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Apple applauds court for denying Epic Games' request to restore 'Fortnite'

Credit: Epic Games

Last updated

Apple on Tuesday applauded a California court for denying Epic Games' request for a temporary restraining order on its removal of "Fortnite," reiterating it would restore the game if Epic removed direct payments.

In a ruling handed down Monday, U.S. District Court Judge Yvonne Gonzalez Rogers denied Epic's request to get Apple to bring "Fortnite" back to the App Store. During the hearing, Rogers said that Epic's situation was one of its own making.

In a statement to AppleInsider and other venues on Tuesday, Apple applauded the decision and said it was ready to bring "Fortnite" back to the App Store if it removed the direct payment feature — which is a violation of its developer guidelines.

"We thank the court for recognizing that Epic's problem is entirely self-inflicted and is in their power to resolve. Our very first priority is making sure App Store users have a great experience in a safe and trusted environment, including iPhone users who play 'Fortnite' and who are looking forward to the game's next season," Apple said.

Epic Games originally forced Apple into removing "Fortnite" by implementing a feature that would bypass Apple's cut of in-app purchases. As Epic's lawyers explained in the hearing Monday, the game maker made the move to protest Apple's alleged anti-competitive behavior and its 15% to 30% commission.

Apple, for its part, agreed with the judge's conclusion that Epic Games alone was responsible for Fortnite's removal from the App Store.

"We agree with Judge Gonzalez-Rogers that 'the sensible way to proceed' is for Epic to comply with the App Store guidelines and continue to operate while the case proceeds. If Epic takes the steps the judge has recommended, we will gladly welcome 'Fortnite' back onto iOS. We look forward to making our case to the court in September," Apple added in its statement.

Notably, Apple said nothing of its pressure on Epic Games' Unreal Engine — which is used by many game developers. The Unreal Engine is maintained through a developer account attached to Epic International, a business entity technically separate from the primary Epic Games account.

In Monday's decision, Judge Rogers ruled that Apple could not retaliate against the Unreal Engine developer account for actions taken by Epic Games.

In the wake of Fortnite being removed, Epic filed an antitrust lawsuit against Apple alleging monopolistic behavior. Since the hearing Monday concerned Epic's request for a temporary restraining order, Judge Rogers made no decision concerning the lawsuit.



32 Comments

georgie01 437 comments · 8 Years

Obviously the right decision, and I hope the ‘heads up’ to Apple by the judge that their argument may not be the best one will help in their preparation for the upcoming court case. 

Epic has made me lose all respect for them in how they’re handling this. They aren’t pursuing a noble cause as the ‘oppressed‘. They’re being arrogant bullies, thinking they deserve handouts from Apple and that they can do better—if they can do better, then I’d like to see them make a successful operating system with unique devices and develop an ecosystem which people want to pay for. Then their problem is entirely solved. Instead they want to ride on the back of Apple’s hard work and success, and they want to do it for free.

cornchip 1943 comments · 11 Years

I realize this is going to be a dumb question, but I don’t exactly understand how the Unreal Engine thing is working on a technical level. 

I get that Epic owns/maintains “Unreal”, but how was Apple able to restrict access to it for other developers? But then turn it back on? Without turning back on Fortnite? And is Unreal available to Android devs too? Did the restriction also affect them? 

Very in the dark on this one... 

killroy 286 comments · 17 Years

cornchip said:
I realize this is going to be a dumb question, but I don’t exactly understand how the Unreal Engine thing is working on a technical level. 
I get that Epic owns/maintains “Unreal”, but how was Apple able to restrict access to it for other developers? But then turn it back on? Without turning back on Fortnite? And is Unreal available to Android devs too? Did the restriction also affect them? 

Very in the dark on this one... 

Epic has shell companies. So from who, as an developer that has an Apple account, would you get the rights to use Unreal engine in your game?
Remember Unreal engine is used for other things than games.

aderutter 625 comments · 17 Years

Epic Games develops Fortnite with an ios developer account and Epic International develops Unreal with a mac developer account.
If Apple had terminated Epic Internationals mac developer account then Unreal would have stopped working (for everyone) and Epic International wouldn’t be able to ship a new version with that mac developer account.

Beats 3073 comments · 4 Years

cornchip said:
I realize this is going to be a dumb question, but I don’t exactly understand how the Unreal Engine thing is working on a technical level. 
I get that Epic owns/maintains “Unreal”, but how was Apple able to restrict access to it for other developers? But then turn it back on? Without turning back on Fortnite? And is Unreal available to Android devs too? Did the restriction also affect them? 

Very in the dark on this one... 

Unreal is (probably) the world's most popular game engine that Epic licenses to developers. So say you're a game developer and need an engine you can just license Epic's for a fee. Apple pulled the license compatibility for NEW games on their platforms since Epic violated Apple's terms. Old games aren't affected since they're already "shipped".

Gaming is alive and well on Macs since Epic said banning it on Apple platforms would cause irreparable harm to the company.

Unreal is available to everyone but most iKnockoffs have a hard time running it since it's power intensive.