The day before the EU’s Digital Markets Act comes into effect, Apple has terminated Epic Games’ EU developer account.
Epic had intended to release its Epic Games Store and flagship game Fortnite on iOS in the EU through its Swedish arm, Epic Games Sweden AB.
Apple reserves the right to terminate developer accounts for a number of reasons, but Epic has suggested in this blog that it was because Epic boss Tim Sweeney has been so critical of the company’s practices. In emails between the companies published by Epic, Apple says the Fortnite maker has proven itself an untrustworthy partner, citing previous rule-breaking.
“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,” says Epic in its blog.
“Apple also claims that Epic is a threat to their ecosystem, but this is an entirely unjustified excuse to terminate one of our accounts. Apple has been a long-time public supporter of Unreal Engine. We also have had ongoing contractual relationships with Apple going back to 2010 for Epic’s games, Unreal Engine, and our other creator tools.”
In emails published by Epic between Tim Sweeney and Apple’s Phil Schiller, who heads up the App Store, Sweeney promises that Epic Games Sweden will comply with all of Apple’s rules and regulations in good faith. Schiller, however, is having none of it.
The Apple exec cites Epic’s track record of breaking Apple’s Developer Program License Agreement in the past, and asks Epic to provide written assurances that it will not break the rules again.
“In the past, Epic has entered into agreements with Apple and then broken them,” says Schiller. “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.”
Schiller also cites Sweeney’s tweets about Apple’s DMA compliance plan as reason the tech giant does not trust Epic to follow its rules, noting Sweeney’s description of Apple’s new EU App Store terms as “hot garbage,” a “horror show,” and a “devious new instance of Malicious Compliance.” He also references Sweeney’s public complaints about “Junk Fees” and “Apple taxes.”
Schiller continues: “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.”
“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 faith, 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”.
The next correspondence published by Epic is a letter to the Fortnite maker from Apple’s lawyers, explaining why it is not allowing the company on its platform.
“Apple recently reached out directly to Mr. Sweeney to give him an opportunity to explain why Apple should trust Epic this time and allow Epic Games Sweden AB to become an active developer,” the letter reads.
“Mr. Sweeney’s response to that request was wholly insufficient and not credible. It boiled down to an unsupported “trust us.” History shows, however, that Epic is verifiably untrustworthy”.
“Please be advised that Apple has, effective immediately, terminated the Developer Program membership of Epic Games Sweden”.
