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Microsoft is siding with Epic Games in the legal battle against Apple’s App Store “tax,” arguing in a new legal brief that Apple has “stymied” Microsoft’s planned launch of an Xbox game store.
A year ago, Xbox President Sarah Bond announced an Xbox mobile store that would host games like Call of Duty: Mobile, Candy Crush, and Minecraft. It was supposed to launch in July, but we’re still waiting. New court documents suggest Apple is the problem.
As The Verge reports, Microsoft filed a brief in support of Epic Games, which recently secured a victory against Apple when a court forced Apple to allow developers to link out to third-party payment systems (and avoid paying that 30% in-app purchase tax to Apple). Apple is appealing the decision, but Microsoft is urging the judge to keep it in place.
“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,” the brief says. “And that is what Microsoft wants to do. But even this solution has been stymied by Apple.”
Technically, Microsoft is free to launch its own Xbox mobile store, but it’s clear the company is hesitant to go all-in given the decision could be reversed. The document notes, “Microsoft’s own experience managing app stores confirms that Apple’s policies could be restored if Apple ultimately prevails on appeal.”
An answer is expected for that appeal by May 28. If Apple fails, Microsoft might spring quickly into action to get its mobile storefront ready for iPhone and iPad. It’s unclear how much development has gone into it at this point.
Yesterday, Apple restored Fortnite on the App Store, almost five years after it was removed when Epic Games tried to include alternative payment methods within the game.
