Judge denies Epic's request to force Apple to bring Fortnite back to App Store
The California judge in the Epic Games and Apple litigation has denied Epic's claim that Apple was forced to restore Fortnite to the App Store, but has confirmed that Apple cannot take action against the Epic Games developer accounts that Unreal Engine developers use Apple devices get access.
The court's decision upheld its late August proclamation in a court hearing in which Epic Games' attorneys sought an injunction after Apple informed the Fortnite developer that they were kicking the company from the App Store and terminating their entire business would accounts.
Apple is terminating Epic Games' App Store account
The judge noted that "[p] injunction is an extraordinary measure that is seldom granted" and stated that they partially granted and partially denied Epic's motion, noting that "Epic Games bears the burden of such extraordinary relief to ask ".
From the submission:
Epic Games has a strong case for Apple's exclusive distribution through the iOS App Store and the In-App Purchase System ("IAP"), through which Apple takes 30% of certain IAP payments. However, given the limited amount of data, Epic Games did not take Apple's counter-arguments sufficiently into account. The shares dealt with in the injunction remain unchanged.
This confirms that Fortnite will not be returning to the App Store until the trial begins. A court filed this week signaled the two companies will be tried on May 3, 2021.
Both sides wanted to take their victory and ignore their loss in the mixed decision.
"Epic Games is grateful that Apple continues to be unable to retaliate against Unreal Engine and our game development customers as the litigation continues. We will continue to evolve under the protection of the court for iOS and Mac and do all we can to end the anti-competitive behavior of Apple, "a spokesman for Epic Games said in a statement.
"Our customers depend on the App Store to be a safe and trustworthy place where all developers follow the same rules," an Apple spokesman told TechCrunch in an e-mailed statement. "We are grateful that the court recognized that Epic's actions were not in the best interests of its own customers and that any problems they may have encountered were caused by themselves in breaching their agreement. Since twelve years ago, the App Store has been an economic miracle creating transformative business opportunities for developers big and small. We look forward to sharing this legacy of innovation and dynamism with the court next year. "
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