourages Fortnite players to fight against Apple's "app tax" by using the hashtag #FreeFortnite on social platforms.
- In an FAQ, Epic Games says that "all mobile developers and consumers have the right to choose alternate payment providers that charge less, as is the norm on all other general-purpose computing platforms, including Web, Windows, and Mac." Epic adds that "Apple even allows Amazon Prime Video to process payments directly as a special deal while holding other apps to a different standard."
- Spotify sides with Epic Games.
- Google removes Fortnite from the Play Store.
- Epic Games files a similar anti-competitive lawsuit against Google.
- Sweeney tweets: "Today, Apple said Epic is seeking a special deal, but that's not true. We're fighting for open platforms and policy changes equally benefiting all developers. And it'll be a hell of a fight!"
We will keep this timeline updated as further developments unfold in the Epic Games vs. Apple saga, so keep this page bookmarked to stay up to date.
- Sweeney tweets: "At the most basic level, we're fighting for the freedom of people who bought smartphones to install apps from sources of their choosing, the freedom for creators of apps to distribute them as they choose, and the freedom of both groups to do business directly."
Article Link: Epic Games vs. Apple: Timeline of Events Surrounding Fortnite's Removal From App Store
EXACTLY. The App Store is not a monopoly in any way, no matter how you slice it. Not happy with the App Store? Then dont put your game on it. Dont do business on the app store. Dont be a developer. If Epic Games is so great, then create your OWN platform and app store and make your own devices, like what apple does now (obviously that would be impossible for Epic Games) so just shut up and quit it.They could always not have their product on there if they weren’t happy.
As I've said numerous times on this forum, Apple is in business to make money not give stuff away for free. 30% is not bad at all when you consider that the developer is getting 70%. What other medium could a developer get that kind of a deal?
If they chose to sell the app themselves on their own website they would still incur expenses in getting the word out and getting people to download their app. I'm guessing that would amount to costing a lot more than 30% of the revenue on the app.
For App purchases alone Apple can charge 1-2% Max as a standard one and safeguarding customers card details. Beyond that App Store provides no utility for developers to cut 30%I hate that developers have to pay such a steep "tax" to have their game distributed on the various platforms. However, as a consumer, I do not want to give out my credit card to various companies. It's easier to trust and hold one company accountable for their practices in PCI Compliance than several companies. Especially with breaches that we've seen with Home Depot, Equifax, Target, etc. I would hate to see how less security focused companies are handling Credit Card information. I have to side with Apple on this one.
If Apple don’t like national, international rules and laws, then simply don’t build or offer an AppStore in those countries. No one forces them to offer AppStores in those countries. Monopoly is monopoly, what you/we think is irrelevant, court around the world will decide. We’ll see, i hope Apple lose the battle badly, get few stereo slaps, and goes away head down with sore cheeks.If developers don't like Apple's 30% take, then simply don't put your game on the App Store. No one forced you to be a developer for Apple. I think Apple's 30% is very reasonable, considering that Apple puts a lot of effort into the App Store, and has to pay for its engineers too and to maintain the high quality app store.
Just FYI, there were few other OSs in the market in the past 10 years like Blackberry, Windows Mobile, Sailfish, Symbion etc...only due to developers adoptions Android and iOS became the de facto OS in the market. If all major App Developers quit the platform it hurts the platform more than the developers.If Apple and Google hadn’t spent billions of dollars developing the operating systems, SDKs, app stores and secure payment systems that developers have benefited from then we would have had a much smaller app economy.
We would most likely be almost 10 years behind current progress because when iOS and Android came out they were a decade ahead of everything that existed.
So all these companies complaining owe Apple and Google a massive thank you and there is much more innovation ahead because of these two companies (and Microsoft).
Tencent, Bytedance and the CCP need to stop playing games and stop using Epic as a proxy attack. They owe Apple a debt of gratitude and profit from Apple greatly.
They should be grateful that phones don’t look like this anymore and aren’t full of very easy to exploit security holes...
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That's true, Apple could not offer the App Store in those countries. But that fact is Apple complies with the local laws and regulations, like pulling VPN from the Chinese App Store etc. So the App Store is legal in every country it operations. They are not offering any illegal App Stores in any country, so your argument isnt sound (they may not like the rules and laws, but they complied, so they are doing nothing wrong).If Apple don’t like national, international rules and laws, then simply don’t build or offer an AppStore in those countries.
Well, they complied up to a level, but Apple reached a critical mass and they have to check if Apple is acting anti-competitive, because then new rules and laws apply.That's true, Apple could not offer the App Store in those countries. But that fact is Apple complies with the local laws and regulations, like pulling VPN from the Chinese App Store etc. So the App Store is legal in every country it operations. They are not offering any illegal App Stores in any country, so your argument isnt sound (they may not like the rules and laws, but they complied, so they are doing nothing wrong).
How can anyone defend Epic's behaviour?
If they don't like what they deem as a 'monopoly' - the idea that they willingly agreed to a contract set-out by Apple for a service that they were not forced to join - then they can always do the right thing and not make their games not 'free-to-play' (which itself entices users into spending huge sums of money over the lifespan of the game).
The likes of Epic Games knew the App Store guidelines from the moment they signed up to become an Apple authorised developer. If they are genuinely 'looking out' for consumers, and stand by this notion that they are freeing users/others from a monopoly, then they wouldn’t even have Fortnite available in the App Store in first place.
I don’t recall a big fuss when the App Store was tiny, and was still taking a 30% cut from literally ‘hundreds’, not millions, of downloads.