| Apple bringt den Konsolenvergleich selber |  |
Und stellt klar, dass Epic sich das mit dem Verstoß gegen die nunmal bis auf Weiteres geltenden und zugestimmten Bedingungen selber eingebrockt hat.
[https://techcrunch.com/2020/08/21/apple-contends-epics-ban-was-a-self-inflicted-prelude-to-gaming-the-app-store/]
Apple: "Having decided that it would rather enjoy the benefits of the App Store without paying for them, Epic has breached its contracts with Apple, using its own customers and Apple’s users as leverage.
But the “emergency” is entirely of Epic’s own making… it knew full well what would happen and, in so doing, has knowingly and purposefully created the harm to game players and developers it now asks the Court to step in and remedy."
(...)
"(Epic’s) logic would make monopolies of Microsoft, Sony and Nintendo, just to name a few.
Epic’s antitrust theories, like its orchestrated campaign, are a transparent veneer for its effort to co-opt for itself the benefits of the App Store without paying or complying with important requirements that are critical to protect user safety, security, and privacy."
Auch geil: Sweeneys Email an Cook, wo er ihm zwei Wochen Frist einräumt, doch bitte zuzustimmen, dass Epic ab sofort nichts mehr für die Präsenz auf dem AppStore bezahlen muss *und* Epic zusätzlich einen eigenen Konkurrenz-App-Store zu erlauben, mit den gleichen systemnahen Features wie Background-Updates, wie es sonst dem Apple AppStore vorbehalten ist.
[https://www.courtlistener.com/docket/17442392/37/4/epic-games-inc-v-apple-inc/]
From: Tim Sweeney <tim.sweeney@epicgames.com>
Subject: Consumer Choice & Competition
Date: June 30, 2020 at 4:00:09 PM PDT
To: Tim Cook <tcook@apple.com>, Phil Schiller <schiller@apple.com>, Craig Federighi
<federighi@apple.com>, Matt Fischer <matt.fischer@apple.com>
Dear Tim, Phil, Craig, Matt,
Because of restrictions imposed by Apple, Epic is unable to provide consumers with certain features in our iOS apps. We would like to offer consumers the following features:
1) Competing payment processing options other than Apple payments, without Apple’s fees, in Fortnite and other Epic Games software distributed through the iOS App Store;
2) A competing Epic Games Store app available through the iOS App Store and through direct installation that has equal access to underlying operating system features for software installation and update as the iOS App Store itself has, including the ability to install and update software as seamlessly as the iOS App Store experience.
If Epic were allowed to provide these options to iOS device users, consumers would have an opportunity to pay less for digital products and developers would earn more from their sales. Epic is requesting that Apple agree in principle to permit Epic to roll out these options for the benefit of all iOS customers. We 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.
As you know, Epic was required to accept your standard, non-negotiable contracts, like the Apple Developer Program License Agreement, in order to offer products on iOS devices through the iOS App Store. Epic is also required to comply with Apple’s unilateral standards documents to obtain app approval, like Apple’s App Store Review Guidelines. Apple’s contracts and standards documents contain restrictive provisions that prohibit Epic from offering a competing app store and competing payment processing options to consumers. Apple would need to provide a side letter or alter its contracts and standards documents to remove such restrictions to allow Epic to provide a competing app store and competing payment processing option to iOS customers.
Please confirm within two weeks if Apple agrees in principle to allow Epic to provide a competing app store and competing payment processing, in which case we will meet with your team to work out the details including Epic’s firm commitment to utilize any such features diligently to protect device security, customer privacy, and a high-quality user experience. If we do not receive your confirmation, we will understand that Apple is not willing to make the changes necessary to allow us to provide Android customers with the option of choosing their app store and payment processing system.
Best Regards,
Tim Sweeney
Founder & CEO
Epic Games