Apple Says Epic Games 'Wants Us to Be Android, But We Don't Want to Be'

The highly-anticipated Epic Games vs. Apple trial kicked off today in a federal court in Oakland, California, with lawyers for both companies delivering opening remarks before District Judge Yvonne Gonzalez Rogers.

fortnite samsung
Lawyers for Epic Games attempted to paint the App Store as anti-competitive and monopolistic, noting that developers are forced to use Apple's in-app purchase system, and thus pay Apple a 30% commission on sales. (The rate drops to 15% for subscriptions after the first year and for qualifying developers who sign up for Apple's new Small Business Program and earn less than $1 million per calendar year in net revenue.)

Epic Games described the App Store as a "walled garden" and presented emails from current and former Apple executives like Steve Jobs, Phil Schiller, Craig Federighi, Eddy Cue, and Scott Forstall in an attempt to prove this claim.

Epic Games wants Apple to be forced to allow third-party app stores on iOS and to let developers offer direct payment systems, but Apple argued that a single, highly-curated App Store is necessary to protect the security, privacy, reliability, and quality that customers have come to expect from the company.

"Epic wants us to be Android, but we don't want to be," said Apple lawyer Karen Dunn, referring to the ability to sideload apps outside of the Google Play store on Android devices. "Our consumers don't want that either," she added.

Epic Games is the creator of popular battle royale game Fortnite, which Apple removed from the App Store in August 2020, shortly after Epic Games slyly introduced a direct payment option in the app, in defiance of the App Store rules. Epic Games then filed an orchestrated lawsuit against Apple, accusing the company of anti-competitive behavior.

At the time, Apple said Epic Games "took the unfortunate step of violating the App Store guidelines that are applied equally to every developer and designed to keep the store safe for our users," adding that it would "make every effort to work with Epic to resolve these violations so they can return Fortnite to the App Store." Epic Games has refused to cooperate, however, and Fortnite remains unavailable on the App Store.

Epic Games CEO Tim Sweeney testified at the trial today, saying that by introducing the direct payment option, he wanted consumers to see that Apple exercises "total control" over iOS and software available on the platform.

The trial is expected to continue for a total of three weeks, with Apple's CEO Tim Cook and other executives expected to testify.

Top Rated Comments

TheDailyApple Avatar
12 weeks ago
Maybe someone should start a class action lawsuit against Epic for trying to change the ecosystem Apple users paid for.
Score: 145 Votes (Like | Disagree)
bradders_uk Avatar
12 weeks ago
"Epic Games CEO Tim Sweeney testified at the trial today, saying he wanted consumers to see that Apple exercises "total control" over iOS and software available on the platform."

Erm... yes... we know, that's exactly what we paid for and want!! If I didn't, I'd go Android.
Score: 100 Votes (Like | Disagree)
jav6454 Avatar
12 weeks ago

Maybe someone should start a class action lawsuit against Epic for trying to change the ecosystem Apple users paid for.
That is actually not a bad idea. The reason I went with iOS since the start and keep it as such was and is the App Store and it's security. I haven't heard of single malware for iOS vs hundreds for Android.
Score: 72 Votes (Like | Disagree)
_Spinn_ Avatar
12 weeks ago

Maybe someone should start a class action lawsuit against Epic for trying to change the ecosystem Apple users paid for.
I could get behind this. I picked iOS precisely because it wasn’t Android. If I wanted Android that’s what I would have bought.
Score: 70 Votes (Like | Disagree)
gigapocket1 Avatar
12 weeks ago
So... As an Apple User.. We already knew who they were.. Which is why we buy in lol
Score: 56 Votes (Like | Disagree)
Astralis56 Avatar
12 weeks ago

Maybe someone should start a class action lawsuit against Epic for trying to change the ecosystem Apple users paid for.
Right? I don’t recall an instance where a product manufacturer told Walmart how to run its store. People go to Walmart from their own will, and that’s the same thing with Apple. You want to distribute your product on a platform that you haven’t created yourself? Then pay the cut.
Score: 42 Votes (Like | Disagree)

Top Stories

fortnite apple featured

Apple Seeks Early Motion to Reject Epic's Claim It's Being Denied iOS Access

Wednesday May 19, 2021 4:03 am PDT by
As part of the Apple vs. Epic Games legal battle, Apple has filed a motion asking for a judge ruling on one of the ten claims that Epic Games had made against it. Specifically, Apple is seeking a partial judgment on the claim that iOS is an "essential facility" and denies Epic's claim that it has been unlawfully barred from accessing it through the App Store. The claim, specified in court...
fortnite apple logo 2

Epic Games Prevented From Expanding Apple Legal Battle to UK

Monday February 22, 2021 9:28 am PST by
Epic Games will not be able to expand its ongoing Fortnite fight with Apple in the UK after a judge said the case could not continue in London, reports Bloomberg. In January, Epic Games submitted a complaint to the United Kingdom's Competition Appeal Tribunal in an effort to get the Fortnite app back on the App Store in the UK. Epic Games argued that Apple's decision to remove Fortnite was...
fortnite apple logo 2

Epic Games' App Store Legal Challenge 'Self-Serving,' Apple Tells Australian Court

Tuesday March 23, 2021 2:37 am PDT by
Apple has told an Australian court that Epic Games' legal challenge against the App Store is "self-serving," and that all the software company aims to do is "redefine the terms of access" that it's always been subject to on Apple's platforms. As reported by The Guardian, Apple and Epic Games on Tuesday went head-to-head in a federal court in Sydney, Australia, following Epic's decision to...
samsung epic fortnite swag

Epic Games and Samsung Send 'Free Fortnite' Swag to Influencers With Galaxy Tab S7

Monday December 21, 2020 2:20 pm PST by
As Epic Games' dispute with Apple continues on, the gaming company has teamed up with Samsung to send "Free Fortnite" swag out to influencers. The gift package, which was shared by Kinda Funny's Greg Miller, includes a "Free Fortnite" jacket with a rainbow-colored llama logo and a Galaxy Tab S7 tablet from Samsung. A note included with package has a reminder that Fortnite is available from...
fortnite apple featured

Judge in Upcoming Epic v. Apple Trial to Limit In-Person Attendees

Friday March 26, 2021 1:21 pm PDT by
Apple and Epic Games lawyers are continuing to plan for their upcoming May 3 bench trial, and in a preparatory conference held today, the judge overseeing the case said that attendance will be limited due to the ongoing global health crisis (via Law360). U.S. District Judge Yvonne Gonzalez Rogers has been planning for an in-person trial because she believes that the case is significant...
fortnite apple featured

Tim Cook Ordered to Attend 7-Hour Deposition in Apple vs. Epic Games Lawsuit

Tuesday February 2, 2021 3:33 am PST by
A judge presiding over preparatory hearings in the Apple vs. Epic Games court case has ruled that Apple CEO Tim Cook must attend a seven-hour long deposition to testify about how the company views App Store competition, reports Gizmodo. U.S. magistrate Judge Thomas S. Hixon reportedly settled on the seven-hour deposition after Epic Games proposed eight hours to depose Cook and Apple...
timcookantitrust

Tim Cook 'Practicing for Hours' Ahead of Epic Games Testimony Expected This Week

Monday May 17, 2021 4:17 am PDT by
So far, Apple CEO Tim Cook has taken a backseat in defending Apple as it faces a significant legal battle with Epic Games regarding the App Store. While the CEO has commented on the platform in the past, for the first time this week, Tim Cook will take center stage in his company's battle with Epic Games. Apple in March submitted its list of executives that will testify during the trial...
fortnite apple featured

Fortnite Dispute Between Apple and Epic Games Won't Have Jury Trial

Tuesday September 29, 2020 5:29 pm PDT by
Apple and Epic Games do not want to have a jury trial in their ongoing legal dispute over Fortnite and Apple's App Store policies, according to a filing submitted to the Northern California court handling the case today. The two companies said they have met and have agreed that both Epic's claims and Apple's counterclaims should be tried by the court with a bench trial at a date to be...
fortnite apple logo 2

Federal Judge Tosses Apple's Theft Claims in Ongoing Epic Games Legal Fight

Wednesday November 11, 2020 4:27 am PST by
A California federal judge on Tuesday dismissed some of Apple's counterclaims against Epic Games in its ongoing antitrust battle over Apple's App Store fees (via Bloomberg). Apple and Epic have been in a legal fight since August, when Apple removed Fortnite from the App Store after Epic Games introduced a direct payment option in the app, defying the App Store rules. Epic Games promptly...
fortnite apple featured

Epic Games Denied Preliminary Injunction for Fortnite, But Apple Can't Block Unreal Engine

Friday October 9, 2020 3:40 pm PDT by
A California judge today denied Epic Games' request for a preliminary injunction that would have required Apple to allow Fortnite back into the App Store, which means the app will continue to remain unavailable on Apple's iOS platform for the duration of the legal battle between the two companies. While the Fortnite app for iOS devices will not be reinstated into the App Store, Epic did...