Epic says Apple terminated its newly reinstated developer account over tweet

In the latest installment of Things No One Should Lose Sleep Over, Epic Games says Apple has taken down its newly reinstated developer account in the EU. In a blog post, Epic partially blames a tweet as Apple’s reason for doing so. Epic says this hinders its plans to launch a competing app marketplace in the EU.

Epic terminated again

Epic Games initially had its Apple Developer Account revoked after openly disregarding App Store policy as the first step of a legal campaign against Apple. That legal battle is getting messier by the hour.

However, Epic Games recently regained access to its primary developer account — at least for a few weeks. From Epic’s latest blog post today:

We recently announced that Apple approved our Epic Games Sweden AB developer account. We intended to use that account to bring the Epic Games Store and Fortnite to iOS devices in Europe thanks to the Digital Markets Act (DMA). To our surprise, Apple has terminated that account and now we cannot develop the Epic Games Store for iOS. This is a serious violation of the DMA and shows Apple has no intention of allowing true competition on iOS devices.

The firm behind Fortnite goes on to say that a tweet is partially to blame for this development:

Apple said one of the reasons they terminated our developer account only a few weeks after approving it was because we publicly criticized their proposed DMA compliance plan. Apple cited this X post from this thread written by Tim Sweeney. Apple is retaliating against Epic for speaking out against Apple’s unfair and illegal practices, just as they’ve done to other developers time and time again. 

This is the tweet in question:

“Verifiably untrustworthy”

Epic also says that Apple has called them a “threat to their ecosystem.”

To drill down further, Epic provides screenshots from what it claims are communications with Apple over the matter, including this exchange from Apple’s Phil Schiller to Tim Sweeney:

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 iOS platform, 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 father, 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.

Epic Games, which for some reason is letting Apple make their behind-the-scenes case against Epic in public, goes on to share that Apple has accused them of being “verifiably untrustworthy” in a legal response.

Apple responds

Apple has since released a statement characterizing the situation as follows:

“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.”

In short, Apple is leaning on a court ruling from 2021 that upholds its ability to terminate developer accounts that violate its guidelines. That’s the legal basis for which Apple is relying upon globally — not just in the EU. As recently as last month, Epic Games accepted existing rules of the Apple Developer Program like all other developers. However, Apple has lost faith in Epic Games, such that even legal agreements aren’t enough to ensure Epic will not violate App Store policies in their view.

More

• Epic Games goes to court to accuse Apple of breaching App Store ruling
• Disney Epic Games partnership – and a return to the App Store?
• Epic CEO Tim Sweeney says latest App Store changes are an ‘anticompetitive scheme rife with junk fees’
• Epic Games earned $3 billion profit in 2018 thanks to cross-platform Fortnite popularity, report says

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