But indirectly. If Epic doesn't have a developer license anymore, they cannot reasonably support their clients in implementing UE on any Apple hardware (and, depending on the licensing terms, they may not even legally support it...).
But indirectly. If Epic doesn't have a developer license anymore, they cannot reasonably support their clients in implementing UE on any Apple hardware (and, depending on the licensing terms, they may not even legally support it...).
Or put another way, they have two products at different levels of the stack and they have consciously chosen to risk one (the game) to leverage all their customer’s of their other product (Unreal Engine) onto their side in this war.
By contrast, with respect to the Unreal Engine and the developer tools, the Court finds the opposite result. In this regard, the contracts related to those applications were not breached.
And then:
The court also finds that "Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In this regard, the equities do weigh against Apple."
https://www.courtlistener.com/recap/gov.uscourts.cand.364265...
The fact that fortnite is built on UE doesn't have any significance here.
No, Epic is two different companies with two different accounts. Apple canceled both the account for Fortnite and the account for Unreal.
You would know this if you read the injunction that is being discussed...
Judges make legal decisions. If a judge says you can't do something, that means it's illegal; judges can rule whether a future action is illegal, including based on a threat, and that's what this injunction does. This injunction references Apple's threat and, ultimately, says that they legally can't do it (for now), just as Epic can't legally force Apple to reinstate Fortnite (for now).
But anyway, as to your original assertion that this injunction is unrelated to Apple's threat to terminate Epic's account with the Apple Developer Program, here's a direct quote from the injunction:
"THEREFORE, APPLE AND ALL PERSONS IN ACTIVE CONCERT OR PARTICIPATION WITH APPLE, ARE TEMPORARILY RESTRAINED from taking adverse action against Epic Games with respect to restricting, suspending or terminating any affiliate of Epic Games, such as Epic International, from Apple’s Developer Program [italics mine]"
Also, re: your assertion that "If Apple wins, then there's another matter to attend to. If they don't, then the status quo is still maintained and the matter is over." — I don't think anyone involved in the antitrust case, including the judge, ruled or believes anything like "the matter is over" and "the status quo is maintained" if Apple is found to be violating antitrust law. The status quo legally could not be maintained by Apple in that case. What exactly Apple would have to do would depend on what precisely the judge ruled, but maintaining the status quo would not be an option.
The court has blocked it because there could be greater harm in the short term (although that is grossly overblown -- the UE wouldn't stop working in the short or even medium term), but don't be confused into thinking this isn't a completely rote, normal response.
>The fact that fortnite is built on UE doesn't have any significance here.
You understand that Fortnite and UE are made by the same company, right? The canard that it has anything to do with what engine Fortnite uses is absurd noise.
* Epic Games, Inc. develops Fortnite and has an Apple developer account that it is released under.
* Epic Games International, S.a.r.l. develops Unreal Engine and holds its own Apple developer account.
So if the accounts of Epic Games, Inc. were closed, who cares. If Epic Games International's accounts were closed, then yes that's wrong of Apple to do.
"If your membership is terminated, you may no longer submit apps to the App Store, and your apps still available for distribution will be removed. You will also lose access to the following programs, technologies, and capabilities:"
[...]
"- Engineering efforts to improve hardware and software performance of Unreal Engine on Mac and iOS hardware; optimize Unreal Engine on the Mac for creative workflows, virtual sets and their CI/Build Systems; and adoption and support of ARKit features and future VR features into Unreal Engine by their XR team"
That is a statement that Apple made saying they will stop all help they give to Epic getting UE running on all Apple hardware. With the other stuff in the letter it makes it very clear that the problem is not just one for Epic Games, but all of Epic.
You can read it yourself - https://cdn2.unrealengine.com/epic-v-apple-8-17-20-768927327... (Apple's letter starts on page 51 of the PDF)
What's less clear is whether or not Apple would have actually revoked Epic International's developer accounts. You might like to give Apple the benefit of the doubt, but it's ambiguous enough for a court to issue a ruling that Apple aren't allowed to do that. This is obviously not just Epic catastrophizing if the court agreed with them and ruled in their favor on that part.
The problem is that the US judicial system, thanks to its focus on precedent cases no matter how old they are, and "modern common sense" don't always fit together.
Definitely not. If you have multiple apps in the App Store, and one is removed for violating the terms, the rest should not be removed, since the others didn’t violate those terms.
That would be like Google in Mountain View claiming that they don't avoid paying tax and they are the good guys, but Google SA Netherlands & Ireland who are the assholes who scam countries out of their share of tax revenue (The Dutch Irish sandwich tax loophole that they use).