Thread by @PatrickMcGee_

Apple counter-sues Epic -- 1/many. *thread from doc* @Apple @EpicGames

"Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store."

Epic 'rakes in billions by taking commissions on game developers’ sales and charging consumers up to $99.99 for bundles of “V-Bucks.”'

"Epic has taken advantage of Apple’s support and services more than any other app developer for the past two years..

Fortnite has used 400+ of Apple’s unique API frameworks and classes (such as Metal), as well as five different versions of Apple’s Software Development Kit (SDK)"

"Each time Epic released a new season of Fortnite, Apple put it in the spotlight, providing free promotion and favorable tweets, ultimately sending over 500m marketing communications ... and even paying for a billboard in Times Square"

"When Apple rejected Epic’s request for a special deal, rather than abide by its long-running contractual agreements pursuant to which it has earned over $600 million, Epic resorted to self-help and subterfuge."

"Unbeknownst to Apple, Epic had been busy enlisting a legion of lawyers, publicists, and technicians to orchestrate a sneak assault on the App Store."

"In keeping with its self-serving narrative, Epic attempts to recast Apple’s conduct as “retaliation.” But the exercise of a contractual right in response to an open and admitted breach is not “retaliation”; it is the very thing to which the parties agreed ex ante."

"Apple is not a monopolist of any relevant market... For devices, platforms, and individual apps. Fortnite users can dance their Floss, ride their sharks, and spend their V-Bucks in no fewer than six different mobile, PC, and game-console platforms."

"That Apple wishes to continue curating its own App Store—rather than outsource the safety and security of Apple’s users to Epic—should come as no surprise, and it ensures that iOS apps meet Apple’s high standards for privacy, security, content, and quality."

"There is nothing anticompetitive about charging a commission for others to use one’s service. Many platforms—including Epic’s own app marketplace and Unreal Engine—do just that"

Ouch: "Epic’s intention is thus straightforward: It seeks free access to the Apple-provided tools that it uses and—worse yet—it wishes to then charge others for access to Apple’s intellectual property and technologies."

"This Court should hold Epic to its contractual promises, award Apple compensatory and punitive damages, and enjoin Epic from engaging in further unfair business practices."