Epic Games Asks Court to Allow Fortnite Back on the App Store

[MacRumors]

Just a week after Apple terminated Epic Games' developer account, Epic has filed for a preliminary injunction that would both allow Fortnite back on the App Store and restore access to its developer account.

In the filing, Epic Games says it was willing to challenge Apple "because it was the right thing to do" and "it was better positioned than many other companies to weather the storm." Epic describes Apple as a "monopolist" who maintains its dominant position by "explicitly prohibiting any competitive entry" to both app distribution and in-app payment processing markets.

Epic mentions that it's "likely to suffer irreparable harm" if Fortnite is not made available on the App Store and that "the balance of harms tips strongly in Epic’s favor," citing that daily iOS active users have already declined by over 60% since the app's initial removal from the App Store.

Fortnite introduced a direct payment option in mid-August that skirted Apple's in-app purchase system by allowing payments directly to Epic Games. Apple shortly after pulled the app from the ‌App Store for disregarding App Store policies‌, which has lead to a lawsuit from Epic and a quickly escalating legal fight between the two companies.

Epic has refused to back down from the direct purchase option added to Fortnite, and Apple won't allow the app in the ‌App Store‌ while the direct payment option remains. Apple told Epic that it's ready to "welcome Fortnite back onto iOS" if Epic removes the direct payment option and returned to the status quo while the legal battle plays out in court, but Epic has refused.

The preliminary injunction was filed on Friday in the United States District Court for the Northern District of California, and the hearing will take place on September 28.

Article Link: Epic Games Asks Court to Allow Fortnite Back on the App Store

 

[farewelwilliams]

if i offered a free game on the Playstation store and tried to bypass Sony's cut, Sony would remove the app too. but Epic doesn't want to talk about that.

 

[sniffies]

The more I hear about Epic, the more I start to hate them.

 

[Maclver]

If only there was something epic could do to remediate this while the case moves forward..... guess we’ll never know /s

 

[iisdan]

Epic only cares about creating their own store and charge their own fee to developers

 

[Unggoy Murderer]

"daily iOS active users have already declined by over 60% since the app's initial removal from the ‌App Store‌"

What a shame. If only there was a simple solution to that problem...?

 

[DanBig]

Don't throw rocks in a glass house!

Epic blew it!

 

[Seanm87]

Boo Hoo. They acted like idiots and now its backfired on them.

Zero sympathy.

 

[1144557]

Poor babies!

The judge already ruled and they will lose this too. They know EXACTLY how to fix it. 70% of something is better than 100% of nothing.

 

[goobot]

Just don’t understand how this is any different than any other platform they are on.

 

[Oohara]

They’re only making Apple look even more like the good guy at this point.

 

[Lounge vibes 05]

There is absolutely a discussion to have about Apple having unfair developer practices, where big companies get way more leeway than smaller developers. Also, there’s a conversation to have about the fact that the App Store is the only distribution platform on the iPhone.
This, however, should not be a discussion. Epic games purposely went against apples rules, hoping that Apple would give them special treatment. And then, when Apple didn’t give them special treatment, and removed their app from the App Store, they went to the courts crying wolf, despite the fact that Google did the exact same thing.
And now, just two weeks after they said they would never go back on the App Store, they want the court to force Apple to let them back in to the App Store because they’re losing money.
This entire situation is completely stupid, especially on Epics part.
They got themselves into this mess, and now they want the court two just shovel them out of it so they can continue raking in the cash.
I’m sorry, Apple does a lot of shady things, and 30% might be slightly more than I would be comfortable with them taking, but I am not a developer, and I do not run an App Store, so I really can’t have a valid opinion on this. But in this situation, Apple is completely in the right. Epic completely screwed themselves in the situation.
You could call it a... epic fail

 

[rp2011]

I thought they took their ball and went home. What happened to Mr. I‘m too good for this?

 

[Lounge vibes 05]

Also, somehow this turn from a situation of epic being mad that their app has to be on the App Store, and can’t be distributed otherwise, to them just wanting it back on the App Store. They don’t care anymore about apples rules, they just want to be back on the App Store because they’re not making any money

 

[Seoras]

This is just to keep it in the news headlines because Epic has no more cards to play and Apple called their bluff.
Can't have it go all quiet and everyone forget about it, eh Epic?

 

[Wildkraut]

Don't throw rocks in a glass house!

Epic blew it!

Heh, you know who is sitting in a glass house, right?

 

[Lounge vibes 05]

Now I understand why only seven-year-olds play fortnight.
Because the game was developed by them

 

[pasamio]

Epic only cares about creating their own store and charge their own fee to developers

Game Theory, sponsored by Epic Games!

Hoeg Law has had some really interesting deep dives and they've got one on Epic's filing:

 

[Art Mark]

Exactly the dumbest thing they could have done. Man...talk about not understanding your leverage and what you have to offer...the Epic CEO should be shown the door. Must I say it? "Epic Fail".

 

[TheYayAreaLiving 🎗️]

You did this to yourself EPIC. Now you want to be back to the App store because NO $$ coming in huh?

 

[Analog Kid]

Epic Games says it was willing to challenge Apple "because it was the right thing to do" and "it was better positioned than many other companies to weather the storm."

Uh huh. Altruism, through and through.

You looked at the world today, asked "what problems need fixing that could benefit from the attention of a multi-billion dollar company and its billionaire private owner?", and the conclusion you came to was "AppStore fees."

 

[TheYayAreaLiving 🎗️]

What exactly EPIC is thinking???

Judge Rogers ALREADY stated they can’t claim irreparable harm since they caused the harm in the first place (violating their contract with Apple).

She also suggested a very reasonable, and very common solution that other tech companies routinely follow: continue business under the current contract and if they win at trial they will be compensated later.

This basic fact is what exposes Epics dumb behavior.

 

[now i see it]

the only way to get  to change their greedy ways is to sue them in court. Fortnight is epic's sacrificial lamb to get the ball rolling.
This lawsuit isn't about epic getting a better cut in the app store but bringing to attention that the whole business model of the App Store is "illegal" and wrong. They're not suing just for them but also for the thousands of iOS developers who've been ripped off too.

 

[Cosmosent]

In the filing, Epic Games says it was willing to challenge Apple "because it was the right thing to do" and "it was better positioned than many other companies to weather the storm."

"Weather the Storm" ???

Asking a Judge to intervene at this Early Stage, that's NOT Weathering the Storm !

Total BS statement by Epic !

 

[Shafa]

Personally, the issue isn't 30% or 15% or whatever. That Apple doesn't even allow a developer to redirect their customers to their own website to complete their subscription is the most problematic. That developers can't even SAY that the subscription fee is 30% more because of Apple's fees is seriously problematic and unarguably anticompetitive. I believe this will irk the courts the most, and is probably their strongest argument.