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Epic Games’ Ongoing Legal Battle With Apple and Google, Explained

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3 years ago

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  • Epic Games, Apple, and Google have been engaging in their own battle royale to see if the tech giants are indeed monopolies.
  • Epic Games claims that both companies, through their associated app stores, restrict what users can access and force fees that amount to an unnecessary tax.
  • Additionally, Epic Games accuses the platforms of forcing this to be the case by not allowing, or heavily restricting, how apps can be accessed outside of the approved play stores.
  • Apple and Google both claim that the stores are for user data safety, and that their pricing models are in-line with industry standards.

Epic Games announced on August 17 that Apple has threatened to block access to developer tools, increasing the stakes of Epic Games’ recent decision to sue Apple.

The situation started last week, when Epic Games, the creator of the popular game Fortnite, was booted off the App Store for not paying Apple its 30% cut on in-App purchases within the Fortnite app. In response, Fortnite released a video that riffed on an old Apple ad and suggested the company was leading society to an Orwellian future.

This video coincided with Epic Games serving Apple an antitrust lawsuit. Almost right after all of this happened, Apple received an unexpected ally; Google. The other tech giant decided to also remove Fortnite from the Google Play story for essentially the same reason, leading Epic Games to file a lawsuit against it as well.

Past Criticisms

For longtime observers of the situation, none of this is particularly surprising. Tim Sweeny, the CEO of Epic Games, has been extremely vocal about his distaste for both Apple and Android. In fact, in response to a June 2020 change to the App Stores policies, he wrote on Twitter, “Here Apple speaks of a level playing field. To me, this means: All iOS developers are free to process payments directly, all users are free to install software from any source.”

However, the largest criticism from the CEO has been about the possible monopolies Apple and Google have with their app distribution platforms, and how that allows them to force developers to pay exuberant fees.

The fees cover 30% of both the purchasing of apps and in-app purchases. Sweeny says that having other app distribution platforms would mean that users could receive a substantial savings. To this effect, Epic Games put out a statement between suing Apple and Google that said, “Epic believes that you have a right to save money thanks to using more efficient, new purchase options. Apple’s rules add a 30% tax on all of your purchases, and they punish game developers like us who offer direct payment options.”

Lawsuit Arguments and Issues

In their various lawsuits, Epic Games lays out the same arguments, saying that the restrictive nature of the app stores means that Google and Apple arguably have monopolies. Yet, in the case of Google, Epic might face the argument that Google Play technically isn’t the only app store or way to get apps on Android.

Other app stores do exist, with the largest competitor being the Galaxy Store for Samsung Devices. Additionally, users can download apps directly from developers, something Epic Games offers on their Fortnite App.

It could be noted that Google Play is such a big platform and so heavily promoted on Android that most users don’t even realize there are other ways to get apps. Additionally, Google gives their store other advantages, like rolling out updates that restrict what type of location data can be accessed by non-Google Play apps, although there hasn’t been any limitations on in-app payments for those apps.

However the arguments against monopolization of the app ecosystem holds more water against Apple. The company’s platforms are a notoriously closed ecosystem, which is why Epic Games had originally focused their criticisms and efforts on Apple.

Easy Fix, Just Concede

For their parts, both Apple and Google have told various outlets that they want to work with Epic Games to have them on their app stores, but neither seem willing to concede on their guidelines, including the 30% cut. For example, Apple told The Verge that “The problem Epic has created for itself is one that can easily be remedied if they submit an update of their app that reverts it to comply with the guidelines they agreed to and which apply to all developers.”

Google largely has the same argument: that these rules are equally enforced on everyone and that Epic Games won’t get an exception. Regarding why the guidelines are even necessary, both companies have similar justifications.

The companies argue that by requiring apps to be on their app stores allows for a safer and cleaner experience for the user, additionally that having the same rules for everyone means that no one can claim they were treated unfairly.

However, that still leaves the elephant in the room and the big issue for everyone involved: the 30% commission, something that Apple and Google aren’t unique in having. Apple commissioned a study that found the 30% price tag is nearly ubiquitous among Apple and its peers. Notably a direct competitor to Epic Games, Steam, also charges 30%.

Notably though, Epic Games only charges a 12% fee for games on its platforms.

Epic Games isn’t alone in their frustration over the imposed prices. One of the biggest app developers out there, Tinder, has been extremely vocal about the issue, while Spotify launched a complaint with the European Commission about the fee.

The EU launched two investigations into the matter and have said:“It appears that Apple obtained a ‘gatekeeper’ role when it comes to the distribution of apps and content to users of Apple’s popular devices. We need to ensure that Apple’s rules do not distort competition in markets where Apple is competing with other app developers, for example with its music streaming service Apple Music or with Apple Books.”

In the U.S., lawmakers have increasingly applied pressure within the last year for both companies to explain the 30% cut.

Apple’s Retort

This situation has culminated in Apple’s threat to restrict Epic Games from accessing Apple Developer Tools. Epic Games claims they were told they until August 28 to fix the issues their apps had with the App Store or face losing their developer tools access.

Apple didn’t just cite the issue of cutting Apple out of their 30% fee. It also said Epic’s update descriptions were too vague. Either way, this could be a massive problem for Epic because without access to the developers tools, they’re barred from working on anything that goes onto the App Store.

Obviously that means no more Fortnite for iOS or Mac users, but that’s hardly the only thing Epic does on the App Store. The biggest casualty will be the Unreal Engine.

Gamers will recognize that name, but it’s one of the most accessible ways for developers to make games, and Epic owns it. The engine is used for more than just video games, but even film and television projects like “The Mandalorian” use it. It’s a mainstay in the entertainment industry.

No access to developer tools means no more updates for the Unreal Engine, and that means developers who rely on the Unreal Engine will be stuck using the same version, or possibly not even allowed to use the Engine at all on iOS and Mac devices.

This has put Epic in a hard spot, and so they went to the courts again. This time they’re asking for an injunction against Apple’s recent move, writing, “Apple’s actions will irreparably damage Epic’s reputation among Fortnite users and be catastrophic for the future of the separate Unreal Engine business.”

The company also added that without an injunction, there would be irreparable harm to itself, the Unreal Engine, and Fortnite.

See what others are saying: (CNBC) (Forbes) (The Verge)

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TikTok to Require Labels on Manipulated Media, Ban Deepfakes of Children

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2 days ago

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March 22, 2023

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The social media platform says it wants to embrace the creativity AI can offer while being cautious of the “societal and individual risks” that come with it.

TikTok is rolling out a slew of limitations regarding synthetic deepfake videos, including a ban on deepfake content of children.

In an update on Tuesday, the social media platform said it wants welcome “the creativity that new artificial intelligence and other digital technologies may unlock” while also being careful of the “societal and individual risks” that come with it. To mitigate those risks, TikTok will require users to label manipulated media depicting “realistic scenes.” Users can do so in stickers, captions, or other means that make it clear the video is “synthetic,” “fake,” “not real,” or “altered.”

On top of that, there are new restrictions about who can be the subject of these manipulated videos. TikTok will not allow deepfake media that shows the likeness of a “young person” or any private person, including adults. It is also barring deepfakes that depict adult public figures giving political or commercial endorsements, as well as deepfakes that violate one of the platform’s other rules.

“While we provide more latitude for public figures, we do not want them to be the subject of abuse, or for people to be misled about political or financial issues,” the company’s updated guidelines say. 

As TikTok’s policies previously stated, synthetic media that has been edited to mislead audiences about real-world events is also not allowed on the platform. 

As far as what kind of deepfake media is allowed on TikTok, the company said videos showing adult public figures in “certain contexts, including artistic and educational content,” get the green light. This can include a video of a celebrity doing a TikTok dance, or a historical figure being depicted in a history lesson. 

The rules will be enforced starting April 21. Between now and then, TikTok says it will be training its moderators to better implement the guidelines.

See what others are saying: (The Verge) (The Associated Press) (TechCrunch)

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Adidas Financial Woes Continue, Company on Track for First Annual Loss in Decades

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2 weeks ago

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March 8, 2023

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Adidas has labeled 2023 a “transition year” for the company. 

Yeezy Surplus 

Adidas’ split with musician Kanye West has left the company with financial problems due to surplus Yeezy products, putting the sportswear giant in the position to potentially suffer its first annual loss in over 30 years. 

Adidas dropped West last year after he made a series of antisemitic remarks on social media and other broadcasts. His Yeezy line was a staple for Adidas, and the surplus product is due, in part, to the brand’s own decision to continue production during the split.

According to CEO Bjorn Gulden, Adidas continued production of only the items already in the pipeline to prevent thousands of people from losing their jobs. However, that has led to the unfortunate overabundance of Yeezy sneakers and clothes. 

On Wednesday, Gulden said that selling the shoes and donating the proceeds makes more sense than giving them away due to the Yeezy resale market — which has reportedly shot up 30% since October.

“If we sell it, I promise that the people who have been hurt by this will also get something good out of this,” Gulden said in a statement to the press. 

However, Gulden also said that West is entitled to a portion of the proceeds of the sale of Yeezys per his royalty agreement.

The Numbers 

Adidas announced in February that, following its divergence from West, it is facing potential sales losses totaling around $1.2 billion and profit losses of around $500 million. 

If it decides to not sell any more Yeezy products, Adidas is facing a projected annual loss of over $700 million.

Outside of West, Adidas has taken several heavy profit blows recently. Its operating profit reportedly fell by 66% last year, a total of more than $700 million. It also pulled out of Russia after the country’s invasion of Ukraine last year, which cost Adidas nearly $60 million dollars. Additionally, China’s “Zero Covid” lockdowns last year caused in part a 36% drop in revenue for Adidas compared to years prior.

As a step towards a solution, Gulden announced that the company is slashing its dividends from 3.30 euros to 0.70 euro cents per share pending shareholder approval. 

Adidas has labeled 2023 a “transition year” for the company. 

“Adidas has all the ingredients to be successful. But we need to put our focus back on our core: product, consumers, retail partners, and athletes,” Gulden said. “I am convinced that over time we will make Adidas shine again. But we need some time.”

See what others are saying: (The Washington Post) (The New York Times) (CNN)

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Elon Musk Bashes Disabled Ex-Twitter Employee, Gets Blowback

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2 weeks ago

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March 7, 2023

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After Musk claimed the former employee “did no actual work,” the staffer calmly directed passive-aggressive insults right back at the billionaire.

Excuse Me, Do I Still Work Here?

Elon Musk brawled online with a former Twitter employee who didn’t know whether he was fired Tuesday, accusing the staffer of exploiting his disability.

Haraldur “Halli” Thorleifsson, who has muscular dystrophy, joined Twitter in 2021 after it acquired the creative agency he founded: Ueno.

He said on Twitter that he was unable to confirm whether he was still a Twitter employee nine days after being locked out of his work computer, despite reaching out to the head of HR and Musk himself through email.

At the time, Twitter had laid off at least 200 workers, or some 10% of its remaining workforce.

In search of an answer, Thorleifsson tweeted at Musk, who responded with the question: “What work have you been doing?”

After being given permission by Musk to break confidentiality, Thorleifsson listed several of his accomplishments, including leading “design crits to help level up design across the company.”

“Level up from what design to what? Pics or it didn’t happen,” Musk replied.

“We haven’t hired design roles in 4 months. What changes did you make to help with the youths?”

Thorleifsson reminded Musk that he couldn’t access any pictures because he was locked out of his work computer.

Musk stopped replying to the tweets, but hours later he returned to the platform to lob invective at his former employee.

Musk Vs. Halli

“The reality is that this guy (who is independently wealthy) did no actual work, claimed as his excuse that he had a disability that prevented him from typing, yet was simultaneously tweeting up a storm,” Musk tweeted, apparently referring to Thorleifsson. “Can’t say I have a lot of respect for that.”

“But was he fired? No, you can’t be fired if you weren’t working in the first place,” he added.

In a later Twitter thread, Thorleifsson said he could type for one or two hours at a time before his hands cramped, but that in pre-Musk Twitter, that wasn’t a problem because he was a senior director.

He added that despite his crippling disability, he worked hard for years to build Ueno.

“We grew fast and made money,” he said. “I think that’s what you are referring to when you say independently wealthy? That I independently made my money, as opposed to say, inherited an emerald mine.”

Thorleifsson made several more passive-aggressive jabs at Musk.

“I joined at a time when the company was growing fast,” he wrote. “You kind of did the opposite. The company had a fair amount of issues, but then again, most bigger companies do. Or even small companies, like Twitter today.”

Thorleifsson said that immediately following his back-and-forth with Musk, Twitter’s head of HR confirmed that he had indeed been fired from the company.

See what others are saying: (Business Insider) (CNN) (Yahoo)

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