←back to thread

Apple just kicked Fortnite off the App Store

(www.theverge.com)
1704 points ardit33 | 1 comments | 13 Aug 20 19:03 UTC | HN request time: 0s | source
Show context
andreasley ◴[13 Aug 20 20:37 UTC] No.24148645[source]▶
Epic Games has filed a lawsuit [1] and published a Fortnite-themed parody of Apple's "1984" [2] to get some publicity for it.

[1] https://cdn2.unrealengine.com/apple-complaint-734589783.pdf

[2] https://www.youtube.com/watch?v=euiSHuaw6Q4

replies(8): >>24148908 #>>24149547 #>>24149588 #>>24150052 #>>24150240 #>>24152704 #>>24152926 #>>24155057 #
coldcode ◴[13 Aug 20 20:51 UTC] No.24148908[source]▶
They will lose as the TOS clearly indicates the rules and Epic agreed to them. This is basic contract law. Apple has a massive team of experienced lawyers.
replies(4): >>24148955 #>>24148988 #>>24148992 #>>24150072 #
abnry ◴[13 Aug 20 20:57 UTC] No.24148992[source]▶
I'm guessing the crux of the argument will be that the ToS are illegal in this respect?
replies(1): >>24149188 #
coldcode ◴[13 Aug 20 21:07 UTC] No.24149188[source]▶
It is likely extremely difficult to win such a suit based on challenging the terms of an agreement that you agreed to repeatedly. Every single change to the TOS for a developer account requires acceptance. I doubt there is any part of this agreement that Apple did not write with this exact circumstance in mind. No matter what Epic challenges based on this argument in the end they will give in and look like fools. Maybe if they are lucky Apple will lower the % by a little. This is not cutting edge law here.
replies(3): >>24149450 #>>24149526 #>>24150034 #
RussianCow ◴[13 Aug 20 22:03 UTC] No.24150034{3}[source]▶
If I give you a contract stating that you allow me to shoot you in the head, you sign it, and I pull the trigger, I still go to prison for murder. Whether or not you "agreed" to something is irrelevant if the contract cannot be legally enforced, which is what Epic is hoping to prove with this lawsuit.
replies(1): >>24155932 #
1. dwaite ◴[14 Aug 20 10:00 UTC] No.24155932{4}[source]▶
However, the contract is the only thing which allows Epic to publish in the store. So it is not enough for them to simply get terms they don't like to be declared illegal, they still would have to get the terms they like into the contract.

If Apple changed their stance to "all services and digital goods associated with your app must included in the original purchase price", that might meet the court's requirements for legality but it would leave Epic without their current revenue stream.