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

imac video apple feature

Apple Released Yet Another New Product Today

Friday March 20, 2026 2:39 pm PDT by
Apple has unveiled a whopping nine new products so far this March, including an iPhone 17e, iPad Air models with the M4 chip, MacBook Air models with the M5 chip, MacBook Pro models with M5 Pro and M5 Max chips, the all-new MacBook Neo, an updated Studio Display, a higher-end Studio Display XDR, AirPods Max 2, and now the Nike Powerbeats Pro 2. iPhone 17e features the same overall design as...
ios 26 4 pastel

iOS 26.4: Top 10 New Features Coming to Your iPhone

Friday March 20, 2026 2:44 pm PDT by
iOS 26.4 isn't the major update with new Siri features that we hoped for, but there are some useful quality of life improvements, and a little bit of fun with an AI playlist generator and new emoji characters. Playlist Playground - Apple Music has a Playlist Playground option that lets you generate playlists from text-based descriptions. You can include moods, feelings, activities, or...
iPhone 18 Pro Deep Red Feature

iPhone 18 Pro Launching Later This Year With These 12 New Features

Wednesday March 18, 2026 7:39 am PDT by
While the iPhone 18 Pro and iPhone 18 Pro Max are not expected to launch for another six months or so, there are already plenty of rumors about the devices. It was initially reported that the iPhone 18 Pro models would have fully under-screen Face ID, with only a front camera visible in the top-left corner of the screen. However, the latest rumors indicate that only one Face ID component...

Top Rated Comments

GreenPixel Avatar
73 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
73 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
73 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
73 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
73 months ago
Epic = shoplifter
Score: 33 Votes (Like | Disagree)
GreenPixel Avatar
73 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)