or do apple's TOS break the laws? thats why there is a lawsuit about this
Didn't Epic even file for an injunction to stop them doing exactly this, and were denied? (the court just prevented apple from also applying it to the engine)
- Epic Games controls Fortnite
- Epic SARL controls the Unreal Engine dev work on macOS/iOS
- Epic SARL also collects direct international payments for the developer-agreement infringing version of Fortnite
In an ideal world, Epic Games should be banned for the duration of the trial, Epic SARL should be ordered to direct all revenues from the infringing Fortnite version into an escrow account (or at least provide the court with ongoing accounting so the court can issue damages, if necessary), and Epic SARL should be allowed to continue operating as normal.
Separately, if Apple prevails in the court, Apple should be allowed to ban Epic SARL as well. If Epic marketed iOS publishing as a feature of their engine, it's Epic's responsibility to deliver that feature to their customers; Apple should only be responsible for allowing the customer to publish with an app that uses any engine, not the Unreal Engine specifically.
I think it's possible that the judge allows Apple to ban Epic SARL based on this alone. The original justification was that they were two separate entities and only one breached its agreement. If Epic SARL is making money from the infringing version of Fortnite then it's involved in the breaching conduct as well.