Epic tests Apple with new request: let us relaunch Fortnite in Korea

[zigzag312]

Now Korea has "TOS" Apple doesn't like... Welcome to the other side, Apple :P

[azinman2]

If they violated rules previously and got booted (and then sued in a very public battle), why would they be allowed back?

[Wowfunhappy]

Because Apple is legally required to remove the rule they violated.

[saltedonion]

Cuz when u have as much market power as Apple, you don’t really have a choice in granting someone market access to your platform. A refusal is potential grounds for a antitrust case. Assuming ofcourse, epic stays within the lines of apple’s other rules which hasn’t been challenged in court.

[aero-glide2]

Not all terms of conditions are legally enforceable. And it's not as simple as "they are a private company they can do whatever they want". There are anti trust laws.

[covercash]

Pretty sure the judge said they could be reinstated months ago, with IAP held in escrow until verdict.

[sigzero]

Exactly this. They wouldn't be unless Apple decides to do a 180 on booting them.

[judge2020]

Does anyone have specific details on if the Korea law[0], which Epic is using as a basis for this request[1], has the ability to make apple reinstate Epic's account? Since the ban happened long before this law was even proposed, it wouldn't seem like the law would be retroactive.

0: https://news.ycombinator.com/item?id=28366063

1: https://twitter.com/FortniteGame/status/1436105346184056832

[pcr910303]

The law isn't even active yet, to say nothing of retroactive. It just only passed the National Assembly (i.e. Congress), not even announced by the government. It probably won't happen, but theoretically the government can reject the law as well.

[lionhead]

Okay, I have (a bit) more details for you. I got a copy of the bill so I could check the exact wording, I am not a lawyer, just a concerned citizen but I am sure many of you are curious to know so I am sharing it.

First, to understand how this law amendment was introduced, it's important to understand the original act, called the "TELECOMMUNICATIONS BUSINESS ACT" which is the main act regulating the sector. Article 50 of this act defines a list of prohibited acts by market participants, and the related Enforcement Decree prescribes a number of punitive measures the Korean Communication Commission is allowed to take against entities found in breach of Article 50 (the measures range from corrective orders to penalties).

Here is the original article:

   Article 50 (Prohibited Acts)(1) No telecommunications business operator may engage in any of the following conduct (hereinafter referred to as "prohibited acts") which undermine or are likely to undermine fair competition or users' interests, or allow other telecommunications business operators or third parties to engage in such conduct: <Amended by Act No. 13823, Jan. 27, 2016; Act No. 15858, Dec. 11, 2018> 1. Placing unfair or discriminatory conditions or restrictions on the provision of equipment, etc., joint utilization, joint use, interconnection or joint-use services, wholesale services, provision of information, etc.;

. . . ...and the list goes on, to end at number 8:

  8. Unfairly restricting measures to delete any software unessential to implementing functions of a communications terminal device or measures equivalent thereto; or installing and operating or suggesting any software that unfairly restricts the installation of other software.

Now what this amendment does is add the following three prohibited acts to the list:

Korean:

  9. 앱 마켓사업자가 모바일콘텐츠 등의 거래를 중개함에 있어 자기의 거래상의 지위를 부당하게 이용하여 모바일콘텐츠 등 제공사업자에게 특정한 결제방식을 강제하는 행위
  10. 앱 마켓사업자가 모바일콘텐츠 등의 심사를 부당하게 지연하는 행위
  11. 앱 마켓사업자가 앱 마켓에서 모바일콘텐츠 등을 부당하게 삭제하는 행위

English:

  9.  For app market operators, abusing their dominant position as intermediary in mobile contents transactions to force upon the mobile content providers the usage of a designated (specific) payment method 
  10.  For app market operators, unfairly and unduly delaying the review  of  mobile contents submitted to the marketplace [by mobile contents providers]
  11.   For app market operators , unfairly and unduly deleting mobile contents from the marketplace

Please note:

1) All translation is mine.

2) I am not a lawyer.

3) I am only sharing this because I learned so much from the HN community and because I've repeatedly seen requests for details about this law.

4) The bill(Korean): https://likms.assembly.go.kr/filegate/sender36?dummy=dummy&b...

Telecommunications Business Act, with its Enforcement Decree (English): https://elaw.klri.re.kr/eng_service/lawTwoView.do?hseq=50189

[smoldesu]

I gotta say, this is outright spiteful on Epic's behalf. Not necessarily bad, but it's always interesting to watch when companies make things personal like this. It's almost certainly more trouble than it's financially worth to relaunch Fortnite's iOS build in a single country, but I suppose we're here to see how they react.

[asdfasgasdgasdg]

It is not spiteful to demand what is yours by right. Apple has been abusing their market position for years, and Korea is making legal inroads on fixing that situation. It is well that Epic should demand Apple follow this long overdue law.

[okwubodu]

> It's almost certainly more trouble than it's financially worth

This is the same company that nuked their money-printer of a mobile game to prove a point.

[dustintrex]

Really? Of all the countries in the world, Korea is probably the most fanatical about gaming, and the payoff for getting Fortnite into the Apple Store would be considerable.

[ak217]

This is hardly spiteful compared to Apple's move to cut off all games made using Unreal Engine from the app store, back when Epic started their campaign. (Apple was only stopped from doing so by the court after Epic filed their lawsuit.)