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This definitely means Fortnite is coming back to the App Store.
Apple is making plans to open up their devices to both third party app stores, and sideloading.
This comes after the company fought EU regulation from forcing them to do this. The Digital Markets Act, entered into force last November 1, 2022, and becoming applicable starting May 2, 2023, includes a broader host of regulations and rules that tech companies will have to abide by to continue doing business in Europe.
While these EU rules are really only enforced in the context of the European single market, in many cases the tech companies will go forward and follow the rule worldwide. For example, Apple already conceded to the change that requires them to adopt USB-C as the universal charging standard, already used in Android, Linux, and Windows based devices.
For the provisions relevant to this change in how Apple deals with outside apps and programs, the Digital Markets Act says on provision 40 that “The ability of end users to acquire content, subscriptions, features or other items outside the core platform services
of the gatekeeper should not be undermined or restricted.”
On the matter of sideloading apps, provision 50 states that “To ensure contestability, the gatekeeper should furthermore allow the third-party software applications or software application stores to prompt the end user to decide whether that service should become the default and enable that change to be carried out easily.”
This will be a more radical change to Apple’s business model, and may affect the way other platforms do business as well.
As things stand, Google has for years allowed sideloading of APKs, and their rules for Android devices have not banned OEMs from putting their own app stores in Android devices. Huawei even goes as far as to install only their own Harmony OS into their phones and tablets, without Google’s Play Store or their other services.
Microsoft, on its own part, has adapted Windows 11 to allow APKs to be installed on devices that use the new operating system.
However, days after Microsoft adopted APKs, Google introduced a new application format for their platform, called Android App Bundle. Google now requires new Android apps on their platform be developed on this format. They later made concessions to let older APK based apps continue to work on the app store, but for the most part, Google seemingly made changes to attempt to close off their market before this regulation came.
Video game consoles may also be forced to open themselves up to sideloading and third party stores by the Digital Markets Act, though that hasn’t been fully established.
If there’s any game company that would immediately clearly benefit from this new regulation, however, it would be Epic Games.
Around two years ago, Epic tried to get around Apple’s and Google’s rules by starting to sell V-Bucks from the Fortnite application itself. Both store owners promptly removed Fortnite from their stores, and Epic sued both for the right to do so.
Their Apple lawsuit ended with neither company coming out a clear winner, but given this outcome from the EU, Epic may not have to pursue further litigation anymore. It may not be all that long before Fortnite returns to the Apple App Store, with V-Bucks available in app.
For those curious, you can read the full text of provisions 41 and 50 of the Digital Markets Act below.
41)
The ability of end users to acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, a situation should be avoided whereby gatekeepers restrict end users from access to, and use of, such services via a software application running on their core platform service. For example, subscribers to online content purchased outside a software application, software application store or virtual assistant should not be prevented from accessing such online content on a software application on the core platform service of the gatekeeper simply because it was purchased outside such software application, software application store or virtual assistant.
(50)
The rules that a gatekeeper sets for the distribution of software applications can, in certain circumstances, restrict the ability of end users to install and effectively use third-party software applications or software application stores on hardware or operating systems of that gatekeeper and restrict the ability of end users to access such software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions can limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. To ensure contestability, the gatekeeper should furthermore allow the third-party software applications or software application stores to prompt the end user to decide whether that service should become the default and enable that change to be carried out easily.
Source: Video Games Chronicle
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