Epic Games has taken its feud with Apple beyond the US to Australian courts.
As reported by The Sydney Morning Herald, the Fortnite creator has insisted that the tech giant has breached consumer laws in Australia. It has done so through being anti-competitive.
“Apple has said they have the legal right to do whatever the hell they want because they make the devices. Under Apple’s legal theory, they could charge 90 per cent. The very notion that they’re standing on is antithetical to free markets and competition,” said Epic Games CEO Tim Sweeney.
“Apple is essentially using its control of the hardware to force all commerce to go through them, against the will of developers and also against the will of consumers. What’s happening in the tech industry is really destructive. It needs to change rather fast.
Down under
Epic has chosen to take its legal battle to Australia due to the country’s robust regulatory framework and its legal system.
“It’s another set of laws under which Apple’s practices are clearly in violation. And another chance to get this issue really thoroughly examined,” said Sweeney.
“And also there’s a really big and growing mobile software industry in Australia, a lot of great game developers, and they all suffer dearly by Apple and Google’s 30 per cent tax. I doubt there’s a single developer in Australia who makes more profit from their own games then Apple and Google make from their games.”
See you in court
Meanwhile, Apple has responded to the claims by Epic. The American tech giant pointed out that the Fortnite creators are one of the most successful companies to have graced the App Store.
However, Apple had maintained its stance on the violation Epic knowingly made when it chose to add a new payment option in Fortnite.
“In ways, a judge has described as deceptive and clandestine, Epic enabled a feature in its app which was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines that apply equally to every developer and protect customers,” said Apple
“Their reckless behaviour made pawns of customers, and we look forward to making this clear to Australian courts.”
It’s a battle
Epic first chose to sue Apple back in August after the iOS creator chose to remove Fortnite from the App Store, due to the unauthorised addition of Fortnite’s new payment option.
The two giants will appear in court in May 2021. However, despite the advice given by Judge Yvonne Gonzalez Rogers, Epic and Apple have chosen to forgo a trial by jury.
Moreover, the games giant has filed a similar lawsuit against Google after the tech giant also removed the popular battle royale from its Android storefront. However, Google has asked that its case remain separate from Apple’s.
Recently, a judge dismissed the tech behemoth’s move to have its court case with Epic start in 2022.
