After Epic Games CEO Tim Sweeney criticized how Apple is rolling out alternative app stores on iOS in the European Union, Apple deleted its developer account and called the company "verifiably unreliable"
Epic Games' plans to launch its own third-party app store on iOS in the EU could be in trouble after Apple canceled the developer account they planned to use. In a post, the company shared a letter sent by lawyers for Apple Lossless Audio CODEC (ALAC),, which called Epic "verifiably unreliable" and said that Apple does not believe Epic Games will meet its contractual commitments under its developer agreement. Let's see the new confrontation!
“Please note that Apple, effective immediately, has terminated Epic Games Sweden AB Developer Program membership,” states the letter, which is dated March 2. It cites Apple's "contractual right" to terminate its Developer Program License Agreement with the company in "Apple's sole discretion."
Apple has terminated our developer account and now we cannot develop the Epic Games Store for iOS.
This is a serious violation of the EU's Digital Markets Act. We will continue to fight to get back on iOS!https://t.co/BmqFxG26ul
- Epic Games Newsroom (@EpicNewsroom) March 6, 2024
Apple and Epic Games return to the fight
While Apple's termination of the developer account affects Epic's plans to launch its own app store on iOS, Epic CEO Tim Sweeney suggested in a briefing that Epic could still bring Fortnite back to iOS through another company's third-party app store in the European Union.
The exchange came in the wake of Apple announcing plans to allow third-party app stores on iOS in the EU as a result of the bloc's new Digital Markets Act regulation, which comes into effect this week. Epic quickly announced plans to launch a game store on iOS as a result of the changes and relaunch Fortnite on the platform. after its removal in 2020. It announced that it had secured a developer account for Epic Games Sweden on February 16, reversing a ban that Apple implemented alongside the removal of Fortnite.
Segun spokesperson Fred Sainz:
«Epic Games' egregious failure to comply with its contractual obligations to Apple led the courts to determine that Apple has the right to terminate any or all of Epic Games' subsidiaries, affiliates and/or other wholly owned entities at any time and at its sole discretion. discretion of Apple.
"In light of Epic's past and ongoing behavior, Apple chose to exercise that right,"
In an email dated February 23 shared by Epic Games, Apple's Phil Schiller contacted Sweeney for a "written assurance" that Epic Games will "honor its commitments."
Phil Schiller cited concerns with Sweeney's public statements about Apple's DMA compliance plan and the fact that Epic violated its agreement with Apple in 2020 by adding third-party payment support to Fortnite on iOS, resulting in its removal. from the App Store. "In plain, unqualified terms, please tell us why we should trust Epic this time", concludes Phil Schiller's email.
Sweeney responded the same day.
"Epic and its subsidiaries are acting in good faith and will abide by all terms of their current and future agreements with Apple, and we will be happy to provide Apple with any additional subject-specific assurances it would like," Sweeney wrote. Please note that Apple, effective immediately, has terminated Epic Games Sweden AB Developer Program membership.”
Apple cancels Epic Games account
Then, on March 2, Apple's lawyers sent a letter to Epic to say that iPhone maker had canceled the Epic Games Sweden developer account.
"In the past, Epic has denigrated Apple's developer terms, including the Developer Program License Agreement (DPLA), as a prelude to breaking them.
Given that pattern, Apple recently contacted Mr. Sweeney directly to give him the opportunity to explain why Apple should trust Epic this time and allow Epic Games Sweden AB to become an active developer. "Mr. Sweeney's response to that request was wholly insufficient and not credible."
The letter also cites a February 26 post by Sweeney that you will see below:
“a recent filing in the Australian litigation” and said Apple is concerned that Epic Games Sweden “does not intend to honor its contractual commitments to Apple and is, in fact, a vehicle for manipulating proceedings in other jurisdictions.”
Apple's plan to thwart Europe's new Digital Markets Act law is a devious new instance of Malicious Compliance.
They are forcing developers to choose between App Store exclusivity and the store terms, which will be illegal under DMA, or accept a new also-illegal anticompetitive…
- Tim Sweeney (@TimSweeneyEpic) January 25, 2024
In a briefing with reporters, Epic's vice president of public policy, Corie Wright, said Epic's filing in Australian litigation amounted to confirming its public plans to launch an app store in the EU as a result of the DMA.
At the briefing, Sweeney said that Epic did not receive any communication from Apple between Schiller's email and the letter from Apple's lawyers and said it had been willing to provide "any guarantees they would like" to comply with the contractual agreement. When asked if Epic planned to honor Apple's developer terms despite Sweeney's public criticism of its policies, Sweeney responded: "Yes absolutely".
Epic Games seems to want to comply with the rules
In its blog post, Epic Games accused Apple of "removing one of Apple's largest potential competitors from the App Store and undermining its ability to be a viable competitor" and "show other developers what happens when you try to compete with Apple or are critical of its unfair practices."
Sweeney has been intensely critical of the way the iPhone maker is implementing the changes to iOS under the DMA, calling them a “new instance of malicious compliance” and “hot garbage”. He said Apple is "forcing developers to choose between App Store exclusivity and store terms, which will be illegal under DMA, or agree to a new anti-competitive scheme also illegal with new junk fees on downloads and new taxes." "Apple on payments they do not process."
In particular, Apple critics have objected to its plans to charge a "basic technology fee" of 50 euro cents for each annual app installation beyond the first 1 million downloads in the EU, which could add up quickly for larger developers.
Epic's blog post concludes by saying that the developer plans to "continue fighting to bring true competition and choice to iOS devices in Europe and around the world." Epic's Wright confirmed that the company has informed the European Commission of the fact that Apple has terminated its developer account. "Obvious non-compliance must be punished quickly and swiftly," Sweeney said in a briefing.
