Epic Games Sought Side Deal for Fortnite Prior to Lawsuit, Apple Says in Court Filing [Updated] - MacRumors
Skip to Content

Epic Games Sought Side Deal for Fortnite Prior to Lawsuit, Apple Says in Court Filing [Updated]

Earlier this week, Epic Games levied a lawsuit against Apple after Apple pulled popular game Fortnite from the App Store for defying Apple's ‌App Store‌ policies surrounding in-app purchases, launching a legal battle between the two companies.

fortnite apple featured
Apple in turn said that it would terminate Epic's developer accounts on August 28, prompting ‌Epic Games‌ to file a restraining order attempting to stay that removal. Apple today responded to ‌Epic Games‌' lawsuit with its own court filing, arguing that Fortnite should not be allowed to remain on the ‌App Store‌ as the legal fight plays out.

According to Apple, ‌Epic Games‌ in June sought a special deal from Apple's Phil Schiller that would change the way in which Epic offers apps on the ‌App Store‌. From CNBC:

"On June 30, 2020, Epic's CEO Tim Sweeney wrote my colleagues and me an email asking for a 'side letter' from Apple that would create a special deal for only Epic that would fundamentally change the way in which Epic offers apps on Apple's iOS platform," former Apple Senior Vice President Phil Schiller wrote in a declaration.

‌Epic Games‌ CEO Tim Sweeney previously said that Epic was not seeking a special deal from Apple and was instead fighting for "open platforms and policy changes equally benefiting all developers," but it appears that Epic did attempt to establish a unique relationship with Apple prior to when the lawsuit was filed. "When Apple refused to fundamentally alter the way it does business to appease Epic, Epic resorted to sudden, unilateral action that blatantly breached its contracts with Apple," reads Apple's response.

Epic had asked Apple for permission to bypass the in-app purchase system and allow Fortnite players to pay for in-game currency directly, a request that Apple denied and a feature that Epic implemented anyway. According to Schiller, Sweeney emailed him on the morning that Fortnite changed the payment mechanism and said that Epic will no longer "adhere to Apple's payment processing restrictions."

Apple lawyers argue that the emergency stay that Epic is seeking is an emergency "entirely of Epic's own making," as Apple has said that if Epic removes the direct payment mechanism that it added to Fortnite, the game would be allowed to return to the ‌App Store‌ and Fortnite's developer accounts would not be disabled.

Apple has also likened ‌Epic Games‌' behavior to a shoplifter. "If developers can avoid the digital checkout, it is the same as if a customer leaves an Apple retail store without paying for shoplifted product: Apple does not get paid," Apple said.

Apple's promise to terminate all of Epic's developer accounts and access to Apple tools on August 28 would impact the development of the Unreal Engine used in many third-party apps and games. Along with the pending account termination, Epic is not able to update Fortnite, which means that existing iOS users will not be able to take advantage of the next season of the game launching on August 27.

A court hearing is scheduled for Monday to determine whether Apple can remove Fortnite from the ‌App Store‌ for violating the ‌App Store‌ rules.

Update: In a tweet, ‌Epic Games‌ CEO Tim Sweeney called Apple's statement misleading because Epic's email also asked for the concessions to be made available to other developers.

Popular Stories

app store blue banner epic 1

Apple Asks Supreme Court to Throw Out App Store Contempt Ruling

Monday September 14, 2026 4:28 pm PDT by
Apple today filed its opening merits brief with the Supreme Court as it prepares to fight the contempt ruling that forced it to change its App Store rules. Apple is asking the Supreme Court to reverse or vacate the contempt order, which would return the App Store to its pre–2025 rules. The Supreme Court filing is part of Apple's ongoing legal battle with Epic Games, which has gotten more...
iOS 26 Battery Glass Feature

Three Years of 80% Charge Limits on iPhone: The Results

Tuesday October 6, 2026 12:59 pm PDT by
Since 2023, Apple's newer iPhones have had an 80 percent charge limit for those who want to extend battery lifespan. Charging to 80 percent instead of 100 percent is supposed to put less stress on the battery, improving longevity. For the last three years, I've used that setting on my iPhone. I started with the iPhone 15 Pro Max, then did the iPhone 16 Pro Max, and most recently, the iPhone...
MagSafe 3 Cable Midnight Feature

Apple Releases MagSafe 3 Charging Cable Firmware Update

Monday October 5, 2026 5:59 am PDT by
For the first time since February 2023, Apple has released a firmware update for the MagSafe 3 charging cable for the MacBook Pro and MacBook Air. Specifically, Apple last week released firmware version 3.2.0 for the USB-C to MagSafe 3 Cable. The previous firmware version for the cable was 3.1.12. It is unclear what is included in the latest firmware, as Apple does not publish release...

Top Rated Comments

GreenPixel Avatar
80 months ago

Hope Epic and other devs will make Apple lift the iron curtain.
There is no iron curtain. The current terms are more than fair.
Score: 64 Votes (Like | Disagree)
GreenPixel Avatar
80 months ago
Anyone who thought Epic cared about "all developers" was deluded. And this proves it.

Edit: Will concede I was too harsh on Epic given the update. I still believe Apple is in the right, however.
Score: 61 Votes (Like | Disagree)
McKodiak Avatar
80 months ago

Hope Epic and other devs will make Apple lift the iron curtain.
I hope not.

Apple can't guarantee me the product ecosystem or experience if they did.
Score: 48 Votes (Like | Disagree)
ArPe Avatar
80 months ago
‘We want to use Xcode, the APIs and the App Store without paying for it. We’re fighting for open platforms so that our masters in China can circumvent the ban on WeChat and TikTok. We don’t care if opening mobile operating systems results in spyware, malware, payment fraud and piracy because that will hurt everyone but Epic.’

Tim Swiney
Score: 40 Votes (Like | Disagree)
McKodiak Avatar
80 months ago
Epic = shoplifter
Score: 33 Votes (Like | Disagree)
GreenPixel Avatar
80 months ago

Yeah but they are not. Apple forcing developers to use their payment system and take a 30% cut is anti-competitive behaviour.
No it's not. Developers get a LOT for their money and I get a secure product.
Score: 24 Votes (Like | Disagree)
Latest Stories
Formula 1 Coverage on Apple TV to Get Dolby Atmos Later This Month
Formula 1 Coverage on Apple TV to Get Dolby Atmos Later This Month
41 minutes ago
LG Making Doorbell, Lock, and Cameras for Apple's Home Hub
LG Making Doorbell, Lock, and Cameras for Apple's Home Hub
11 hours ago
Apple to Report Q4 2026 Earnings on November 2
Apple to Report Q4 2026 Earnings on November 2
12 hours ago
Three Years of 80% Charge Limits on iPhone: The Results
Three Years of 80% Charge Limits on iPhone: The Results
13 hours ago
macOS 27.2 Further Hints at MacBook With Touch-Enabled OLED Display
macOS 27.2 Further Hints at MacBook With Touch-Enabled OLED Display
15 hours ago
The 15 Best Apple Deals Under $200 for Prime Day
The 15 Best Apple Deals Under $200 for Prime Day
15 hours ago
AirPods Pro 3 and AirPods Max 2 Get Big Price Drops for Prime Day
AirPods Pro 3 and AirPods Max 2 Get Big Price Drops for Prime Day
16 hours ago
Apple Releases Second Public Betas of iOS 27.2 and macOS Golden Gate 27.2
Apple Releases Second Public Betas of iOS 27.2 and macOS Golden Gate 27.2
16 hours ago
'Crossy Road Rush' Launching Exclusively on Apple Arcade in November
'Crossy Road Rush' Launching Exclusively on Apple Arcade in November
17 hours ago
Apple Watch Series 9 vs. Series 12 Buyer's Guide: Is It Worth Upgrading?
Apple Watch Series 9 vs. Series 12 Buyer's Guide: Is It Worth Upgrading?
17 hours ago
Prime Day Savings: TVs, Headphones, Chargers, and Other Tech Accessories
Prime Day Savings: TVs, Headphones, Chargers, and Other Tech Accessories
18 hours ago
Apple TV 4K Rumored to Support Four HomePods for Surround Sound
Apple TV 4K Rumored to Support Four HomePods for Surround Sound
19 hours ago
iPhone 18 Pro and Duo Were Once Planned With 16GB RAM, Leaker Says
iPhone 18 Pro and Duo Were Once Planned With 16GB RAM, Leaker Says
19 hours ago
Apple's Entire Mac Lineup Gets Massive Discounts for Prime Day
Apple's Entire Mac Lineup Gets Massive Discounts for Prime Day
20 hours ago
Prime Day iPad Deals Include Low Prices on iPad Air, iPad Mini, and More
Prime Day iPad Deals Include Low Prices on iPad Air, iPad Mini, and More
20 hours ago
Apple's $634 Million Apple Watch Patent Bill Just Got Even Bigger
Apple's $634 Million Apple Watch Patent Bill Just Got Even Bigger
20 hours ago
Amazon Prime Big Deal Days Offers Major Discounts on AirPods, iPads, and Much More
Amazon Prime Big Deal Days Offers Major Discounts on AirPods, iPads, and Much More
15 hours ago
Microsoft OneDrive to Drop Support for These iPhone Models
Microsoft OneDrive to Drop Support for These iPhone Models
22 hours ago
HomePod Mini Waits Reach Eight Weeks Ahead of Rumored Refresh
HomePod Mini Waits Reach Eight Weeks Ahead of Rumored Refresh
22 hours ago
Apple Music Is Getting a New Logo
Apple Music Is Getting a New Logo
22 hours ago
Apple Quietly Boosts Email Feature for iCloud+ Subscribers
Apple Quietly Boosts Email Feature for iCloud+ Subscribers
3 hours ago
iOS 27.2 May Let You Hide Specific Suggested Actions in Messages
iOS 27.2 May Let You Hide Specific Suggested Actions in Messages
1 day ago
Sources: Apple Planning Two Sets of Product Launches in October
Sources: Apple Planning Two Sets of Product Launches in October
1 day ago
Apple Announces iPhone Duo Apps Can Now Be Submitted to App Store
Apple Announces iPhone Duo Apps Can Now Be Submitted to App Store
1 day ago
macOS 27.2 Adds Touch Gestures Ahead of MacBook Ultra
macOS 27.2 Adds Touch Gestures Ahead of MacBook Ultra
2 days ago
Apple and AT&T Have Yet to Explain Cause of iPhone 18 Pro Max Issue
Apple and AT&T Have Yet to Explain Cause of iPhone 18 Pro Max Issue
2 days ago
tvOS 27.2 Code Hints at Apple Intelligence for New Apple TV
tvOS 27.2 Code Hints at Apple Intelligence for New Apple TV
2 days ago
Apple Seeds Third macOS Golden Gate 27.2 Beta to Developers
Apple Seeds Third macOS Golden Gate 27.2 Beta to Developers
2 days ago
Apple Releases Third watchOS 27.2, tvOS 27.2 and visionOS 27.2 Betas
Apple Releases Third watchOS 27.2, tvOS 27.2 and visionOS 27.2 Betas
2 days ago
Apple Releases Third iOS 27.2 Beta
Apple Releases Third iOS 27.2 Beta
2 days ago