Apple sued and got its ruling last month. Epic was ordered to pay $3.65 million in damages, covering Apple’s lost revenue from Epic’s three months of self-powered payments. Following that ruling, Google wants its missing money, too, and now it’s countersuing Epic, hoping for a similar ruling. Google’s suit reads, “Epic willfully breached the DDA [Developer Distribution Agreement] by submitting a version of Fortnite for publication on Google Play with a payment method other than Google Play Billing for purchases of in-app content. By doing this, Epic denied Google its service fee under the DDA for any purchases made through the app outside of Google Play Billing.” Google continues: “The users that downloaded the non-compliant version of Fortnite before its removal from Google Play are still able to use Epic’s hotfixed external payment mechanism to make in-app purchases — allowing Epic to evade its contractually agreed service fee to Google for those purchases.” Google argues that “Epic has alternatively been unjustly enriched at Google’s expense” and is seeking restitution of its missing earnings and damages.
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