Epic Submits Fortnite to App Store Through Swedish Subsidiary
Kif Leswing, reporting for CNBC: Epic Games said on Friday that it submitted Fortnite to Apple’s App Store, the month after a judge ruled in favor of the game maker in a contempt ruling. Fortnite was booted from iPhones and Apple’s App Store in 2020, after Epic Games updated its software to link out to the company’s website and avoid Apple’s commissions. The move drew Apple’s anger, and kicked off a legal battle that has lasted for years. It was more than “drawing anger”. It was a blatant and purposeful stunt that violated rules for which the penalties were clear. This is like saying that someone doing time in prison for being convicted of stealing a car “drew the court’s anger”. Last month’s ruling, a victory for Epic Games, said Apple was not allowed to charge a commission on link-outs or dictate if the links look like buttons, paving the way for Fortnite’s return. Apple could still reject Fortnite’s submission. An Apple representative did not respond to CNBC’s request for comment. Apple is appealing last month’s contempt ruling. I too asked Apple for comment on this earlier in the week, and they had nothing to state. Maybe Apple will just allow this. I don’t know. But if I were a betting man, I’d wager that Apple does not allow Fortnite back. That last week’s injunction was a big loss for Apple doesn’t make it a win for Epic. If all were forgiven or forgotten, Epic wouldn’t need to submit this through their Swedish subsidiary, which has an Apple developer account only because the EU forced Apple to grant them one. There’s nothing in any US legal ruling that requires Apple to have even granted Epic Games a new developer account (or restore their old rescinded one), let alone require Apple to accept a submission for a justifiably banned developer through an EU loophole. If they’re not trying to make this happen through a loophole, why not just get Apple to reinstate Epic’s original Apple developer account? (Worth noting: Fortnite isn’t available in the App Store in the EU either — their Swedish developer account is only there to run the Epic Games Store.) If someone blatantly violated the rules they’d agreed to, and is unapologetic for having done so, why would you trust them again? It’s the Fool me once, shame on you; fool me twice, shame on me axiom. What would stop Epic from re-enabling in-app purchases in Fortnite again? Here’s the tweet from Epic Games earlier today: We’ve submitted Fortnite to Apple for review so we can launch on the App Store in the U.S. That sure lacks the certainty Sweeney was tweeting with a week ago, when he was, ridiculously, dictating terms to Apple. Tim Sweeney is a proven liar and one of the most unreliable narrators in the industry. I can’t believe how many publications continue to take him and Epic at their word that Fortnite is, for sure, coming back. Again, maybe it is! But that’s Apple choice, and if it happens, has zero to do with last week’s injunction against Apple other than the publicity and perception. I for one would find it somewhat surprising for Apple executives to allow Tim Sweeney to push them around and mock them. ★
Kif Leswing, reporting for CNBC:
Epic Games said on Friday that it submitted Fortnite to Apple’s App Store, the month after a judge ruled in favor of the game maker in a contempt ruling.
Fortnite was booted from iPhones and Apple’s App Store in 2020, after Epic Games updated its software to link out to the company’s website and avoid Apple’s commissions. The move drew Apple’s anger, and kicked off a legal battle that has lasted for years.
It was more than “drawing anger”. It was a blatant and purposeful stunt that violated rules for which the penalties were clear. This is like saying that someone doing time in prison for being convicted of stealing a car “drew the court’s anger”.
Last month’s ruling, a victory for Epic Games, said Apple was not allowed to charge a commission on link-outs or dictate if the links look like buttons, paving the way for Fortnite’s return.
Apple could still reject Fortnite’s submission. An Apple representative did not respond to CNBC’s request for comment. Apple is appealing last month’s contempt ruling.
I too asked Apple for comment on this earlier in the week, and they had nothing to state. Maybe Apple will just allow this. I don’t know. But if I were a betting man, I’d wager that Apple does not allow Fortnite back. That last week’s injunction was a big loss for Apple doesn’t make it a win for Epic. If all were forgiven or forgotten, Epic wouldn’t need to submit this through their Swedish subsidiary, which has an Apple developer account only because the EU forced Apple to grant them one. There’s nothing in any US legal ruling that requires Apple to have even granted Epic Games a new developer account (or restore their old rescinded one), let alone require Apple to accept a submission for a justifiably banned developer through an EU loophole. If they’re not trying to make this happen through a loophole, why not just get Apple to reinstate Epic’s original Apple developer account? (Worth noting: Fortnite isn’t available in the App Store in the EU either — their Swedish developer account is only there to run the Epic Games Store.)
If someone blatantly violated the rules they’d agreed to, and is unapologetic for having done so, why would you trust them again? It’s the Fool me once, shame on you; fool me twice, shame on me axiom. What would stop Epic from re-enabling in-app purchases in Fortnite again?
Here’s the tweet from Epic Games earlier today:
We’ve submitted Fortnite to Apple for review so we can launch on the App Store in the U.S.
That sure lacks the certainty Sweeney was tweeting with a week ago, when he was, ridiculously, dictating terms to Apple. Tim Sweeney is a proven liar and one of the most unreliable narrators in the industry. I can’t believe how many publications continue to take him and Epic at their word that Fortnite is, for sure, coming back. Again, maybe it is! But that’s Apple choice, and if it happens, has zero to do with last week’s injunction against Apple other than the publicity and perception. I for one would find it somewhat surprising for Apple executives to allow Tim Sweeney to push them around and mock them.
