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Apple vs. Epic Games: First verdict is here

by Milan
August 25, 2020
in News
Image: Epic Games

Image: Epic Games

Apple removed Fortnite from the App Store after Epic Games added its own payment method to the game. Epic subsequently filed a lawsuit against Apple. The first hearing between the two companies has now taken place, and the initial ruling was in favor of both parties.

After Epic Games filed a lawsuit against Apple, Apple struck again. On August 28, the company threatened to block all developer accounts and thus access to all developer tools, including the Unreal Engine. Epic Games then filed for an injunction to prevent exactly that from happening. Now the lawyers for both parties have been questioned and the first preliminary ruling has been announced. Accordingly, the exclusion of Fortnite remains legitimate, as Epic Games deliberately provoked the expulsion after the company knowingly violated applicable App Store guidelines. 

Apple vs. Epic Games: Verdict not surprising

This means Apple is not obligated to relist the title in the store until the problem is resolved. Accordingly, Cupertino is also likely to delete Epic's developer account for the app in question. The situation is different regarding the Unreal Engine. The court classified the threatened action as an attempt at retaliation by Apple and issued a preliminary injunction. Therefore, Apple is temporarily prohibited from suspending developer accounts related to the Unreal Engine. During the oral arguments, the judge announced at the beginning of the hearing that she was inclined to prevent Apple from blocking the development of the Unreal Engine and that she was inclined not to extend the Fortnite injunction. Thus, the ruling comes as no surprise.

Epic International remains unaffected

A key element of Epic's defense was that the company maintains multiple developer accounts with Apple, each linked to a different subsidiary. This means that separate contracts were signed for each account. Therefore, the breach of contract—through the covert implementation of its own payment system in Fortnite—applies only to Epic Games. The court held that there was no breach of contract for Epic International. Apple also failed to present convincing arguments for a damages claim at this early stage. This ruling pertains only to the initial preliminary injunctions and is considered a provisional measure to establish a fair market while the legal battle continues. Both Apple and Epic will have the opportunity to fully present their case if the lawsuit goes to trial. (Image: Epic Games)

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