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Apple accuses Epic of making ‘a deliberate choice to cheat us’ in pursuit of special deal – Video Games Chronicle



Apple Inc” href=””>Apple has published its most detailed response yet to the legal challenge from Fortnite” href=””>Fortnite’s Epic Games” href=””>Epic Games.

This month Epic challenged Apple’s 30 percent cut of in-app purchases by adding a direct payment option to the Fortnite App, in breach of App Store rules. The move resulted in the removal of Fortnite from iOS and Epic immediately filed a lawsuit.

In a response published on Friday to Epic’s more recent request for a restraining order, Apple accused the Unreal Engine firm of attempting to “cheat” its App Store agreement in pursuit of its own special deal.

Significantly, Apple claims in legal documents that Epic CEO Tim Sweeney” href=””>Tim Sweeney asked for a “side letter” that would create a special deal only for Epic, in addition to its desire to launch an Epic Store on iOS” href=””>iOS. Sweeney has since called these claims “misleading”.

Sweeney had claimed earlier this month that Epic was not seeking a “special deal” with Apple.

Specifically, on Epic’s request for a restraining order, which would prevent Fortnite’s App Store removal and the cancellation of its developer accounts, Apple argued that it should not be eligible since it “knowingly and purposefully” created the harm.

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“In the wake of its own voluntary actions, Epic now seeks emergency relief. But the ‘emergency’ is entirely of Epic’s own making,” Apple said in its legal docs.

“Epic’s agreements with Apple expressly spell out that if an app developer violates the rules of the App Store or the license for development tools— both of which apply and are enforced equally to all developers large and small—Apple will stop working with that developer.

“Developers who work to deceive Apple, as Epic has done here, are terminated,” it added.

“So when Epic willfully and knowingly breached its agreements by secretly installing a ‘hotfix’ into its app to bypass Apple’s payment system and App Review Process, it knew full well what would happen and, in so doing, has knowingly and purposefully created the harm to game players and developers it now asks the Court to step in and remedy.”

Recounting the events that led to the legal dispute, Apple said it received an email from Epic on June 30, in which the developer requested to add a direct payment option in Fortnite and offer a competing Epic Games Store” href=””>Epic Games Store app through the App Store, that would allow iOS device users to install apps from Epic directly.

After declining the request, Apple claimed that Epic then “made a deliberate choice to cheat Apple.”

“Around 2am on August 13, Mr. Sweeney of Epic wrote to Apple stating its intent to breach Epic’s agreements: ‘Epic will no longer adhere to Apple’s payment processing restrictions.’

“Hours later, Epic activated a secretly planted payment mechanism in Fortnite to slide a non-approved change into the app that blatantly evaded App Review.

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“In order to deliberately conceal the change from Apple, Epic changed the option on its own servers to enable the approved version of Fortnite to offer a non-compliant in-app purchase option.”

Apple called Epic’s breach “flagrant” and in direct contravention to its Guidelines.

“Epic knew full well that, in circumventing Apple’s processes and breaching its contracts, it was putting its entire relationship with Apple—including its Unreal Engine and other projects—at serious risk,” it said.

“Epic made the calculated decision to breach anyway, and then run to this Court to argue that its customers were being damaged. All of this was avoidable if Epic had brought its antitrust case without breaching its agreements. It is hard to think of a case less worthy of the extraordinary relief that Epic seeks.”

Apple claimed in its response that it still wants Epic on iOS and to see the company continue to enjoy success on the platform.

“Apple wants Epic on iOS,” it said. “Apple wants customers to have access to the games they love from Epic and every other developer. What’s more, the success of Epic and so many other developers is exactly what Apple hoped for more than ten years ago when it opened the doors of the App Store.

“But Epic’s success does not entitle it to have this Court step in and remedy the harm it knowingly created, nor is there any legal basis for that. If Epic is looking for immediate relief for its customers, it can remove its ‘hotfix,’ continue to comply with the contracts it signed and that apply to everyone else, and go on to pursue its legal challenge in this Court.”


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Epic Games continues fight against Apple, urges iPhone-maker to restore Fortnite on App Store – Economic Times



SAN FRANCISCO: Epic Games will strive anew Monday to convince a judge that its hit title Fortnite should be restored to Apple’s App Store, despite sidestepping the tech titan’s standard commission on transactions.

Apple does not allow users of its popular devices to download apps from anywhere but its App Store, and Epic is challenging its practice of taking a 30 percent cut of money spent on the apps by users.

The clash comes as Apple puts priority on selling digital content and subscription services to the one billion-plus people around the world using devices powered by its iOS mobile operating software.

The commission dispute has also become a rallying cry for app makers who believe Apple’s App Store policies are monopolistic.

Major app developers including Epic and streaming music giant Spotify recently formed a coalition to press for new terms with the major online marketplaces operated by Apple and Google.

Google runs a Play Store for apps tailored for devices powered by its Android software and also takes a commission, but people are free to get apps from other online venues.

The new Coalition for App Fairness advocacy group said it will seek legal and regulatory changes for the app stores which serve as gatekeepers for much of the mobile software distributed to smartphone users.

The move comes amid rising criticism of the fees and terms imposed by the app stores, and legal challenges by both Epic and Spotify to Apple’s commission for online subscriptions.

A hearing slated for Monday before a federal judge in California will focus on whether Apple should be compelled to put Fortnite back in the App Store while an overarching lawsuit plays out.

Apple pulled Fortnite from its online mobile apps marketplace on August 13 after Epic released an update that dodges revenue sharing with the iPhone maker.

The judge in the case previously rejected an emergency injunction request by Epic, saying Fortnite’s eviction by Apple was a “self-inflicted wound.”

But Epic did not back down from its fight against Apple, accusing the tech giant of being “a monopolist.”

Due to the legal row, Fortnite fans using iPhones or other Apple devices no longer have access to the latest game updates, including the new season released at the end of August.

Stay Fit! Apple Watch Series 6 Wins Over Health Freaks With Oxygen Monitor, ECG & Fitness T…

All Health Metrics At One Place

At its much-awaited September event, Apple unveiled the Apple Watch Series 6, sequel to Watch Series 5, which keeps a track of all your fitness parameters at one place. It comes with various features such as ECG, fitness tracker and can also monitor the blood oxygen levels of the users.

What’s more? Given the Covid outbreak, the company has also partnered with various health organisations to see how blood oxygen level and heart rate can help users stay healthy.

The ability of the Apple Watch to monitor blood oxygen seeks to beat a similar feature already available on watches from rival Fitbit Inc, which Alphabet Inc’s Google is buying for $2.1 billion.

With all the health metrics available at one place, here’s why Apple Watch Series 6 can give a tough competition to Fitbit and emerge as the go-to gadget for all fitness enthusiasts.

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Dtac introduces Family Setup for Apple watchOS – Telecompaper



Thai operator dtac has announced it will support cellular service for Family Setup, which allows kids and older family members of the household who do not have an iPhone to use Apple Watch. Apple introduces Family Setup in watchOS 7 1, bringing the communication, health, fitness, and safety features of Apple Watch to kids and older family members of the household who do not have iPhone. 

Apple Watch can be set up through a parent’s iPhone, so children can access its tools while parents can reach their child and identify their location. Kids and older family members using Family Setup will have their own phone number through a separate cellular plan. Family Setup will be available with watchOS 7 and iOS 14, and requires Apple Watch Series 4 morels or later or Apple Watch SE, paired with iPhone 6s or later.

To use all Family Setup features, dtac customers can subscribe to the dtac Family Watch package. Packages start from THB 150 per month and include 100 minutes for voice calls, and 500MB for internet traffic.

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West Kelowna Warriors complete sweep of Vernon Vipers – Keremeos Review



The Vernon Vipers fell to 0-2 in the B.C. Hockey League’s Okanagan Cup exhibition tournament Saturday night on home ice.

Deegan Mofford’s goal with 15 seconds left in the second period gave the visiting West Kelowna Warriors a 2-1 win over the Snakes at Kal Tire Place, completing a home-and-home sweep in the first two games of the tourney.

The Warriors beat Vernon 4-1 Friday at Royal LePage Place.

Kaidan Johnson gave the Vipers a 1-0 lead, tapping in a goal-mouth pass from defenceman Trey Taylor at 19:02 of the opening frame.

Carter Wilkie got that one back for the Warriors with a shorthanded goal at 16:30 of the second.

Zach Bennett picked up the win in goal for West Kelowna while Cloverdale product Roan Clarke was stellar in net for the Vipers.

The Okanagan Cup is a two-month tournament that will feature the Okanagan’s four teams, the Vipers, Warriors, Salmon Arm Silverbacks and Penticton Vees.

The tournament will consist of a total of 27 games as each team will face-off against one another four times. The games will take place on Fridays and Saturdays with each team playing a total of 12 games.

The final weekend of play will commence on Saturday, Nov. 7, followed by a weekend of semifinal and final action, beginning Friday, Nov. 13 and concluding with the championship game on Saturday, Nov. 14.

“This a great opportunity for our fans to get their hockey fix,” said Vipers executive vice-president Todd Miller.

Each of the teams 12 games will be streamed live on In addition, all four organizations are excited to showcase their players on Shaw with select games airing on the Shaw channels across the Okanagan.

The Vees started the tournament 2-0, sweeping the Silverbacks 7-0 in Salmon Arm, and 8-2 at the South Okanagan Events Centre.

The tournament continues Friday, Oct. 2, when the undefeated Warriors and Vees tangle in Penticton. The clubs play again the next night in West Kelowna.

The Vipers will visit Penticton for a mid-week game Wednesday, Oct. 7, before the two teams meet at Kal Tire Place Saturday, Oct. 10.

READ MORE: West Kelowna Warriors top Vernon Vipers in return to action

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