Apple terminates Epic Games developer account, calling it a 'threat' to iOS

Re:Apple terminates Epic Games developer account, calling it... by minimaxir on Wednesday March 06, 2024 @01:16PM (#39619031)

> At that point, Epic credibly threatened breach of contract.

A threat of a breach of contract is not a breach of contract, which will be a sticking point if the EU gets involved again.

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Re:Apple terminates Epic Games developer account, calling it... by JumpCrisscross on Wednesday March 06, 2024 @01:21PM (#39619116)

> threat of a breach of contract is not a breach of contract

I don’t know EU law. But anticipatory breach is enough to trigger damages under American law, and “is an excuse for non-performance by the non-breaching party” [1].

[1] https://www.law.cornell.edu/wex/anticipatory_breach

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Re:Apple terminates Epic Games developer account, calling it... by izacus on Wednesday March 06, 2024 @01:45PM (#39619494)

There's nothing about some random contracts I can see in DMA. DMA however does say that the gatekeeper (Apple) isn't allow to block or retaliate against competitors. Or users for that matter.

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Re:Apple terminates Epic Games developer account, calling it... by JumpCrisscross on Wednesday March 06, 2024 @01:50PM (#39619588)

> nothing about some random contracts I can see in DMA

There are laws other than the DMA?

(Anticipatory breach is incorporated into EU law through the UN CISG [1].)

[1] https://link.springer.com/chapter/10.1007/16247_2020_13

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Re:Apple terminates Epic Games developer account, calling it... by izacus on Thursday March 07, 2024 @03:20AM (#39626521)

And how exactly does that then allow breach of DMA provisions?

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