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  • (upbeat music)

  • - On August 13th,

  • one of the biggest games in the world

  • disappeared from the App Store.

  • Fortnite had implemented its own in-app payment system,

  • bypassing Apples in house payment network

  • and violating the App Store's rules.

  • But when Apple followed through on its policies

  • and kicked Fortnight off the store,

  • the company got a big surprise.

  • Fortnight had a 65 page lawsuit

  • set to file as soon as they got banned,

  • complete with an extended video

  • parodying Apple's iconic 1984 commercial.

  • - [Announcer] Ooh yes,

  • they have given us their songs,

  • their labor,

  • their dreams.

  • - Epic set a trap,

  • and Apple walked right into it.

  • Epic pulled the same trick on Google too.

  • So, it's gonna be taken on both major App Stores at once,

  • but there's way more at stake here

  • than just Fortnight.

  • With the App Store,

  • Apple revolutionized the way we distribute software

  • to mobile devices.

  • Google followed that model on Android.

  • And the two companies have been at the center

  • of mobile software distribution ever since.

  • It's an incredibly powerful position to be in

  • maybe too powerful.

  • But to really understand how that power works,

  • you gotta look at the big picture.

  • 25 years ago,

  • if you want to buy this hot new game called Doom,

  • you had to go to the mall

  • and get a physical cardboard box

  • with the game inside it.

  • You got it at a regular store that looked like this.

  • And that store was probably charging

  • a regular retail markup of around 50%.

  • Add in the cost of physically fabricating the boxes

  • and shipping them out to all the malls all across America.

  • And the share that was going to developers

  • was actually pretty small.

  • Fast forward to 2020,

  • and if you wanna buy this hot new game called Doom,

  • you go to an online portal like Steam

  • or the PlayStation store,

  • which will usually take 30% of whatever you're paying.

  • The way those portals see it,

  • it's a great deal compared to how we used to do things.

  • They're taking a smaller cut

  • and because it's all digital

  • publishers have to spend a lot less money

  • getting out their prop.

  • Apple basically made this shift happen,

  • and it's a huge part of the legacy of Steve Jobs.

  • - What we're gonna solve that problem for every developer,

  • big to small,

  • and the way we're gonna do it

  • is what we call the App Store.

  • - It's made it easier and cheaper for developers

  • to get their work out

  • and resulted in tons of new options for iPhone users,

  • as Apple sees it that's well worth the 30%

  • and Tim Cook made this exact point

  • at the Tech Antitrust hearing in July,

  • when he was asked about the so-called Apple tax.

  • - So to zoom out and to give you some historical context

  • on this,

  • when we entered the App Store market,

  • the cost of distributing software was 50 to 70%.

  • And so we took the rate in half

  • and to 30% and we've held it

  • in that same level over time or lowered it.

  • - But what are these stores actually doing

  • to earn their 30%.

  • Back in 1995,

  • electronics boutique had to cover rent,

  • employee salaries and inventory management.

  • But the only real expense for the App Store

  • is vetting the games and keeping the servers running.

  • There were $50 billion in App Store sales in 2019,

  • which means Apple brought in around $15 billion in revenue,

  • just from the App Store,

  • maintaining the digital store only costs a fraction of that.

  • It gets even trickier,

  • now that most software isn't a onetime purchase,

  • instead of buying Photoshop once

  • you're paying a little bit each month.

  • Free to play games like Fortnite

  • have become hugely popular,

  • making money off a virtual items sold within the app.

  • Apple takes its 30% on subscriptions

  • and in app purchases too.

  • But with so many services existing

  • across multiple platforms,

  • it leads to some really strange situations.

  • Right now you can't buy a book on the Kindle app.

  • You have to buy it on the web

  • and then read it on the app

  • just because they don't wanna pay Apple's extra slice.

  • The same goes for Spotify,

  • which you used to allow purchases from within the app,

  • but would charge an extra $3 just to cover Apple's cut.

  • Wherever they can,

  • developers are moving the point of sale off of Apple devices

  • just to avoid Apple's transaction fee.

  • Suddenly that 30% starts to look an awful lot like attacks

  • paid to Apple for the privilege

  • of distributing software to Apple devices.

  • Apple controls the platform,

  • you can't put software on an iPhone without them.

  • So, if you wanna play on their platform,

  • you gotta pay the tax.

  • At least with portals like Steam or the Epic games app,

  • you can shop around between stores,

  • but for iOS devices,

  • the App Store is the only game in town.

  • There's no jail breaking,

  • no side loading,

  • you pay the 30% or you can't be on the iPhone.

  • This is where Epic's lawsuit comes in.

  • Epic is accusing Apple of violating the Sherman Act

  • saying the company unlawfully maintains

  • a total monopoly in the iOS app distribution market.

  • That might sound weird.

  • Of course, Apple has a monopoly over Apple products.

  • But there are enough third party developers on the App Store

  • that it's a serious charge.

  • The way Epic paints it,

  • you can't make iOS software,

  • if you're not on the App Store

  • and you can't be on the App Store,

  • if you don't use Apple's in-app payment system.

  • The payment system is important

  • because that's where the 30% tax gets collected.

  • So, if Epic were able to use its own payment system,

  • like it tried to do,

  • it would be able to get around the tax.

  • Crucially Epic isn't asking for any money here.

  • Instead, they're asking for the judge to enjoin Apple

  • from continuing to impose its anti-competitive restrictions

  • on the iOS ecosystem.

  • In short, they want the court

  • to break up the App Store monopoly.

  • Spotify is already weighed into uproar the lawsuit,

  • saying, Apple's unfair practices

  • have disadvantaged competitors and deprived consumers

  • for far too long.

  • The interesting thing is,

  • Apple already makes exceptions to that rule

  • when it wants to.

  • In April Amazon's video apps started to allow Prime rentals

  • through its own payment system,

  • that is without paying the Apple tax.

  • It was the exact same thing Fortnite had tried to do,

  • but this time Apple let it happen.

  • At the time the company said

  • it was because of a program for premium video rentals,

  • but really it was just that Amazon was powerful enough

  • to set its own terms.

  • There were enough Prime Video members

  • with iPhones and iPads and Apple TVs

  • that Apple is willing to bend the rules a little bit.

  • Android is supposed to be more open than that,

  • but Epic says they had the same problem,

  • Epic actually to make a go of it outside the Play Store,

  • offering a side load only version of Fortnite for Android,

  • but in practice almost all Android downloads in the US

  • still come through the Google Play Store.

  • Not even Fortnite was enough to convince Android users