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You don't get to use retaliatory behavior to discourage lawsuits, in this form, especially as a service provider. If they wanted to sue Epic back over frivolou

You don't get to use retaliatory behavior to discourage lawsuits, in this form, especially as a service provider. If they wanted to sue Epic back over frivolous patent violations, they're allowed, but if you're going to engage in retaliatory behavior you can't do it in a way that violates your own ToS.

spzb 6y ago
It's not retaliation although that's how Epic are trying to portray it. It's a straightforward breach of contract on Epic's part and Apple are invoking the termination clause.
danudey 6y ago
Apple has terms and conditions for developer accounts, which, if broken, result in account termination. Epic agreed to, and then broke, those terms and conditions. This results in account termination. I'm not sure how this is retaliatory behavior. If I had an app and snuck violations into my app to get past review, then had my app removed, then instantly released a PR campaign and filed a lawsuit, I think it would be pretty clear to most people that: 1. I broke the rules and having my account terminated is the obvious result. 2. I didn't break the rules accidentally, but instead broke them very deliberately. 3. I am not interested in discussing this through normal channels, and instead broke the rules to get my app removed as a PR power play so that I would look like the good guy. That's what happened here. Epic sneaking the IAP workaround into their app shows they broke the rules; Epic filing a lawsuit and launching a PR campaign instantaneously shows that they broke the rules deliberately, knowing the consequences, and are not interested in following the App Store T&C. Doing anything other than closing their developer accounts would be preferential treatment that other developers are unlikely to get in the same situation. Whether you agree with the rules or not (Epic obviously doesn't), according to the terms and conditions Apple is doing the correct and obvious thing.
- dade_ 6y ago
  Terms and conditions can say whatever they want, but illegal terms in a contract are not binding. The problem is that this type of dispute usually takes years to litigate, so I have to think there is much more to this strategy.

spzb 6y ago

It's not retaliation although that's how Epic are trying to portray it. It's a straightforward breach of contract on Epic's part and Apple are invoking the termination clause.

danudey 6y ago

Apple has terms and conditions for developer accounts, which, if broken, result in account termination. Epic agreed to, and then broke, those terms and conditions. This results in account termination. I'm not sure how this is retaliatory behavior. If I had an app and snuck violations into my app to get past review, then had my app removed, then instantly released a PR campaign and filed a lawsuit, I think it would be pretty clear to most people that: 1. I broke the rules and having my account terminated is the obvious result. 2. I didn't break the rules accidentally, but instead broke them very deliberately. 3. I am not interested in discussing this through normal channels, and instead broke the rules to get my app removed as a PR power play so that I would look like the good guy. That's what happened here. Epic sneaking the IAP workaround into their app shows they broke the rules; Epic filing a lawsuit and launching a PR campaign instantaneously shows that they broke the rules deliberately, knowing the consequences, and are not interested in following the App Store T&C. Doing anything other than closing their developer accounts would be preferential treatment that other developers are unlikely to get in the same situation. Whether you agree with the rules or not (Epic obviously doesn't), according to the terms and conditions Apple is doing the correct and obvious thing.

dade_ 6y ago
Terms and conditions can say whatever they want, but illegal terms in a contract are not binding. The problem is that this type of dispute usually takes years to litigate, so I have to think there is much more to this strategy.