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by dstaley 2138 days ago
> I just follow the rules in my TOS and block them like I do others who don't follow the TOS

I'm fairly sure Apple doesn't terminate the developer account simply for failing an app review. I think this is a specific executive decision based on the fact that Epic is unlikely to rectify the issue, which could be seen as retaliation.

2 comments

For failing app review? Apple would certainly be in the wrong for deleting Epic's accounts.

This was explicitly not a case of a failed app review. Epic rolled out their direct-purchase option with a server-side update (specifically to side-step Apple's rules), which falls afoul of Apple's developer agreement in two ways -- it would be classified as misrepresentation of the app as well as an attempt to mislead Apple during its app review. Apple reserves the right to block updates (which they haven't done _yet_, as Epic hasn't submitted any updates), delist the app (which they have done), remove the developer's account to block updates, and to blacklist the app entirely (eg: the app will stop working even if users already have it downloaded).

That's what's in the Developer Program License Agreement though:

Section 11.2 Termination, subsection (f):

> (f) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, including, but not limited to, misrepresenting the nature of Your submitted Application (e.g., hiding or trying to hide functionality from Apple’s review, falsifying consumer reviews for Your Application, engaging in payment fraud, etc.).

In this case Epic hid functionality from Apple's review, with the intent to bypass further rules in the Developer Program License Agreement.

Apple is allowed to terminate the agreement at that time.

Sorry, to clarify, I wasn't trying to imply that what Epic did wasn't against the TOS. My point was that Apple has the authority not to terminate Epic, but has chosen to do so, even when they've allowed other apps that have done things against the TOS to retain their developer account.
There's a way to cure a breach in the license agreement, and other developers that have run afoul of the rules and were notified made fixes that brought them back into compliance with the agreement.

Epic has made it particularly clear that they do not intend to cure the breach, and Apple has made it clear that in that case they are not welcome to have an Apple Developer Program account and the permissions that grants a user.

I think we're on the same page here. Are you saying that the application of Apple's TOS can't be considered retaliation since it's something Epic agreed to be held to?