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...
Apple TV 4K HomeView HomePod Mini tweaked

New Apple TV 4K, HomeView, and HomePod Mini: 16 Details Just Leaked

Sunday October 11, 2026 12:56 pm PDT by
Just two days before Apple's "Welcome home" experience in New York, Bloomberg's Mark Gurman has leaked several details about the new products set to be unveiled, including an all-new smart home hub, a HomePod mini 2, and a new Apple TV 4K. Here is an all-in-one summary of the details shared by Gurman:Apple's home hub with a touch-enabled display will be named HomeView, seemingly confirming a ...
Apple HomeView lineup feature1

Apple Announces 'HomeView' Smart Home Hub

Tuesday October 13, 2026 6:00 am PDT by
Apple today announced the "HomeView," an all-new kind of smart home hub featuring a 7-inch Liquid Retina display and Siri AI. Apple's senior vice president of Worldwide Marketing Greg Joswiak said: Apple HomeView is designed to be shared by everyone in the home yet feel completely personal to each user. It recognizes your face to shift from a household screen to your own experience,...

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
Apple's HomeView Repair Fees Revealed
Apple's HomeView Repair Fees Revealed
9 hours ago
Everything Apple Still Has Coming in October
Everything Apple Still Has Coming in October
10 hours ago
Welcome Home: Everything Apple Announced on October 13
Welcome Home: Everything Apple Announced on October 13
12 hours ago
Will the Full-Sized HomePod Get Siri AI? Apple's Website Offers a Clue
Will the Full-Sized HomePod Get Siri AI? Apple's Website Offers a Clue
12 hours ago
Apple Releases Third Public Betas of iOS 27.2 and macOS Golden Gate 27.2
Apple Releases Third Public Betas of iOS 27.2 and macOS Golden Gate 27.2
12 hours ago
iOS 27.2 Adds New Apple Music Icon
iOS 27.2 Adds New Apple Music Icon
12 hours ago
HomePod Mini 2 Works as Default Speaker With Select Macs
HomePod Mini 2 Works as Default Speaker With Select Macs
13 hours ago
Elevation Lab Pulls AirTag Silencer After Stalking Concerns
Elevation Lab Pulls AirTag Silencer After Stalking Concerns
13 hours ago
iOS 27.2 Beta 4 Removes New Health App
iOS 27.2 Beta 4 Removes New Health App
13 hours ago
iPhone Duo Will Have Day-One iOS 27.1 Update
iPhone Duo Will Have Day-One iOS 27.1 Update
14 hours ago
Where to Pre-Order Apple's New HomeView, HomePod Mini 2, and Apple TV 4K
Where to Pre-Order Apple's New HomeView, HomePod Mini 2, and Apple TV 4K
14 hours ago
Apple Releases New AirPods Beta Firmware
Apple Releases New AirPods Beta Firmware
15 hours ago
Apple Seeds Fourth macOS Golden Gate 27.2 Beta to Developers
Apple Seeds Fourth macOS Golden Gate 27.2 Beta to Developers
15 hours ago
Apple Releases Fourth iOS 27.2 Beta
Apple Releases Fourth iOS 27.2 Beta
15 hours ago
Apple Releases Fourth watchOS 27.2 and visionOS 27.2 Betas
Apple Releases Fourth watchOS 27.2 and visionOS 27.2 Betas
16 hours ago
Anker and Jackery Offer Prime Day Encore Discounts on Power Stations
Anker and Jackery Offer Prime Day Encore Discounts on Power Stations
16 hours ago
New Apple TV 4K and Siri Remote Have These 14 New Features
New Apple TV 4K and Siri Remote Have These 14 New Features
16 hours ago
HomeView Runs Third-Party Apps From Your iPhone or iPad
HomeView Runs Third-Party Apps From Your iPhone or iPad
17 hours ago
RIP, homeOS
RIP, homeOS
17 hours ago
New Apple TV 4K Supports Surround Sound via Four HomePods
New Apple TV 4K Supports Surround Sound via Four HomePods
17 hours ago
Apple Says HomePod Mini 2 Won't Support Siri AI Right Away
Apple Says HomePod Mini 2 Won't Support Siri AI Right Away
18 hours ago
HomeView Can Dim to Apple's Lowest-Ever Display Brightness
HomeView Can Dim to Apple's Lowest-Ever Display Brightness
18 hours ago
New Apple TV 4K Adds Far-Field Microphones for Hands-Free Siri
New Apple TV 4K Adds Far-Field Microphones for Hands-Free Siri
18 hours ago
Apple Details HomeView's Audio Hardware
Apple Details HomeView's Audio Hardware
18 hours ago
Apple Shares Videos for HomeView, Apple TV 4K, and HomePod Mini 2
Apple Shares Videos for HomeView, Apple TV 4K, and HomePod Mini 2
18 hours ago
HomeView Comes in Four Colors, but Wall-Mounted Model Gets Just Two
HomeView Comes in Four Colors, but Wall-Mounted Model Gets Just Two
18 hours ago
Older Apple TV 4K Models to Gain Apple Intelligence and Siri AI Support
Older Apple TV 4K Models to Gain Apple Intelligence and Siri AI Support
19 hours ago
HomeView Brings Guided Recipes and Hands-Free Timers to the Kitchen
HomeView Brings Guided Recipes and Hands-Free Timers to the Kitchen
19 hours ago
New Siri Remote is $59 and Compatible With These Apple TV Models
New Siri Remote is $59 and Compatible With These Apple TV Models
19 hours ago
HomeView's Wall Model: Pay More, Get Less Speaker
HomeView's Wall Model: Pay More, Get Less Speaker
19 hours ago