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by giovannibajo1 2130 days ago
I think they just went through applying the agreement, which says that the account will be terminated in the specific case of willingful infringement/circumvention. If they had not tried to apply it, it would have been hard to prove to the judge that they always apply the agreement to the letter, which is an important part of this lawsuit (they need to prove that the rules are clear and equally enforced — something that they know it’s not always happened).

Since Epic has 2 different accounts, Apple could have terminated only one of them, leaving Unreal Engine intact. But Schiller’s declaration says that in these cases they have always terminated all accounts that are owned by the same company / conglomerate (I can easily see this is useful in some cases). So again I feel they were in a corner: they had to follow what they have always done, so that other companies couldn’t prove a ad-hoc enforcement of rules (termination rules, in this case).