Apple has accused Epic Games of seeking a free ride as the games company asks a court to permit its apps to be sideloaded onto iPhones with no commission to the Cupertino company.
The accusation was made after an Australian court indicated it was likely to rule that Apple must permit sideloading – but with details yet to be decided …
A quick recap
Epic Games was thrown out of Apple’s App Store rules by introducing its own in-app payment system, bypassing Apple’s 30% commission – a blatant breach of Apple’s rules.
In the US, the two companies went to court and Apple mostly won – but the judge ruled that the company must allow developers to make in-app sales through their own channels without the iPhone maker taking a cut. Apple responded by declaring that it would continue to demand commission even on sales made outside the App Store. Epic returned to court to fight this, and the judge confirmed that Apple lied under oath, was flouting her ruling, and must comply. She’s even referred the matter for criminal investigation.
Fortnite did indeed return to the US App Store and quickly became the top free game, though with Apple vowing to continue the fight.
The battle continued in other countries, including Australia. Epic Games mostly won in that case, although Apple described the ruling as harmful. The court has not yet decided what remedies to order, and the two sides have been making their respective pitches for these.
Apple says Epic Games is seeking a free ride
While the court accepted that the App Store offers privacy and security benefits, it indicated that Apple was not entitled to block sideloading of apps should iPhone owners wish to do this. Epic Games is now asking the judge to require Apple to permit sideloading without any commission payable to the Cupertino company.
Apple says that this is inconsistent with the court’s finding that the company is entitled to charge developers for use of its intellectual property.
“Epic is now asking to free ride on Apple’s platform and dismantle every safeguard we’ve put in place to protect users and developers — a request that goes well beyond the Court’s ruling. We will continue to seek an outcome that respects our intellectual property and protects the safe, secure experience consumers and developers expect from our platform.”
The iPhone maker continues to argue that allowing sideloading will remove protections against harmful apps and expose users to risks that include scams, privacy threats, and malware that could compromise their devices.
9to5Mac’s Take
The court has already found broadly in favor of Epic, so Apple’s continued protests about the safety and security of the App Store seem more aimed at swaying iPhone owners than persuading the judge.
However, while sideloading seems likely to be permitted, Apple does appear to be in a good position to argue that it must be in some way compensated for apps sold directly to users.
The company’s suggestion that sideloaded apps could compromise the security of iPhones seems less convincing. In the EU, the company continues to review apps before they are offered through third-party app stores, and iOS has robust sandboxing and security measures in place. Mac users have been able to sideload apps forever, but malware is still relatively rare thanks to the protections built into macOS, with the bulk of it seemingly attributable to people downloading apps from pirate sources rather than direct from developers.
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