Hacker News Reader

Comment by tmotwu | Hacker News Reader

This should alarm any developer. Any iOS developer could be at risk to pay Apple punitive damages whenever they determine their rules have been broken.

View on HN

The punitive damages are not for simply breaking the rules, this is made very clear in the filing, they are for knowingly and deliberately breaking them with a full understanding of the legal consequences for doing so.

The punitive damage could as simple as Apple putting you out of business if you rely mostly on your iOS app to survive.

We've seen this many times, it's not exclusive to the case against Epic.

Apple is explicitly stating that they retaliated so hard against Epic specifically because Epic (1) asked for permission to break the contract, and then (2) broke the contract when they did not receive permission (even going so far as to send upper Apple leadership a letter informing them of the decision). So Apple's argument is that Epic was deliberately trying to start a big dramatic issue, and Apple wants compensation for being dragged into it.

---

Please note that I have not weighed in on whether I think Apple or Epic is in the right (legally or otherwise). I'm just informing you of their justification, and why they claim this isn't a danger for other developers who may accidentally (or, perhaps, much more minorly) break the terms of service.

Then complain about those cases, not this one where the argument does not hold.

That's exactly how contract law works.

Just like game consoles have been doing for the last 40 years.

Right. And some of us are very opposed to that model taking over the majority of computing.

Then give money to companies that don't offer that model.

I have no understanding for anyone that buys Apple and then complains.

There aren't a lot of alternatives in the smartphone space. If you don't like Android, you're stuck with Apple. Now if both are abusing their power, using your reasoning, you're supposed to say and do nothing ?

No, one is allowed to do something.

One could, you know, make a case that it should be illegal, go to court to get that official, and then the way to implement your own payment processing is open.

But beginning at the last step, is totally the wrong order to do these kind of things.

Besides that, Epic and Apple had an agreement the moment Epic published fortnite in the app store. If they dont like the contract, they can leave. Again, if they think the terms are illegal, go fight that out BEFORE you implement something that breaks the contract.

Yes, just like I don't have a say in what the supermarket around the corner decides to sell, besides taking the effort to go somewhere else.

Or what goes into each game console, my cable provider installs on their set top box, and so on.

This argument positions corporate policy as some kind of inalienable right. It is not. There are things called laws that, in a democratic society, let us have a say in what the supermarket around the corner decides to sell.

If they are dumb enough to pull this Epic move and sue Apple you bet they will sue back

That's not a realistic risk. Epic planned ahead to pick a fight, prepared dishonest advertising, again in advance, and has generally acted in bad faith.

I for one am happy to see Apple fire back with both barrels. Epic deserves it. A message has to be sent.

Reply on news.ycombinator.com