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Epic Games appeals last week’s ruling in antitrust battle with Apple
Fortnite maker Epic Games is appealing last week’s ruling in its court battle with Apple, where a federal judge said Apple would no longer be allowed to block developers from adding links to alternative payment mechanisms, but stopped short of dubbing Apple a monopolist. The latter would have allowed Epic Games to argue for alternative means of serving its iOS user base, including perhaps, through third-party app stores or even sideloading capabilities built into Apple’s mobile operating system, similar to those on Google’s Android OS.
Apple immediately declared the court battle a victory, as the judge had agreed with its position that the company was “not in violation of antitrust law” and had also deemed Apple’s success in the app and gaming ecosystem as “not illegal.” Epic Games founder and CEO Tim Sweeney, meanwhile, said the ruling was not a win for either developers or consumers. On Twitter, he hinted that the company may appeal the decision when he said, “We will fight on.”
In a court filing published on Sunday (see below), Epic Games officially stated its attention to appeal U.S. District Judge Yvonne Gonzalez Rogers’ final judgment and “all orders leading to or producing that judgment.”
As part of the judge’s decision, Epic Games had been ordered to pay Apple the 30% of the $12 million it earned when it introduced its alternative payment system in Fortnite on iOS, which was then in breach of its legal contract with Apple.
The appellate court will revisit how Judge Gonzalez Rogers defined the market where Epic Games had argued Apple was acting as a monopolist. Contrary to both parties’ wishes, Gonzalez Rogers defined it as the market for “digital mobile gaming transactions” specifically. Though an appeal may or may not see the court shifting its opinion in Epic Games’ favor, a new ruling could potentially help to clarify the vague language used in the injunction to describe how Apple must now accommodate developers who want to point their customers to other payment mechanisms.
So far, the expectation floating around the developer community is that Apple will simply extend the “reader app” category exception to all non-reader apps (apps that provide access to purchased content). Apple recently settled with a Japanese regulator by agreeing to allow reader apps to point users to their own website where users could sign up and manage their accounts, which could include customers paying for subscriptions — like Netflix or Spotify subscriptions, for instance. Apple said this change would be global.
In briefings with reporters, Apple said the details of the injunction issued with the Epic Games ruling, however, would still need to be worked out. Given the recency of the decision, the company has not yet communicated with developers on how this change will impact them directly nor has it updated its App Store guidelines with new language.
Reached for comment, Epic Games said it does not have any further statements on its decision to appeal at this time.
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Epic Games asks Apple to reinstate Fortnite in South Korea after new law
Epic Games has asked Apple to rejoin its Fortnite developer account in South Korea as the U.S. game maker plans to re-release Fortnite on iOS in South Korea, offering both Epic and Apple payments side-by-side, it said in a tweet.
Epic has asked Apple to restore our Fortnite developer account. Epic intends to re-release Fortnite on iOS in Korea offering both Epic payment and Apple payment side-by-side in compliance with the new Korean law.
— Fortnite (@FortniteGame) September 9, 2021
This request comes after South Korea passed a bill, the updated Telecommunications Business Act, in late August that will force Apple and other tech giants to let developers use their third-party payment systems.
“Epic intends to re-release Fortnite on iOS in Korea offering both Epic payment and Apple payment side-by-side in compliance with the new Korea law,” according to the official Fortnite Twitter account.
“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 said in its statement.
Epic would also have to agree to comply with Apple’s App Store Review Guidelines regarding all apps, but Epic has not consistently abided by the Guidelines, and their request of Apple does not indicate any change in Epic’s position, added Apple’s statement.
Even if the South Korean legislation, which is not yet effective, were to become law in the country, it would impose no obligation on Apple to approve any developer program account application, based on Apple’s statement.
In August 2020, Apple kicked Fortnite off the App Store after Epic introduced a direct payment system in Fortnite that violated Apple’s in-app purchase requirement. The two companies have been embroiled in a legal dispute over the Apple Store’s payment system.
Apple is changing its app policy to allow developers to link to external websites and it also has reached a settlement with Japan for allowing developers of “reader” apps to link to their own websites.
An Epic Games spokesperson did not immediately respond to a request for comment.
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Epic Games to shut down Houseparty in October, including the video chat ‘Fortnite Mode’ feature
Houseparty, the social video chat app acquired by Fortnite maker Epic Games for a reported $35 million back in 2019, is shutting down. The company says Houseparty will be discontinued in October when the app will stop functioning for its existing users; it will be pulled from the app stores today, however. Related to this move, Epic Games’ “Fortnite Mode” feature, which leveraged Houseparty to bring video chat to Fortnite gamers, will also be discontinued.
Founded in 2015, Houseparty offered a way for users to participate in group video chats with friends and even play games, like Uno, trivia, Heads Up and others. Last year, Epic Games integrated Houseparty with Fortnite, initially to allow gamers to see live feeds from friends while gaming, then later adding support to livestream gameplay directly into Houseparty. At the time, these integrations appeared to be the end goal that explained why Epic Games had bought the social startup in the first place.
Now, just over two years after the acquisition was announced, and less than half a year since support for livestreaming was added to the app, Houseparty is shutting down.
The company didn’t offer any solid insight into what, at first glance, feels like an admission of failure to capitalize on its acquisition. But the reality is that Epic Games may have something larger in store beyond just video chat. That said, all Epic Games would say today is that the Houseparty team could no longer give the app the attention it required — a statement that indicates an executive decision to shift the team’s focus to other matters.
While none of the Houseparty team members are being let go as a result of this move, we’re told, they will be joining other teams where they will work on new ways to allow for “social interactions” across the Epic Games family of products. The company’s announcement hinted that those social features would be designed and built at the “metaverse scale.”
The “metaverse” is an increasingly used buzzword that references a shared virtual environment, like those provided by large-scale online gaming platforms such as Fortnite, Roblox and others. Facebook, too, claims the metaverse is the next big gambit for social networking, with CEO Mark Zuckerberg having described it as an “embodied internet that you’re inside of rather than just looking at.”
To some extent, Fortnite has begun to embrace the metaverse by offering non-gaming experiences like online concerts you attend as your avatar, and other live events. Ahead of its shutdown, Houseparty also toyed with live events that users would co-watch and participate in alongside their friends.
An Epic Games spokesperson tells TechCrunch the Houseparty team has worked on (and continues to work on) a number of other projects that focus on social. But some of the “multiple, larger projects” Epic Games has in the works remain undisclosed, we’re told.
In terms of social products, Houseparty’s technology now underpins all of Fortnite voice chat and the features they built are widely available for free to developers through Epic Games Services. They also worked on building out new social experiences, which have ranged from the social RSVP functions for Fortnite’s global events, like the recent Ariana Grande concert, to the upcoming “Operation: Sky Fire” event for collaborating quests and other game mechanics. More social functionality and new experiences are also being built into Fortnite’s user-generated content platform, Create Mode.
While it may seem odd to close an app that only last year experienced a boost in usage due to the pandemic, it appears the COVID bump didn’t have staying power.
At the height of lockdowns, Houseparty had reported it had gained 50 million new sign-ups in a month’s time as users looked to video apps to connect with family and friends while the world was shut down. But as the pandemic wore on, other video chat experiences gained more ground. Zoom, which had established itself as an essential tool for remote work, became a tool for hanging out with friends after-hours, as well. Facebook also started to eat Houseparty’s lunch with its debut of drop-in video chat “Rooms” last year, which offered a similar group video experience. And bored users shifted to audio-based social networking on apps like Clubhouse or Twitter Spaces.
Image Credits: Apptopia
According to data from Apptopia, Houseparty has been continually declining since the pandemic bump. To date, its app has seen a total of 111 million downloads across iOS and Android, with the majority (63 million) on iOS. The U.S. was Houseparty’s largest market, accounting for 43.4% of downloads, followed by the U.K. (9.8%), then Germany (5.6%).
Epic Games, meanwhile, said the app served “tens of millions” of users worldwide. It insists the closure wasn’t decided lightly, nor was the decision to shutter “Fortnite Mode” made due to lack of adoption.
Houseparty will alert users to the shutdown via in-app notifications ahead of its final closure in October. At that point, Fortnite Mode will also no longer be available.
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Fortnite’s Ariana Grande concert offers a taste of music in the metaverse
Ariana Grande strutted and soared around a candy-colored series of Fortnite sets in Epic’s latest major in-game live music event. The multi-day “tour” offered gamers and Grande fans alike plenty to enjoy while showcasing Epic’s impressively smooth and visually inventive vision for live events that millions of people can enjoy simultaneously.
Fortnite players have known an Ariana Grande event was in the works for a while, and the concert followed previous in-game events featuring rapper Travis Scott and Marshmello. Scott’s in-game performance saw 12.3 million live viewers, a number that the Ariana Grande event is likely to top, given that it ran over multiple days.
Epic put up a video of the concert that’s well worth checking out, if only to marvel at the kind of stuff that’s possible in gaming worlds these days. Experiencing the event live in the game is obviously ideal, but the video captures the experience pretty well, minus the sense of presence from having an avatar zooming around the space with grande Grande.
This time around, the show featured a handful of mini-games that gave players more to do than just flying around while a gigantic virtual pop star does her thing. The sequence kicked off with players surfing a rainbow racetrack, hitting power ups in a cross between Mario Kart and Splatoon to “Come & Go” by Juice WRLD and Marshmello. The racetrack sequence was followed by bouncing players through a Dr. Seuss-style landscape with candy-pink trees and giant floating eyeballs before dropping them into a mini-game shooting down the game’s Storm King boss to Wolfmother’s “Victorious.”
Grande made her Fortnite debut a few songs in with the 2019 hit “7 Rings,” streaking across the sky and materializing on top of a planet suspended in a sea of stars. Later she soared through the clouds with angelic wings as players followed, suspended in rainbow bubbles. In the coolest portion, a skyscraper-high Grande ascended a series of Escher-esque staircases with a giant diamond mallet before slinging it to shatter the sky, shotput-style.
Fortnite’s latest event didn’t have any huge surprises, but that’s only because Epic sets the bar so high. Getting dressed up in your favorite skin to sail around a skyscraper-tall pop star along with millions of people around the world might not be everyone’s vision for the metaverse, but Fortnite’s wildly imaginative live events are a taste of the future that here’s right now.
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Epic Games acquires Sketchfab, a 3D-model sharing platform
New York-based startup Sketchfab has been acquired by Epic Games, the company behind Fortnite and Unreal Engine. Sketchfab has been building a platform to upload, download, view, share, sell and buy 3D assets. Essentially, it is the leading repository for 3D files on the web.
Epic Games isn’t disclosing the terms of the deal. Sketchfab will still operate as a separate brand and offering. Epic Games also says that all integrations with third-party tools will remain available, including with Unity.
The deal makes a ton of sense as Epic Games has been developing — and acquiring — some of the most popular creation tools. Unreal Engine has been one of the most popular video game engines of the past couple of decades.
More recently, Unreal Engine has been used for different use cases beyond video games, such as special effects, 3D explorations of virtual worlds, mixed reality projects and more.
But an engine without assets is pretty useless. That’s why creators either design their own 2D and 3D assets, outsource this process or buy assets directly. It led to the creation of an entire ecosystem of assets and creators.
Epic Games has its own Unreal Engine marketplace, but Sketchfab has been working on building the definitive 3D marketplace for many years with three important pillars — technology, reach and collaboration.
On the technology front, Sketchfab lets you view 3D models on any platform. The Sketchfab viewer works with all major browsers on both desktop and mobile — you can see an example on Sketchfab. It also works with VR headsets. You can upload 3D models from your favorite 3D modeling app, such as Blender, 3ds Max, Maya, Cinema 4D and Substance Painter.
Sketchfab can also convert any format into glTF and USDZ file formats. Those formats work particularly well on Android and iOS.
When it comes to reach, Sketchfab has grown tremendously over the years. In 2018, the company shared some metrics — 1 billion views, 2 million members and 3 million 3D models. Around the same time, the company launched a store so that creators can buy and sell assets directly on the platform.
Finally, Sketchfab launched an interesting feature for companies that work with 3D models all the time — Sketchfab for Teams. It’s a software-as-a-service play that lets you share a Sketchfab account with the rest of the team. Essentially, it works a bit like a shared Google Drive folder — but for 3D models.
With today’s acquisition, Epic Games is making some immediate changes. Starting today, store fees have been reduced from 30% to 12% — just like on the Epic Games Store. The company lowered commissions on ArtStation immediately after acquiring ArtStation, as well.
As for Sketchfab users paying a monthly subscription fee, everything is a bit cheaper now. All features in the Plus plan are now available for free, all features in the Pro plan are available to Plus subscribers, etc.
“We built Sketchfab with a mission to empower a new era of creativity and provide a service for creators to showcase their work online and make 3D content accessible,” Sketchfab co-founder and CEO Alban Denoyel said in the announcement. “Joining Epic will enable us to accelerate the development of Sketchfab and our powerful online toolset, all while providing an even greater experience for creators. We are proud to work alongside Epic to build the Metaverse and enable creators to take their work even further.”
With the acquisitions of ArtStation and Capturing Reality, Epic Games has been on an acquisition spree. It’s clear that the company wants to build an end-to-end developer suite for the gaming industry.
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Facebook buys studio behind Roblox-like Crayta gaming platform
Facebook has been making plenty of one-off virtual reality studio acquisitions lately, but today the company announced that they’re buying something with wider ambitions — a Roblox-like game creation platform.
Facebook shared that they’re buying Unit 2 Games, which builds a platform called Crayta. Like some other platforms out there, it builds on top of the Unreal Engine and gives users a more simple creation interface teamed with discovery and community features. Crayta has cornered its own niche pushing monetization paths like Battle Pass seasons, giving the platform a more Fortnite-like vibe as well.
Unit 2 has been around for just over three years, and Crayta launched just last July. Its audience has likely been limited by the studio’s deal to exclusively launch on Google’s cloud-streaming platform Stadia, though it’s also available on the Epic Games Store as of March.
The title feels designed for the lightweight nature of cloud-gaming platforms, with users able to share access to games just by linking other users, and Facebook seems keen to use Crayta to push forward their own efforts in the gaming sphere.
“Crayta has maximized current cloud-streaming technology to make game creation more accessible and easy to use. We plan to integrate Crayta’s creation toolset into Facebook Gaming’s cloud platform to instantly deliver new experiences on Facebook,” Facebook Gaming VP Vivek Sharma wrote in an announcement post.
The entire team will be coming on as part of the acquisition, though financial terms of the deal weren’t shared.
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Equity Monday: Crypto’s awful weekend, Apple v. Epic and funding rounds galore
Hello and welcome back to Equity, TechCrunch’s venture capital-focused podcast where we unpack the numbers behind the headlines.
This is Equity Monday, our weekly kickoff that tracks the latest private market news, talks about the coming week, digs into some recent funding rounds and mulls over a larger theme or narrative from the private markets. You can follow the show on Twitter here and myself here.
After a somewhat quiet weekend, things are kicking off in rapid-fire fashion this week. Here’s what you need to know:
- The cryptocurrency selloff that was in full swing on Friday continued over the weekend. Though bitcoin and ether managed to recoup some of their losses since they set new local minima, the value of popular cryptos is vastly depressed compared to recent highs.
- Looking ahead, it’s the final day of arguments at the Epic Games vs. Apple trial. And we’re seeing a smaller company try to crack some of the hold that a major tech incumbent enjoys over a huge piece of the digital economy. So, if you like startups, you might want to put aside your Apple fandom for a minute.
- More than a few funding rounds are cracking off this morning, including neat rounds from African fintech Mono, India-and-UAE-based Zeta, Emitwise raising $3.2 million, and Aurora Solar raising $250 million.
With a busy funding market and a yet-busy IPO cycle, it should be yet another busy week. Strap in!
Equity drops every Monday at 7:00 a.m. PST, Wednesday, and Friday at 6:00 AM PST, so subscribe to us on Apple Podcasts, Overcast, Spotify and all the casts!
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Fortnite-maker Epic completes $1B funding round
How much is Epic Games worth? Well, we’ve long ago surpassed the realm of dollar figures regular humans can contextualize. With its latest round, the gamer hit an equity valuation of $28.7 billion. Yes, “b” for “billion.” That’s a lot of micro-transactions.
Time to start talking metaverse!
Best known for the wildly successful battle royale title Fortnite, Epic just announced another $1 billion funding round, featuring a $200 million Sony Group Corporation investment. The rest of the list is, predictably, a long one, including [deep breath], Appaloosa, Baillie Gifford, Fidelity Management & Research Company LLC, GIC, T. Rowe Price Associates-managed accounts, Ontario Teachers’ Pension Plan Board, BlackRock managed accounts, Park West, KKR, AllianceBernstein, Altimeter, Franklin Templeton and Luxor Capital.
Epic vs. Apple
- Epic cries monopoly as Apple details secret ‘Project Liberty’ effort to provoke ‘Fortnite’ ban
- Apple files breach-of-contract countersuit against Epic
- Apple terminates Epic Games’ App Store account
- Apple ordered to not block Epic Games’ Unreal Engine, but Fortnite to stay off App Store
- Epic files motion for injunction against Apple
- Epic Games launches a campaign (and lawsuit) against Apple
- Apple boots Fortnite from the App Store
“We are grateful to our new and existing investors who support our vision for Epic and the Metaverse,” CEO and founder Tim Sweeney said in a statement tied to the news. “Their investment will help accelerate our work around building connected social experiences in Fortnite, Rocket League and Fall Guys, while empowering game developers and creators with Unreal Engine, Epic Online Services and the Epic Games Store.”
Sweeney has plenty of reason to be grateful, as the controlling shareholder.
It’s been a busy several months for the game maker. The company has been waging an on-going war with both Apple and Google over in-game payment revenues. A trial likely to feature some of the biggest names in tech is expected to kick off early next month.
Epic has also been using its already extremely deep coffers to purchase game developers and publishing studios, including its March acquisition of Fall Guys-maker Mediatonic. It’s clear the company is amassing a large portfolio of titles through acquisitions, a trend that is almost certain to continue with this latest massive round.
The funding also looks likely to strengthen the company’s ties to Sony, as well. Here’s Sony Group Corporation CEO Kenichiro Yoshida, also quoted in the press release:
Epic continues to deliver revolutionary experiences through their array of cutting edge technologies that support creators in gaming and across the digital entertainment industry. We are excited to strengthen our collaboration to bring new entertainment experiences to people around the world. I strongly believe that this aligns with our purpose to fill the world with emotion, through the power of creativity and technology.
Prior to this round, the company had raised $3.4 billion, including a a $1.78 billion round last August.
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Manticore Games raises $100 million to build a ‘creator multiverse’
The gaming sector has never been hotter or had higher expectations from investors who are dumping billions into upstarts that can adjust to shifting tides faster that the existing giants will.
Bay Area-based Manticore Games is one of the second-layer gaming platforms looking to build on the market’s momentum. The startup tells TechCrunch they’ve closed a $100 million Series C funding round, bringing their total funding to $160 million. The round was led by XN, with participation from SoftBank and LVP alongside existing investors Benchmark, Bitkraft, Correlation Ventures and Epic Games.
When Manticore closed its Series B back in September 2019, VCs were starting to take Roblox and the gaming sector more seriously, but it took the pandemic hitting to really expand their expectations for the market. “Gaming is now a bona fide super category,” CEO Frederic Descamps tells TechCrunch.
Manticore’s Core gaming platform is quite similar to Roblox conceptually, the big difference is that the gaming company is aiming to quickly scale up a games and creator platform geared toward the 13+ crowd that may have already left Roblox behind. The challenge will be coaxing that demographic faster than Roblox can expand its own ambitions, and doing so while other venture-backed gaming startups like Rec Room, which recently raised at a $1.2 billion valuation, race for the same prize.
Like other players, Manticore is attempting to build a game discovery platform directly into a game engine. They haven’t built the engine tech from scratch; they’ve been working closely with Epic Games, which makes the Unreal Engine and made a $15 million investment in the company last year.
A big focus of the Core platform is giving creators a true drag-and-drop platform for game creation with a specific focus on “remixing,” allowing users to pick pre-made environments, drop pre-rendered 3D assets into them, choose a game mode and publish it to the web. For creators looking to inject new mechanics or assets into a title, there will be some technical know-how necessary, but Manticore’s team hopes that making the barriers of entry low for new creators means that they can grow alongside the platform. Manticore’s big bet is on the flexibility of their engine, hoping that creators will come on board for the chance to engineer their own mechanics or create their own path toward monetization, something established app stores wouldn’t allow them to.
“Creators can implement their own styles of [in-app purchases] and what we’re really hoping for here is that maybe the next battle pass equivalent innovation will come out of this,” co-founder Jordan Maynard tells us.
This all comes at an added cost; developers earn 50% of revenues from their games, leaving more potential revenue locked up in fees routed to the platforms that Manticore depends on than if they built for the App Store directly, but this revenue split is still much friendlier to creators than what they can earn on platforms like Roblox.
Building cross-platform secondary gaming platforms is host to plenty of its own challenges. The platforms involved not only have to deal with stacking revenue share fees on non-PC platforms, but some hardware platforms that are reticent to allow them all, an area where Sony has been a particular stickler with PlayStation. The long-term success of these platforms may ultimately rely on greater independence, something that seems hard to imagine happening on consoles and mobile ecosystems.
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Tim Cook and Tim Sweeney among potential witnesses for Apple/Epic trial
A proposed witness list filed by Apple for its upcoming trial against game-maker Epic reads like a who’s who of executives from the two companies. The drawn out battle could well prove a watershed moment from mobile app payments.
The two sides came to loggerheads when the Fortnite maker was kicked out of the App Store in August of last year after adding an in-game payment system designed to bypass Apple’s – along with Apple’s cut of the profiles.
Epic has accused Apple of monopolist practices pertaining to mobile payment. Apple, meanwhile, has argued that Epic broke the App Store agreement in order to increase its revenue.
Filed late last night by the hardware giant, the document includes top executives from bot sides. For Apple, the list includes CEO Tim Cook, Software Engineering SVP Craig Federighi and Apple Fellow, Phil Schiller. On team Epic, it’s Tim Sweeney and VP Mark Rein. Executives from Microsoft, Facebook and NVIDIA are also included, for good measure.
In a statement provided to TechCrunch, Apple notes,
Our senior executives look forward to sharing with the court the very positive impact the App Store has had on innovation, economies across the world and the customer experience over the last 12 years. We feel confident the case will prove that Epic purposefully breached its agreement solely to increase its revenues, which is what resulted in their removal from the App Store. By doing that, Epic circumvented the security features of the App Store in a way that would lead to reduced competition and put consumers’ privacy and data security at tremendous risk.
The trial is expected to kick off May 3. We’ve reached out to Epic for additional comment.
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