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Tag: EPIC

  • DOJ Wants In On the Apple v Epic Appeal

    DOJ Wants In On the Apple v Epic Appeal

    The Department of Justice wants the opportunity to weigh in on the Apple v Epic appeal, with the goal of informing antitrust policy.

    Epic Games sued Apple in an attempt to make the case the company was an illegal monopoly as a result of its App Store policies. Apple largely won the case, with Epic only scoring a single point: Judge Yvonne Gonzalez Rogers said Apple must allow developers to use their own payment systems if they desire, but she specifically shot down the argument that Apple was a monopoly. Both companies appealed the decision, with Epic wanting a second chance to make its case and Apple wanting to win the one point out of nine that it lost.

    The DOJ has asked to be part of oral arguments in the appeal, according to Reuters. The DOJ expressed concerns that Judge Rogers may have misinterpreted the Sherman Act, which serves as the basis for US antitrust law.

    “The United States believes that its participation at oral argument would be helpful to the court, especially in explaining how the errors (in antitrust law interpretation) could significantly harm antitrust enforcement beyond the specific context of this case,” the DOJ wrote in the filing.

    The DOJ says it does not support either company in their dispute. At the same time, Epic’s loss was also a major setback for the DOJ’s own investigations into Apple. With Judge Rogers ruling the company is not a monopoly, it could limit the scope of any measures the DOJ might be able to take.

  • Epic Receives $2 Billion to Invest in Metaverse Development

    Epic Receives $2 Billion to Invest in Metaverse Development

    Epic has received $2 billion from Sony and KIRKBI to help it invest in metaverse development, a major focus of game studios.

    The metaverse is becoming an increasingly important area for the tech industry, and especially game studios, as companies races to stake their claim. Epic is already the creator of one of the most immersive, traditional games on the market, Fortnite. Sony and KIRKBI, the company behind the LEGO brand, obviously believe Epic is in a good position to capitalize on the metaverse, with each company investing $1 billion in the game-maker.

    “As a creative entertainment company, we are thrilled to invest in Epic to deepen our relationship in the metaverse field, a space where creators and users share their time.” said Kenichiro Yoshida, Chairman, President and CEO, Sony Group Corporation. “We are also confident that Epic’s expertise, including their powerful game engine, combined with Sony’s technologies, will accelerate our various efforts such as the development of new digital fan experiences in sports and our virtual production initiatives.”

    “Epic Games is known for building playful and creative experiences and empowering creators large and small,” said Søren Thorup Sørensen, CEO, KIRKBI. “A proportion of our investments is focused on trends we believe will impact the future world that we and our children will live in. This investment will accelerate our engagement in the world of digital play, and we are pleased to be investing in Epic Games to support their continued growth journey, with a long-term focus toward the future metaverse.”

    This latest investment brings Epic’s valuation to $31.5 billion, and should help position for the next evolution of immersive experiences.

  • Roblox and Former National Security Officials Come to Apple’s Defense in Epic Case

    Roblox and Former National Security Officials Come to Apple’s Defense in Epic Case

    Apple is receiving some major backing in its fight with Epic, with former national security officials and Roblox defending the company’s App Store policies.

    Epic sued Apple in an attempt to force the company to open the App Store. Although Epic largely lost its battle, both companies are appealing the decision — Epic to achieve anything resembling a victory and Apple to try to win the one point it lost.

    Throughout the case, Apple has maintained that it’s walled-garden approach to the App Store improves the overall privacy and security of iOS, a point Roblox and former national security officials agree on, according to CNET. The various groups have filed court briefs supporting Apple’s position.

    “If Epic were to prevail, competition for higher quality device security would be stifled, and courts would be forced into unwanted regulatory postures that would open the door for greater risk of security threats,” a group of former defense, CIA, NSA, and National Security Council officials wrote.

    Roblox made a similar case in its brief.

    “Apple’s process for review and approval of apps available on the App Store enhances safety and security, and provides those apps greater legitimacy in the eyes of users,” Roblox wrote. “This is an important benefit that all apps, including Roblox’s, enjoy by choosing to be a part of Apple’s ecosystem.”

    Judge Yvonne Gonzalez Rogers’ original decision was a well-researched decision, one that many experts believe will be upheld. Given the weight of support Apple is receiving, an Epic victory is looking more and more unlikely.

  • Microsoft Takes Shot At Apple and Google With ‘Open App Store Principles’

    Microsoft Takes Shot At Apple and Google With ‘Open App Store Principles’

    Microsoft is throwing down the gauntlet in the app store market, releasing a set of “Open App Store Principles” that take aim at Apple and Google.

    Apple and Google have increasingly come under scrutiny for how they run their respective app ecosystems, the Apple App Store and the Google Play Store. Epic sued both companies in an effort to force major changes, including the ability to use external payment systems and sideload apps. Although Epic lost, a majority of US states are backing its appeal.

    Meanwhile, Microsoft’s Open App Store Principles are a declaration of how Microsoft will manage its digital ecosystem, and seem to address many of the complaints Apple and Google are facing. Company President Brad Smith also makes it clear the company hopes this action will help ease any regulatory issues surrounding its attempt to acquire Activision Blizzard, a deal that is already being reviewed by the FTC.

    Today we’re announcing a new set of Open App Store Principles that will apply to the Microsoft Store on Windows and to the next-generation marketplaces we will build for games. We have developed these principles in part to address Microsoft’s growing role and responsibility as we start the process of seeking regulatory approval in capitals around the world for our acquisition of Activision Blizzard.

    Whatever the motivation, the company has outlined 11 principles, as well as three commitments. These include not locking developers into Microsoft’s payment systems, treating apps equally, not using private information to compete with third-party apps, holding its own apps to the same standard as everyone else, and respecting people’s privacy, among others.

    Smith also makes it clear that, not only will Microsoft honor existing agreements for Call of Duty on PlayStation, but the company will keep the franchise on Sony’s console into the future, beyond the current agreement. Smith says the company is also make similar arrangements to continue supporting Nintendo’s platform. The news should come as a relief to gamers concerned that Microsoft would hoard Activision’s top titles, making them Xbox-exclusives.

    It remains to be seen if Microsoft’s overtures will influence legislators and regulators but, at this time, it’s certainly more than either Apple or Google have been willing to concede. That alone may keep Microsoft out of the line of fire, when it comes to any future regulatory action.

  • Nvidia Bringing Fortnite Back to iOS and Android

    Nvidia Bringing Fortnite Back to iOS and Android

    Nvidia is doing what Epic can’t, bringing Fortnite back to iOS and Android via its GeForce NOW gaming platform.

    Fortnite has been absent the Apple App Store and Google Play Store since Epic’s legal spat with both companies. Nvidia plans to change that, thanks to its GeForce NOW gaming platform. The company is bringing Fortnite back to both platforms, via Safari on iOS and the GeForce NOW app on Android.

    Beginning today, GeForce NOW members can sign up for a chance to join the Fortnite limited-time closed beta for mobile devices. Not an existing member? No worries. Register for a GeForce NOW membership and sign up to become eligible for the closed beta once the experience starts rolling out next week. Upgrade to a Priority or RTX 3080 membership to receive priority access to gaming servers. A paid GeForce NOW membership is not required to participate.

    The announcement is welcome news to Fortnite fans.

  • Appeals Court Sides With Apple, Delays App Store Change During Appeal

    Appeals Court Sides With Apple, Delays App Store Change During Appeal

    Apple won an appeal to delay an order that would allow developers to avoid its App Store commission while the company continues the appeal process.

    Epic sued Apple in an effort to break up the Apple ecosystem and force the company to allow third-party stores, as well as payment systems, on iOS/iPadOS. Epic claimed Apple was an abusive monopoly, and should be treated accordingly. Ultimately, Epic lost nine out of its 10 claims. The only point Epic won was the judge ruling that Apple must allow developers to include in-app links to outside payment options.

    Apple appealed the decision and requested a stay, saying it should not have to implement the change until the appeal process was exhausted. The original judge, U.S. District Judge Yvonne Gonzalez Rogers, denied the request, with the change set to go into effect today.

    An appeals court overturned that decision Wednesday, according to The Seattle Times, ruling that Apple does not have to make changes while the case makes its way through the appeals process.

    “Apple has demonstrated, at minimum, that its appeal raises serious questions on the merits of the district court’s determination that Epic Games Inc. failed to show Apple’s conduct violated any antitrust laws but did show that the same conduct violated California’s Unfair Competition Law,” the appellate judges wrote, adding that Apple “made a sufficient showing of irreparable harm” to the App Store.

    Apple reiterated the stand it has always taken in a statement following the ruling.

    “Our concern is that these changes would have created new privacy and security risks and disrupted the user experience customers love about the App Store.”

  • Judge Denies Apple a Stay on App Store Changes Pending Appeal

    Judge Denies Apple a Stay on App Store Changes Pending Appeal

    The judge in Apple’s case versus Epic has denied the company a stay on implementing court-ordered App Store changes until appeals are exhausted.

    Apple was the clear winner in its legal spat with Epic. U.S. District Judge Yvonne Gonzalez Rogers ruled that Apple was not a monopoly and agreed with Apple that the company’s App Store approach likely results in a more secure environment for its customers.

    The only point Epic won, out of 10 counts, was to force Apple to allow developers to place in-app access to outside payment methods, making it easier for customers and developers to bypass Apple’s payment system. Despite Apple’s overwhelming victory, the company appealed the one count it lost and wanted a stay that would allow it to continue operating unchanged until the appeals process is exhausted.

    Judges Rogers has shut down Apple’s request, saying the company must implement the changes while it pursues its appeals.

    “In short, Apple’s motion is based on a selective reading of this Court’s findings and ignores all of the findings which supported the injunction, namely incipient antitrust conduct including supercompetitive commission rates resulting in extraordinarily high operating margins and which have not been correlated to the value of its intellectual property,” Judge Rogers writes, via AppleInsider.

    Not surprisingly, Apple plans to appeal Judge Rogers’ decision not to stay her decision during the appeal (at what point does appealing decisions about an appeal take on an Inception feel?).

    “Apple believes no additional business changes should be required to take effect until all appeals in this case are resolved. We intend to ask the Ninth Circuit for a stay based on these circumstances,” the company told Bloomberg’s Mark Gurman.

    Despite being an Apple user and fan for more than two decades, given the current sentiment toward Big Tech, this writer believes Apple should take its win, thank the judge, make the change and drop the appeals. Doing so would likely go a long way toward heading off further scrutiny from lawmakers, and certainly help the company come across as less of a bully to developers.

  • Yahoo the Latest US Company to Pull Out of China

    Yahoo the Latest US Company to Pull Out of China

    Yahoo is the latest US company pulling out of China, citing an “increasingly challenging business and legal environment.”

    China has been cracking down on the tech industry and making it difficult for foreign companies to compete. The country also has a long history of internet censorship. As a result, a number of high-profile companies have announced plans to leave the market, including LinkedIn and Epic.

    According to Associated Press, Yahoo has now joined their ranks and announced it will no longer offer services in mainland China beginning November 1.

    “Yahoo remains committed to the rights of our users and a free and open internet. We thank our users for their support,” the statement read.

  • Apple v Epic: Apple Scores a Victory (Mostly)

    Apple v Epic: Apple Scores a Victory (Mostly)

    Judge Yvonne Gonzalez Rogers has ruled in the landmark case between Apple and Epic, and largely ruled in Apple’s favor.

    Epic, the maker of Fortnite, sued Apple over its App Store policies and sought a number of changes to Apple’s business model. The gamemaker objected to the commission Apple charges, being forced to use the App Store, not being able to use its own payment system — pretty much the entire app ecosystem Apple created and it benefited from.

    While there was some merit to Epic’s complaints, the company took a disingenuous approach to making its case. Ut intentionally broke the terms of Apple’s developer rules, waited for Apple to kick Fortnite off the App Store and then sued Apple. The judge threw out Epic’s initial injunction request, saying the company couldn’t request relief from a situation it created itself. In contrast, had the company sued Apple while abiding by its developer agreement, it would have been entitled to damages.

    As it turns out, however, Epic scored only a minor victory, with Apple clearly coming out on top. Judge Yvonne Gonzalez Rogers ruled that Apple must allow developers to point their users to their own payment systems, effectively allowing them to bypass Apple’s commission. Judge Rogers did not, however, force Apple to allow alternate app stores, nor did she reduce the commission Apple charges.

    Judge Rogers also awarded Apple damages “equal to 30% of the $12,167,719 in revenue Epic Games collected from users in the Fortnite app on iOS through Epic Direct Payment between August and October 2020, plus 30% of any such revenue Epic Games collected from November 1, 2020 through the date of judgment.”

    Judge Rogers, while agreeing that Apple’s attempts to force developers to use its own payment system were anti-competitive, shot down Epic’s claims that Apple was a monopoly.

    Given the trial record, the Court cannot ultimately conclude that Apple is a monopolist under either federal or state antitrust laws. While the Court finds that Apple enjoys considerable market share of over 55% and extraordinarily high profit margins, these factors alone do not show antitrust conduct. Success is not illegal. The final trial record did not include evidence of other critical factors, such as barriers to entry and conduct decreasing output or decreasing innovation in the relevant market. The Court does not find that it is impossible; only that Epic Games failed in its burden to demonstrate Apple is an illegal monopolist.

    The ruling is largely a big win for Apple. Even Rogers’ decision regarding allowing developers to direct users to their own payments systems is relatively similar to Apple’s decision to allow ‘reader’ apps to do the same thing.

  • Apple Settles With Developers, Loosens App Store Rules

    Apple Settles With Developers, Loosens App Store Rules

    Apple has settled a class action lawsuit with developers and, in the process, agreed to major changes to how the App Store operates.

    Once the darling of the software industry, praised for making it easy for small developers to focus on development while Apple handles logistics, the App Store has increasingly drawn criticism in recent years. Developers have criticized the commission Apple charges, being locked in to Apple’s payment systems and the general level of control the company has over the App Store.

    Apple has now agreed to settle a class action lawsuit a group of developers brought against it. As part of the settlement, Apple will create a $100,000,000 fund for payments to developers, ranging from $250 to $30,000, according to AppleInsider.

    Apple has also agreed to keep its 15% commission for smaller developers — those that earn less than $1 million a year — in effect for at least three years.

    The biggest concession, however, is that Apple will allow developers to contact customers — via outside communication methods, not in-app — to inform them of alternative payment options outside of the App Store. This would effectively allow developers to bypass Apple’s commission altogether. Being able to accept outside payments is one of the biggest points of contention for many developers, and is central to Epic’s case against Apple. 

    “From the beginning, the App Store has been an economic miracle; it is the safest and most trusted place for users to get apps, and an incredible business opportunity for developers to innovate, thrive, and grow,” said Phil Schiller, Apple Fellow who oversees the App Store. “We would like to thank the developers who worked with us to reach these agreements in support of the goals of the App Store and to the benefit of all of our users.”

    The announcement was met with mixed reactions from legislators, with many praising the move while insisting there was still more to be done.

  • Bipartisan Senate Bill Would Crack Open App Store Ecosystems

    Bipartisan Senate Bill Would Crack Open App Store Ecosystems

    A new bipartisan bill introduced in the Senate would drastically alter how Apple and Google operate their app stores.

    Apple and Google have come under fire for the App Store and Play Store respectively, with developers increasingly resentful of the fees the companies charge. Further exacerbating the issue is the companies’ insistence on developers and their customers only using the built-in payment systems, an issue at the heart of the case Epic has brought against both Apple and Google.

    Senators Richard Blumenthal (D-CT), Marsha Blackburn (R-TN), and Amy Klobuchar (D-MN) hope to address the issues with their Open App Markets Act.

    The Open App Markets Act would protect developers’ rights to tell consumers about lower prices and offer competitive pricing; protect sideloading of apps; open up competitive avenues for startup apps, third party app stores, and payment services; make it possible for developers to offer new experiences that take advantage of consumer device features; give consumers more control over their devices; prevent app stores from disadvantaging developers; and set safeguards to continue to protect privacy, security, and safety of consumers.

    The senators cited what they called “Big Tech bullying” and a desire to help open up the app economy.

    “This legislation will tear down coercive anticompetitive walls in the app economy, giving consumers more choices and smaller startup tech companies a fighting chance,” said Blumenthal. “For years, Apple and Google have squashed competitors and kept consumers in the dark—pocketing hefty windfalls while acting as supposedly benevolent gatekeepers of this multi-billion dollar market. I’m proud to partner with Senators Blackburn and Klobuchar in this breakthrough blow against Big Tech bullying. This bipartisan bill will help break these tech giants’ ironclad grip, open the app economy to new competitors, and give mobile users more control over their own devices.”

    It remains to be seen if the bill will have enough support to pass the Senate although, given the increasing scrutiny Big Tech is under, passage is likely.

  • Google Not a Fan of Sideloading Apps, Calls Experience ‘Abysmal’

    Google Not a Fan of Sideloading Apps, Calls Experience ‘Abysmal’

    Apple may receive the most heat for its opposition to sideloading apps, but even Google thinks the experience is “abysmal.”

    Sideloading refers to installing apps on a mobile device from a source outside Apple’s official App Store or Google’s Play Store. Apple’s walled-garden approach means that only apps from the App Store can be installed on iOS devices. In contrast, Google does allow apps to be sideloaded to Android. That doesn’t mean Google thinks it’s a good idea, however.

    Court filings for the case involving Epic, creator of Fortnite, reveal what Google really thinks of sideloading.

    One manager contacted Epic’s Vice President and Co-Founder to gauge Epic’s interest in a special deal and, among other things, discussed “the experience of getting Fortnite on Android” via direct downloading. The manager’s call notes state that she viewed direct downloading Fortnite as “frankly abysmal” and “an awful experience”, and that Epic should “worry that most will not go through the 15+ steps”. 

    Google’s view lends support to Apple’s position that sideloading is an inferior experience, and opens the platform to significant security risks.

  • 37 States and D.C. Sue Google for Alleged Play Store Antitrust Issues

    37 States and D.C. Sue Google for Alleged Play Store Antitrust Issues

    A coalition of 37 states, plus the District of Columbia, have sued Google over alleged antitrust violations with its Play Store.

    Google is facing numerous lawsuits and investigations, being accused of abusing its dominant search and advertising position. The company is also being sued by Epic, the creator of Fortnite, over alleged antitrust violations.

    Google’s problems appear to be going from bad to worse, with 36 states and D.C. launching an antitrust lawsuit against the company. Colorado later joined the coalition, bringing the number of states to 37, according to Engadget. The case revolves around Google’s plans charge a 30% commission to all developers that use the Play Store, according to Politico.

    The bipartisan group of attorneys general represent:

    South Dakota, Rhode Island, Minnesota, Iowa, New Hampshire, New York, Indiana, Utah, Kentucky, Oklahoma, Idaho, New Jersey, Nevada, New Mexico, Massachusetts, District of Columbia, Montana, Arkansas, Oregon, Vermont, California, Mississippi, Delaware, Missouri, North Dakota, Colorado, Washington, North Carolina, Alaska, Connecticut, Florida, Nebraska, Tennessee, Virginia, West Virginia, Maryland and Arizona.

    Google has responded to the lawsuit, accusing the states of ignoring the choice Android users have to use the Play Store, or download from a rival store.

    We built Android to create more choices in mobile technology. Today, anyone, including our competitors, can customize and build devices with the Android operating system — for free. 

    We also built an app store, Google Play, that helps people download apps on their devices. If you don’t find the app you’re looking for in Google Play, you can choose to download the app from a rival app store or directly from a developer’s website. We don’t impose the same restrictions as other mobile operating systems do.

    So it’s strange that a group of state attorneys general chose to file a lawsuit attacking a system that provides more openness and choice than others. This complaint mimics a similarly meritless lawsuit filed by the large app developer Epic Games, which has benefitted from Android’s openness by distributing its Fortnite app outside of Google Play.

    It does seem strange the states are choosing to sue Google for charging developers for the use of its Play Store when such usage is entirely optional.

  • Wedbush: Epic’s ‘Risky Path’ Unlikely to Prevail Against Apple

    Wedbush: Epic’s ‘Risky Path’ Unlikely to Prevail Against Apple

    Wedbush analyst Daniel Ives has weighed in on the Apple vs Epic court case, and he believes Apple will come out on top.

    Epic has launched a serious legal challenge to how Apple’s App Store ecosystem works. Last year, the company circumvented Apple and Google’s in-app payment systems, resulting in Fortnite being removed from both companies’ app stores.

    Epic launched a lawsuit against Apple, claiming the company was harming it by removing Fortnite. A judge refused the company an injunction, saying Epic couldn’t cry foul when it caused the problem by breaking its developer agreements with Apple and Google. In contrast, if the company had an issue with the terms of doing business on the app stores, it could have filed a lawsuit and collected back damages if it won. Instead, it engaged in a PR stunt to make its point.

    The trial between Apple and Epic started today, but analysts aren’t convinced the game-maker will win. According to AppleInsider, Wedbush analyst Daniel Ives believes Apple will prevail. This is not the first time Apple’s App Store policies have come under fire. Apple has always prevailed and Ives believes this will be “no different.” He also said Epic’s approach was a “risky and calculated path,” whereas Apple’s approach is “fortress-like despite the Epic noise.”

    The outcome of the trial will have profound impacts on both Apple and Google, as well as multiple app store economies.

  • Arizona House Passes Legislation Targeting App Store Payments

    Arizona House Passes Legislation Targeting App Store Payments

    Just weeks after North Dakota failed, the Arizona House has passed legislation to force Apple and Google to allow third-party payments options.

    Apple and Google have both come under fire for requiring in-app payments be routed through their app stores. The issue came to a head when Epic, the maker of Fortnite, sued both companies. North Dakota recently tried to pass a bill that would force both companies to allow third-party options, but the bill failed to gain enough support.

    In contrast, Arizona’s bill has already passed the House of Representatives with a 31-29 vote, and is set to go to the Senate. In particular, the bill would forbid Apple or Google from requiring a developer based in Arizona “to use a particular in-application payment system as the exclusive mode of accepting payments.” The bill would also prohibit the companies from requiring “exclusive use of a particular in-application payment system as the exclusive mode of accepting payments from Arizona users.”

    It remains to be seen if the bill will pass the Senate and be signed by Governor Ducey. If it does, however, it will likely serve as a template for other states. Arizona may also suddenly find itself the destination of choice for app development companies looking to relocate.

  • UK Court Blocks Epic’s Case Against Apple

    UK Court Blocks Epic’s Case Against Apple

    The UK antitrust tribunal has blocked Epic from pursuing its case against Apple — over how the App Store and in-app payments work — in the UK.

    Epic sparked a confrontation with Apple and Google when it tried bypassing both companies’ in-app purchasing rules and the two removed Fortnite from their app stores. Epic filed lawsuits, first against Apple, claiming Apple harmed its business by banning Fortnite from the App Store.

    In her initial ruling, U.S. District Judge Yvonne Gonzalez Rogers pointed out that Epic can’t argue it was harmed by Apple’s actions when it was Epic that started the problem by breaking its agreement with Apple and then crying foul. The company could have challenged Apple in court, and then collected back damages if it prevailed. By breaking its agreement first, Epic looks to have intentionally created a fake crisis specifically to take advantage of the situation.

    It appears UK courts want no part of the dispute, ruling that Epic will not be able to pursue its case in the UK, according to Reuters. The UK tribunal did not exclude Epic’s against Google, but believes the US is the best jurisdiction to handle the Apple case.

    The ruling is the latest victory in challenges against Apple and Google’s app stores, after the North Dakota legislature voted against a bill that would have required the companies to support third-party app stores and payment systems.

  • Apple Lowers App Store Fees to 15% For Small Devs

    Apple Lowers App Store Fees to 15% For Small Devs

    Amid ongoing pressure regarding its App Store policies, Apple has unveiled its App Store Small Business Program, with 15% commissions for small devs.

    Since the outset of the App Store, Apple has charged a 30% commission to developers. In the beginning, many developers praised Apple’s arrangement, believing it to be a fair trade-off for handling the logistics of app distribution. As time has passed, however, more developers have begun souring on the fees.

    Things have come a head with Epic’s court fight against Apple, as well as Spotify’s complaint that has prompted an EU investigation. As a result, Apple has announced its new App Store Small Business Program.

    The new App Store Small Business Program will benefit the vast majority of developers who sell digital goods and services on the store, providing them with a reduced commission on paid apps and in-app purchases. Developers can qualify for the program and a reduced, 15 percent commission if they earned up to $1 million in proceeds during the previous calendar year.

    The App Store Small Business Program, which will launch on January 1, 2021, comes at an important time as small and independent developers continue working to innovate and thrive during a period of unprecedented global economic challenge. Apps have taken on new importance as businesses adapt to a virtual world during the pandemic, and many small businesses have launched or dramatically grown their digital presence in order to continue to reach their customers and communities. The program’s reduced commission means small developers and aspiring entrepreneurs will have more resources to invest in and grow their businesses in the App Store ecosystem.

    The news is a welcome change for small developers, and will likely help Apple in the cases it’s currently fighting.

  • Fortnite Coming Back to iPhones and iPads…Sort Of

    Fortnite Coming Back to iPhones and iPads…Sort Of

    Apple and Epic may be fighting it out in court, but it appears a path has been cleared for Fortnite to return to iOS devices.

    The BBC has discovered the popular game will make its way back to iOS devices via a version of Nvidia’s GeForce, a cloud gaming service that will run in the iOS version of Safari. Because the service will be browser-based, and not installed via the App Store, Apple will not be able to charge its usual fee.

    Finding a way to get Fortnite back on iOS devices is likely a big priority for Epic. As the BBC points out, 116 million Fortnite players played on iOS. Even worse for the company, 76 million of those players only played on iOS.

    The company had previously tried to get the court to grant an injunction preventing Apple from removing Fortnite from the App Store. A judge sided with Apple however, and pointed out the hypocrisy of Epic’s argument.

    The judge made the point that Epic cannot claim Apple is hurting its business by removing Fortnite from the App Store, when it was Epic’s decision to break the App Store rules that caused harm to itself. Had Epic continued paying the App Store fees while challenging Apple in court, the company would have been reimbursed those fees if it won its case, essentially costing it nothing to continue with the status quo while the courts decided. Instead, Epic chose the more drastic route of breaking the App Store’s rules and forcing Apple’s response.

    The end result has been up to 76 million users potentially cut off from their favorite game, and Epic cut off from a substantial source of income. As a result, Nvidia’s solution will likely be a welcome option for company and customers alike.

  • Google Will Start Enforcing Google Play Store Fees

    Google Will Start Enforcing Google Play Store Fees

    Google is looking to stop companies from circumventing its normal 30% Google Play Store fees.

    Like the Apple App Store, the Google Play store imposes a 30% fee on all sales through the store. Until now, however, companies could circumvent Google’s fees, a practice Google is now looking to end.

    One key area where Google differs from Apple, however, is that Google plans to make it easier to use third-party app stores. Sameer Samat, Vice President, Product Management, highlights what Google is planning:

    We will be making changes in Android 12 (next year’s Android release) to make it even easier for people to use other app stores on their devices while being careful not to compromise the safety measures Android has in place. We are designing all this now and look forward to sharing more in the future!

    At the same time, Google is giving companies one year to make the necessary changes to be compliant with Google’s policies:

    Again, this isn’t new. This has always been the intention of this long standing policy and this clarification will not affect the vast majority of developers with apps on Google Play. Less than 3% of developers with apps on Play sold digital goods over the last 12 months, and of this 3%, the vast majority (nearly 97%) already use Google Play’s billing. But for those who already have an app on Google Play that requires technical work to integrate our billing system, we do not want to unduly disrupt their roadmaps and are giving a year (until September 30, 2021) to complete any needed updates. And of course we will require Google’s apps that do not already use Google Play’s billing system to make the necessary updates as well.

    Google’s plans raise the stakes even more for the legal case Epic has brought against both Apple and Google, claiming their fees are unfair and anticompetitive.

  • Apple App Store Creates 300,000 Jobs During Pandemic

    Apple App Store Creates 300,000 Jobs During Pandemic

    Apple has released figures about the iOS App Store and revealed it has created 300,000 new jobs since the coronavirus pandemic began.

    Apple has been under fire for how it operates and manages its App Store. In particular, it is locked in a legal battle with Fortnite maker Epic over the fees it charges. It’s little wonder that Apple is eager to prove the App’s Store’s value.

    “The iOS app economy has created nearly 300,000 new jobs since April 2019, helping to provide opportunities for Americans of all ages even as COVID-19 continues to create immense challenges and uncertainty for communities across the country,” reads Apple’s blog post. “Developers nationwide — including companies such as Caribu, H‑E‑B, and Shine — have adapted their businesses to make sure they can keep supporting their customers during a challenging time.

    “Since the App Store launched in 2008, the iOS app economy has become one of the fastest-growing sectors of the economy. Despite the pandemic, the App Store continues to provide economic opportunities for entrepreneurs of all sizes, helping anyone with an idea reach customers around the world and take advantage of new opportunities that would never be possible without it. The App Store ecosystem now supports more than 2.1 million US jobs across all 50 states — an increase of 15 percent since last year — as part of the 2.7 million jobs Apple supports across the country.“

  • Apple and Epic Both Gain Early Victories in Court Case

    Apple and Epic Both Gain Early Victories in Court Case

    A judge has rendered a split decision in the Apple/Epic court case, handing both sides an early victory.

    Things came to a head when Epic tried to bypass Google and Apple’s in-app purchasing rules and both companies responded by removing Fortnite from their app stores. It seemed evident that Epic had pushed the issue in an effort to get banned from the app stores and orchestrate a showdown in court. Apple responded by threatening to shut down Epic’s developer accounts, which would effectively eliminate its ability to distribute its Unreal Engine to other developers.

    Epic has been trying to get a temporary injection that would force Apple to reinstate Fornite and prevent it from terminating the developer accounts. In her initial ruling, U.S. District Judge Yvonne Gonzalez Rogers refused to reinstate Fornite, saying the company chose to break its agreements with Apple, instead of abiding by them while challenging Apple in court.

    It was this action that led many to believe Epic intentionally orchestrated the ban, since the company stood to lose nothing by leaving the status quo intact while pursuing legal action. Had Epic won, any judge would have retroactively awarded damages. Instead of waiting for that, however, Epic chose a course of action it knew would lead to a ban. That action did not seem to sit well with Judge Rogers.

    “In my view you cannot have irreparable harm when you create a harm yourself,” she said in her ruling Monday, according to Courthouse News Service.

    At the same time, however, she did grant a temporary injection against Apple removing Epic’s developer accounts. As Rogers pointed out, while Epic may have breached its contract with Apple in regard to Fortnite, it has not done so in regard to its Unreal Engine. As a result, it’s not fair to punish third-party developers by cutting off their access to one of the most popular gaming engines available.

    “Epic Games and Apple are at liberty to litigate against each other, but their dispute should not create havoc to bystanders,” she wrote.

    It remains to be seen how Judge Rogers will rule on the case as a whole, but nothing less than the future of Apple’s App Store is at stake.