> 12. The gatekeeper shall apply fair, reasonable, and non-discriminatory general conditions of access for business users to its software application stores, online search engines and online social networking services listed in the designation decision pursuant to Article 3(9).
Apple don't get to deny access to their main competitor in this space just as a show of force. That is not fair, reasonable or non-discriminatory.
Epic also intentionally broke agreements with Apple before. Non-discriminatory doesn’t mean they have no grounds to terminate Epic’s developer accounts, and Epic is continuing to make themselves look untrustworthy by trying to publicly and explicitly shank Apple. Spotify is also trying to shank Apple in all the same places Epic is, but they also didn’t go behind Apple’s back to deceive the prior review process in contravention to a signed agreement, file suit and spin-out a pre-prepared publicity stunt-filled PR campaign and then go on to court to testify that all of that was done on purpose. Tim Sweeney and Epic did.
It sucks because I was hoping this fight was basically in the rear-view mirror now, but it’s hard to argue Apple has no grounds for calling Epic untrustworthy and not even maintaining an arms-length business relationship in one jurisdiction with them. Who’s to say Epic wouldn’t try something similar again? Apple can still set terms under the DMA, and Tim has been publicly campaigning that these terms violate the DMA which isn’t actually his call to make.
Also one other point:
> Apple don't get to deny access to their main competitor in this space
As of today, and yesterday, and going back to the dawn of the iPhone: Epic isn’t anything in “this space” let alone Apple’s main competitor. They have stated that they intend to compete, and want to compete with Apple in this space, but Epic’s iPhone app marketplace is vaporware. It hasn’t shipped, it doesn’t look like they’re going to be able to ship now, and in its entire history of being discussed, has earned Epic €0.00 to date.
This will be another issue determined by EU courts, but Apple is not justifying it as a show of force. They're justifying it based on Epic's prior breach of contract and statements they've made. I think based on the record, courts will side with Apple.
a) It is fair and non-discriminatory. Epic was found by the courts to have violated the terms of the agreement that they signed and Apple had the right to terminate it. They have done this with other developers as well.
You don't have a duty to hire in USA, but you can still get in trouble for illegally firing someone for the wrong cause. Same applies here, this isn't rocket science.
Right, the major difference being that Epic is not an employee of Apple and thus cannot benefit from employment law. The terms of their relationship is governed by contract law, and now the DMA.
jsnell|2 years ago
Apple don't get to deny access to their main competitor in this space just as a show of force. That is not fair, reasonable or non-discriminatory.
SllX|2 years ago
It sucks because I was hoping this fight was basically in the rear-view mirror now, but it’s hard to argue Apple has no grounds for calling Epic untrustworthy and not even maintaining an arms-length business relationship in one jurisdiction with them. Who’s to say Epic wouldn’t try something similar again? Apple can still set terms under the DMA, and Tim has been publicly campaigning that these terms violate the DMA which isn’t actually his call to make.
Also one other point:
> Apple don't get to deny access to their main competitor in this space
As of today, and yesterday, and going back to the dawn of the iPhone: Epic isn’t anything in “this space” let alone Apple’s main competitor. They have stated that they intend to compete, and want to compete with Apple in this space, but Epic’s iPhone app marketplace is vaporware. It hasn’t shipped, it doesn’t look like they’re going to be able to ship now, and in its entire history of being discussed, has earned Epic €0.00 to date.
Despegar|2 years ago
threeseed|2 years ago
b) Epic is not their main competitor in anything.
Jensson|2 years ago
Despegar|2 years ago