Apple Court Filing Says Epic is asking for special deal before all this nonsense started


When we finally left the legal battle between Epic Games and Apple, the game maker had sued the court to prevent Apple from removing its games and access to dev tools from the App Store. Today, Apple filed a lawsuit against the request, producing an June 30 email from Epic CEO Tim Sweeney asking Apple execs to let his company continue Apple’s payment systems.

On August 13 Epic Games uploaded a version of Fortnite to the Apple App Store that ran through Apple’s payment systems, lowering the price in the game’s currency in the app. This was a violation of Apple’s policy, so Apple responded by remove Fortnite from the App Store. Then submit Epic a legal judgment, followed by a asking Apple to stop removing their stuff from the store.

Submitted today by Apple addresses Epic’s request for what the device and computer maker calls “emergency help.” It opens with a statement claiming that the problem that Epic is trying to solve is self-inflicted, caused by the company intentionally breaking its agreements with Apple. I will say this, Apple’s lawyers are designing a good document.

All those alleged injuries causing Epic to seek ill-treatment tomorrow could disappear if Epic healed his burglary. Apple has offered Epic the chance to heal, return to the status quo before Epic installs its “hotfix” which was changed in its hot mess, and to be recalled in the App Store.

What’s most interesting about the submission, however, is that it states that Tim Sweeney, CEO of Epic Games, emailed Apple in June this year asking his company to create competing payment options in the iOS version fan Fortnite and other games, like its own competing Epic Games Store app exempt from Apple’s payment policies. From the email:

Due to restrictions imposed by Apple, Epic is unable to provide consumers with certain features in our iOS apps. We want to offer consumers the following features:

1) Competing payment processing options other than Apple payments, without Apple fees, in Fortnite and other Epic Games software distributed through the iOS App Store;

2) Get a competing Epic Games Store app through the iOS App Store and Instant Install 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 software seamlessly and update as the iOS App Store experience.

Apple’s six-page response to email after Sweeney’s message, delivered on July 10, is best summarized as “Hahahahahaha no.” Sweeney expressed his disappointment over her reaction on July 17th, set the whole in motion Fortnite-drew debacle.

That Epic overtures made to Apple demanding a month and a half special waiver before launching its lawsuit and anti-Apple campaign may seem a bit shady, seeing Tim Sweeney do his best to make this a battle of the people against Apple’s evil monopoly. Sweeney’s original email to Apple includes a line that other iOS developers cite: “We hope Apple makes these options equally available to all iOS developers to make software sales and distribution on the iOS platform so open and competitive. Tim Sweeney took to Twitter after Apple’s submission, pointing out that in response to Rod “Slasher” Breslau.

Where are we going from here? The weekend, when I did not have to read legal documents for two days, crossed my fingers.

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