You don't have a duty to hire in USA, but you can still get in trouble for illegally firing someone for the wrong cause. Same applies here, this isn't rocket science.
Right, the major difference being that Epic is not an employee of Apple and thus cannot benefit from employment law. The terms of their relationship is governed by contract law, and now the DMA.
DMA, Apple can't just retaliate for Epic complaining about them, this doesn't mean that Apple is forced to deal with everyone they are just banned from retaliating for certain things:
> 6. The gatekeeper shall not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the relevant Union or national law by the gatekeeper with any relevant public authority, including national courts, related to any practice of the gatekeeper. This is without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use of lawful complaints-handling mechanisms.
I am not 100% certain that would apply here, but if the DMA doesn't protect against these things then I am pretty sure that EU will plug that hole to ensure gatekeepers can't retaliate unfairly.
Even if the "hole" is plugged you'd have to prove in court you were being retaliated against. Vibes are not going to be enough. You'd need a decision maker's e-Mail saying "you know what, fuck Epic cancel their account". Without that smoking gun all Apple needs to do is show all the instances of Epic violating their contract. Same if they canceled your account because of violations.
Here it is easy since Apple admitted to it. Them bringing up all of Epics recent criticism of them here works against them, it is like talking a lot about someone's race when you fire them, that doesn't look good in court even if you also gave another reason. For example firing someone with the reason "He was a lazy black guy" could be read as you firing him for being lazy, but I doubt courts would see it that way.
Holy shit what hyperbole. Apple asked for a realistic assurance Epic wasn't entering into a bad faith agreement. Epic decided they couldn't do that so Apple terminated their account. Pretending Epic is a faultless victim is just ludicrous. Not only have they previously violated the developer agreements they've given every indication they're incapable of entering any good faith agreement with Apple.
They've been throwing tantrums against every company they deal with. They want to charge fees on their store and platforms. They want their IAP. But they act offended when any other company wants to charge them to be on their stores.
You should read the US ruling [1]. This is not about Epic criticising Apple.
This is because Epic did things like pushing a hidden IAP system inside Fortnite to evade review and then at a later point switching it on. This sort of thing has been forbidden since the early days of the App Store. It is a fundamental part of the Apple-Developer contract that you allow reviewers access to all functionality.
You keep repeating this, but I don’t see how it is relevant. Apple’s rules are not relevant anymore under the DMA. Under the DMA, companies are allowed to set up alternative app stores period. It doesn’t matter if they violate Apple’s App Store rules prior. The point of the DMA is exactly that you can make your own App Store that doesn’t have to comply with Apple’s rules.
I can understand that Apple wants to safeguard their platform by requiring notarization, etc. But they are playing with fire here. One outcome of misbehaving could be that the EC will require full sideloading (Android-style), so that Apple cannot sabotage third party stores anymore, like they are doing now.
