Apple has removed Fortnite from the App Store thrownafter Epic Games gave the title its own payment method. Epic then filed a lawsuit against Apple. The first hearing between the two companies has now taken place. The first verdict 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 that Apple is not forced to add the title to the store again as long as the problem has not been resolved. Accordingly, Cupertino may also delete Epic's developer account for the corresponding app. The situation is different with regard to the Unreal Engine. The Court has described the threatened action as attempted retaliation by Apple and issued a temporary injunction. This means that Apple is not allowed to block developer accounts that are related to the Unreal Engine for the time being. At the beginning of the oral hearing, the judge announced that she was inclined to prevent Apple from blocking the development of the Unreal Engine and that she was inclined not to continue the Fortnite injunction. The ruling is therefore no surprise.
Epic International remains unaffected
A key element of Epic's defense was that it maintains multiple developer accounts with Apple, each associated with a different subsidiary. This means that independent contracts have been signed for each account. Therefore, the breach of contract - by secretly implementing its own payment function on Fortnite - applies only to Epic Games. The court held that there was no breach of contract for Epic International. Apple also failed to make a convincing case for a damages claim at this early stage. This ruling only relates to the initial injunctions and is considered a provisional measure to create a fair market while the litigation continues. Both Apple and Epic will have the opportunity to fully present their case when the case goes to trial. (Image: Epic Games)
