Bulletins

Apple blocks Epic from bringing Fortnite back to the App Store

Apple blames Epic's breach of contract and the ongoing appeals process for not reinstating the company's developer account.

A grayscale screenshot of Fortnite characters from Epic's "Nineteen Eighty-Fortnite" video

Apple tells Epic it won't reinstate its developer account until the Epic v. Apple appeals process concludes.

Image: Epic Games

Epic won't be able to bring Fortnite back to the iPhone, even if it agrees to play by Apple's standard developer rules and restrictions, according to Epic CEO Tim Sweeney. The reason: Apple has "exercised its discretion not to reinstate Epic's developer program account at this time," according to an email sent by Apple counsel to Sweeney that the chief executive has since posted to Twitter. And it won't consider a request to do so until the "district court's judgement becomes final and unappealable."


"Apple lied," Sweeney said. "Apple spent a year telling the world, the court, and the press they'd 'welcome Epic's return to the App Store if they agree to play by the same rules as everyone else.' Epic agreed, and now Apple has reneged in another abuse of its monopoly power over a billion users." As proof of Epic's willingness to abide by the developer program's rules, Sweeney posted an email sent to App Store chief Phil Schiller laying out Epic's intentions.

"If we get the account back, we'll bring Fortnite back to Mac as soon as possible, and we'll reincorporate Fortnite for iOS in our Unreal Engine development and testing process, which will benefit all of our mutual developers," Sweeney wrote in the email to Schiller. "Whether Epic chooses to bring Fortnite back to iOS consumers depends on whether and where Apple updates its guidelines to provide for a level playing field between Apple In-App Purchase and other methods of payment."

Sweeney was expressing concern about the Epic v. Apple verdict, which has forced Apple to allow developers to advertise and link to alternative payment options within mobile apps, and whether Apple would "adhere to the language of the court" and "allow apps to include buttons and external links that direct customers to other purchasing mechanisms without onerous terms or impediments to a good user experience."

The court did not suggest any one solution here, only striking from Apple's developer terms the guideline prohibiting the linking out to third-party payment options. And because Epic appealed the ruling, it's not clear whether Apple will have to comply in the 90-day deadline set forth by the judge's ruling. As it stands right now, Apple has yet to update its guidelines, and there isn't any agreed upon pathway for apps on iOS to begin advertising their own payment options on the web through links, buttons or other forms of in-app advertising. Sweeney, however, made clear in his email to Apple that Epic intended to republish Fortnite so it could advertise its own payment option within the app alongside Apple's system.

That said, in a Sept. 10th statement sent to the press, Apple said, “As we've said all along, we would welcome Epic's return to the App Store if they agree to play by the same rules as everyone else. Epic has admitted to breach of contract and as of now, there's no legitimate basis for the reinstatement of their developer account."

Apple did not respond to Sweeney's concerns about the eventual implementation of the court's verdict. But it did sent a reply through its legal team. According to Apple's email, the iPhone maker points to Epic's "intentional breach of contract, and breach of trust" it committed by updating Fortnite in August of 2020 to include an alternative in-app payment system, the act that got Fortnite kicked off the iPhone and resulted in Epic's antitrust lawsuit against both Apple and Google.

Apple cites "Epic's duplicitous conduct" as another reason why it feels empowered not to reinstate the company's developer account, a necessary step in allowing Epic to republish apps on Apple's storefronts. It's unclear how long the appeals process will take, but Sweeney suggests it could be as long as five years.

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We know there’s no such thing as a free lunch. Still, the idea that many corporate benefits aren’t always a benefit recently touched a nerve on Twitter.

“Been thinking about anti-perks in tech jobs. What perks *sound* good but are a hard no from you?”

The tweet came from Jessica Rose, a developer relations advocate, founder of a meetup series for programmers and aspiring programmers and co-founder of Trans*Code, a hacker org devoted to drawing attention to transgender issues and opportunities.

Rose’s “hard no” was to those so-called benefits that have been around since time immemorial (or at least since the dot-com era). “Don't give me food or hammocks or video games, just let me work remotely or go home on time,” said Rose.

'Don’t touch me'

The tweet thread was full of varied responses, but the paradox of unlimited vacation was the clear favorite. “Wow, people are just so suspicious about unlimited paid time off,” Rose told Protocol when we caught up with her to ask about the tweet.

Other workers balked at in-office massages (“don’t touch me”), free booze, open-plan offices (did anyone in the history of the world ever call this a benefit?), fitness rooms, nap rooms, escape rooms (really any rooms), and something called “blameless retrospectives.” Um, what?

If employees are going to be suspicious of whatever perks you offer, why offer any perks at all?

“So I'm aware of how wonderfully spoiled it is to complain about perks being given out in some kinds of tech workplaces,” said Rose. “I'm the most unimpressed by ‘perks’ which either directly undermine employment rights (like unlimited paid time off can do in some regions) or are intended to throw work/life balance out of kilter in the workplace's favor.”

Unlimited or flexible vacation time can work, but it helps when the culture is one where people are encouraged to take time off and experts agree that mandatory minimums go a long way in helping create that kind of culture.

Your best interests or mine? Why can’t it be both? ¯\_(ツ)_/¯

A director of engineering at Google who formerly worked at Microsoft and Zillow called employer-sponsored coaching an anti-perk. “I’ll spring for a coach who is looking out for my best interests, not the company’s, thanks,” she said, adding, “I know I am lucky to be offered this, but it always feels like a trap.”

There’s good reason to be at least a little wary of these programs. Last year Protocol reported that when tech companies work with coaching programs like BetterUp and Bravely the conversations themselves are confidential, but the company often receives aggregated reports on the issues workers are expressing in general, the topics they’re discussing, what's going well for them at work, and what's not.

When Protocol spoke to Twilio’s VP of talent management Andrew Wilhelms about the company's coaching partnership, Wilhelms explained that BetterUp provides a set of Twilio-specific priorities to coaches and Twilio can update those priorities and goals based on what kind of culture change the company needs to see.

This might feel overly controlling, or it might be a great way to help change a company’s culture for the better, especially if a majority of employees are feeling stressed and burned out and are more likely to tell this to a coach than their manager. Twilio told Protocol that 99% of the employees who used the coaching service last year said the sessions were a valuable use of their time, and that 94% said the sessions made them more effective at their job.

“Thoughtful, meaningful perks can benefit both employers and team members, by helping keep their team members happy and hopefully keep them in their role for longer,” Rose said.

Free SunChips < values-based work culture

Research shows that today’s employees don’t want snacks as much as they want work that aligns with their values, and that extends to benefits.

  • “I love work perks that demonstrate an employer's ethics and commitment to meaningfully supporting their team members,” said Rose.
  • These benefits can include big structural benefits like location-agnostic pay and support for different kinds of employee leave, but also smaller things like “sending people a small bonus on their birthday to buy a cake,” Rose added.
  • Rose also looks for “employers who don't subcontract out cleaning or security staff, to make sure that all of their team members get access to the same kinds of pay and support.”

What your 'perks' say about your corporate culture

Some “anti-perks” are just common decency and respect, such as believing your employees are telling the truth when they call in sick. In response to Rose’s prompt, one senior system admin pointed out a job listing that offers an “honor-based sick leave policy” in addition to its “commitment to an open, inclusive and diverse work culture.”

And think twice about listing your game room in your job description, tweeted a product designer from Miro:

“When they advertise a ping-pong table in the job listing, it's a huge 🚩 for me. And I love ping-pong. If a silly perk like this [is] such a relevant part of your benefits package, that says a lot about what the company values, and likely its culture."

A version of this story appeared in Protocol's Workplace newsletter. Sign up here to get it in your inbox three times a week.

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Apple called its employees back to the office as the company’s three-day-per-week hybrid schedule finally began in early September. Many tech companies have eased up on requiring office work, making Apple somewhat of an outlier when it comes to RTO.

Another outlier, Google, has been in hybrid mode since April, reportedly leading to outbreaks of COVID-19 at the office. Yet for all the talk about Google’s three-day-a-week RTO policy, two workers who spoke to Protocol anonymously say it’s not much of a mandate. An employee and a contractor both told Protocol that the hybrid policy doesn’t seem to be imposed across the board.

“The impression I have is that it’s basically not enforced,” the employee said. The Google contractor said attendance varied across different teams, noting that while some of their teammates go to the office three days a week, most only go in once. (Neither Google nor Apple returned emails inquiring about how their hybrid policies are enforced.)

Sundar Pichai’s plan to make Google “20% more efficient” may lead nervous workers to choose to go to the office more often. (An August survey found that CBRE tenants were “evenly split” on whether a recession would drive more workers to the office out of anxiety for their job security.)

As of now, most companies’ hybrid requirements are only enforced as a “very soft mandate,” said Brian Kropp, distinguished VP of research at Gartner. About half of companies with a hybrid mandate are tracking office attendance, Kropp said, but even those that are doing so “have no real plans to fire people for not coming to the office, as long as they’re getting their work done.”

More than 40% of HR leaders surveyed by Gartner last month said they weren’t tracking office attendance. Thirty-five percent said they were gathering attendance data from key fob or badge swipes, while 22% said managers were tracking their teams’ attendance. Another 10% said employees were self-reporting their attendance.

Companies that selectively enforce attendance requirements may wind up with unfair outcomes, Kropp said.

“If you have a mandated set of days where you have to come to the office, but it’s unevenly enforced across the company, then you run into issues of fairness,” Kropp said. “That just creates more variability across the company, which then creates more risk as well in terms of that inconsistency.”

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To run high-performing teams in a flexible environment, managers need to be “half social worker, half engineer,” Kropp said. That means more empathy and more capacity for planning and organization.

While companies may seem settled into their hybrid ways of working, many leaders are leaving policies open to change with time rather than overcommitting themselves. The world is unpredictable, as we’ve learned in the last 2.5 years. “A lot of these executives — the way that they’re framing it now is, ‘This is our hybrid strategy for now, and it could evolve and could change,’” Kropp said.

Amazon falls into that category. As Andy Jassy put it at the Code Conference on Wednesday, Amazon doesn’t have a plan to force employees back to the office: “We’re going to proceed adaptively as we learn.”

A version of this story appeared in Protocol's Workplace newsletter. Sign up here to get it in your inbox three times a week.

If you truly want to gauge a company’s culture before accepting a job offer, you have to become a bit of a sleuth. A journalist, even. Troll Blind and Glassdoor. Browse LinkedIn for current employees who seem trustworthy, or former employees who seem not to have an agenda.

But not everyone has the time to investigate companies in this way. Instead, they may rely on company-sponsored chats with current employees.

  • Ian Royer, a public relations specialist with Amazon Canada, took Amazon up on its “Candid Chats” program that connects candidates with members of employee resource groups.
  • He was on a mission to determine whether he fit with Amazon’s culture. “I am at a point in my career where when I do interviews, I interview for my fit, not the company,” Royer said.
  • Royer spoke with representatives from Amazon’s Black Employee Network and LGBTQ group Glamazon after encouragement from his recruiter. Those conversations ultimately won him over.

Steve McElfresh, founder of HR Futures, said it’s worth it for employers to offer to connect candidates with current employees. The more information, the more helpful to candidates. Still, it’s impossible for company-sponsored candidate-employee chats to be completely candid. Those chats are not entirely trustworthy.

  • “In most cases you’ve got to assume they’re using a stable of people who are prepped and primed to be positive about the company,” McElfresh said. “There’s nothing fundamentally wrong with that, but I think you've got to take it with a grain of salt.”

For those who want to connect with employees on their own, scouring LinkedIn and similar sites might be the best option. Professional platform Candor, a new startup trying to be the “more authentic LinkedIn,” was built with job sleuthing in mind.

  • “Especially in a remote world, it's so hard to figure out and so hard to get to know people and know if that culture fit is going to be there at your next opportunity,” said Candor founder Kelsey Bishop.
  • Candor profiles look kind of like corporate mood boards, with descriptors like “my core values,” “teammates that really inspire me” and “things that motivate me.” Bishop said the service is meant for casual networking, and to help people suss out the working styles of their potential future co-workers.

Bishop added that anonymous platforms can quickly turn toxic, hence Candor’s model with private profiles. But without anonymity, how candid will someone really be?

  • “As a candidate, you have to dig beyond what’s publicly available,” McElfresh said. “I would certainly be looking for more of the anonymous material.”
  • On the other hand, you can’t verify the identity, and therefore validity, of anonymous reviews. “The problem with anonymous material is you get the extremes,” McElfresh said. “You get people who are clearly unhappy, resentful and are almost assuredly overrepresented.”

The most prepared candidates will do all of the above. Just perusing Glassdoor or talking to one company-sponsored employee won’t give you the full picture. You’ve got to really do your research to figure out the fit.

A version of this story appeared in Protocol's Workplace newsletter. Sign up here to get it in your inbox three times a week.

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Government warnings about viral online fads may come too late to be effective. The NyQuil chicken challenge resurfaced in January after starting as a joke on 4chan in 2017.

  • In June, the FDA warned of the dangers of keeping avocados fresh by placing them in water. That video was popular a couple years ago.
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  • But the fact that the FDA and other government agencies need months — even years — to identify and warn people about dangerous viral trends defeats the purpose of the warning. Once the alert comes around, the damage may have already been done.
  • The way in which the FDA responds to harmful viral videos might not be that effective anyway: The ones making the posts go viral — kids — probably aren’t following government alerts, Blevins said. “I would really encourage these agencies to think about being a little more creative in how they respond,” he said.
  • The FDA could post TikToks or poke fun at the absurdity of cooking chicken with NyQuil while also explaining the harms, for example. (The FDA didn’t immediately return a request for comment.)

It’s not just the government; pediatricians, schools, and other organizations are aware of the dangers of social media trends and are trying to catch on to them quickly. But word spreads fast, and in order for the government’s warnings to be effective, they need to happen sooner.

A version of this story appeared in Thursday's Source Code. Sign up here to get it in your inbox each morning.

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Bulletins