Now that Fortnite is back on iOS with Apple’s approval of the game, Microsoft is jumping in to try to extend its ability to sell games on the platform through its Xbox app.
Microsoft on Tuesday filed an amicus brief in district court in support of Fortnite publisher Epic Games, saying that Apple has «stymied» its efforts to sell games through its mobile Xbox app on iOS.
The brief reads, in part:
The district court’s injunction allows Apple to maintain its in-app exclusivity but at least should have enabled Microsoft to offer consumers a workable solution by launching its own online store — accessible via link-out — for in-app items to be purchased off-app and used in games or other apps. And that is what Microsoft wants to do. But even this solution has been stymied by Apple. Prior to the district court’s most recent order, Microsoft had been unable to implement linked-out payments (or even inform customers that alternative purchase methods exist) because of Apple’s new anti-steering policies that restrict Microsoft’s communication to users and impose an even higher economic cost to Microsoft than before the injunction. The lack of a functioning in-app link has significant effects on the discoverability and viability of Microsoft’s online store.
Microsoft announced in April that it would offer the option to buy games and Game Passes through its app, but apparently those changes have not gone smoothly. Apple was rebuked for not following a 2021 injunction, which also led to a class-action lawsuit from developers filed this month.
The Xbox maker has also been trying to add the ability to stream games through its app, but has so far been unsuccessful in getting a version with that feature approved.
The company didn’t offer a comment to CNET. It shared a copy of the brief, though, and pointed out passages that urge the court to enforce the injunction against Apple to serve «increased choice, innovation, and competition» for users and that maintain that forcing Apple to restore competition «will increase consumer choice without harming user security and privacy.»
Microsoft is also noting in its brief that changes Apple makes can be reversed should the company win a judgment down the road: «Apple makes no argument that the technical or policy changes cannot be undone — e.g., after a successful appeal — and Microsoft’s own experience managing app stores confirms that Apple’s policies could be restored if Apple ultimately prevails on appeal.»
A representative for Apple didn’t immediately respond to a request for comment.
More briefs, more pressure on Apple
In an email to CNET, Epic Games shared three more amicus briefs that have filed in support of its fight against Apple: from Spotify, which has been fighting Apple on changes to its own app, the trade organization Digital Content Next and one filed by a group called Civil Procedure and Antitrust Professors.
Apple is expected to continue fighting, but the number of players involved who also want their apps to be able to bypass Apple’s fee structure for in-app purchases and subscriptions may keep growing.
«It’s going to be a problem for them,» said Jason Frankovitz, director of software class actions at Quandary Research. «Now that Epic has this victory, everyone else who has content to sell… it’s going to be pigs at the trough.»
«My hunch is that Apple is going to fight this tooth and nail,» he said, «With everything that Apple has produced for literally over 40 years now, they’ve only briefly flirted with the idea of having open platforms.»
Frankovitz said that Apple will argue in favor of reversing its 2021 injunction on multiple fronts, including arguments over the technological feasibility of making App Store changes, the competitive disadvantages it might pose for the company and whether or not the requirements are legal.
On the technological side, at least, the company’s arguments «are largely just blowing smoke,» Frankovitz said.
«Apple has the ability to integrate with anyone they want… very few companies in the world have the ability to do it as quickly as Apple does,» he said. «They will probably have more success arguing on the legal, financial or regulation side. I don’t think Apple is going to get very far on technical arguments.»