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

m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
Early Black Friday Deals 1

The Best Early Black Friday Apple Deals on AirPods, Apple Watch, iPad, and More

Saturday November 8, 2025 6:16 am PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
All Screen iPhone 2027 Feature 1

Apple to Hide Selfie Camera Under Display of 20th Anniversary iPhone

Monday November 10, 2025 1:55 am PST by
Apple will conceal the front-facing camera under the screen of its 2027 iPhone, a Chinese leaker said today, corroborating reports that Apple's 20th anniversary iPhone will have no visible cutouts in the display. Weibo-based account Digital Chat Station said Apple's development of under-screen camera technology was progressing as planned for adoption in 2027, one year after it will...
2024 iPhone Boxes Feature

Apple Adjusts Trade-In Values for iPhones, iPads, Macs, and More

Thursday November 6, 2025 11:12 am PST by
Apple today updated its trade-in values for select iPhone, iPad, Mac, and Apple Watch models. Trade-ins can be completed on Apple's website, or at an Apple Store. The charts below provide an overview of Apple's current and previous trade-in values in the U.S., according to its website. Maximum values for most devices either decreased or saw no change, but the iPad Air received a slight bump. ...
Apple fitness plus feature

Future of Apple Fitness+ 'Under Review'

Sunday November 9, 2025 5:30 am PST by
The future of Apple Fitness+ is "under review" amid a reorganization of the service, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman said that Apple Fitness+ remains one of the company's "weakest digital offerings." The service apparently suffers from high churn and little revenue. Nevertheless, Fitness+ has a small, loyal fanbase that...
iphone air thinness

iPhone Air Sales Are So Bad That Apple's Delaying the Next-Generation Version

Monday November 10, 2025 11:41 am PST by
The thin, light iPhone Air sold so poorly that Apple has decided to delay the launch of the next-generation iPhone Air that was scheduled to come out alongside the iPhone 18 Pro, reports The Information. Apple initially planned to release a new iPhone Air in fall 2026, but now that's not going to happen. Since the iPhone Air launched in September, there have been reports of poor sales...
Liquid Glass General Feature

Apple Shares Liquid Glass Design Gallery

Thursday November 6, 2025 2:45 pm PST by
Apple is promoting the new Liquid Glass design in iOS 26, showing off the ways that third-party developers are embracing the aesthetic in their apps. On its developer website, Apple is featuring a visual gallery that demonstrates how "teams of all sizes" are creating Liquid Glass experiences. The gallery features examples of Liquid Glass in apps for iPhone, iPad, Apple Watch, and Mac. Apple...
iOS 26

iOS 26.1 Available Now With These 8 New Features

Monday November 3, 2025 5:54 am PST by
Following more than a month of beta testing, Apple released iOS 26.1 on Monday, November 3. The update includes a handful of new features and changes, including the ability to adjust the look of Liquid Glass and more. Below, we outline iOS 26.1's key new features. Liquid Glass Toggle iOS 26.1 lets you choose your preferred look for Liquid Glass. In the Settings app, under Display...
iPhone Satellite Feature

Apple Developing These 5 New Satellite Features for iPhone

Sunday November 9, 2025 6:07 am PST by
Apple is working on a series of new satellite connectivity features for the iPhone, Bloomberg's Mark Gurman reports. In this week's "Power On" newsletter, Gurman revealed that the new features in development include: Apple Maps via satellite: Navigation in Apple Maps without cellular or Wi-Fi connectivity. Photos in Messages via satellite: Support for sending photos in the Messages...
maxresdefault

In-Depth iPhone Battery Experiment Pits Slow Charging Against Fast Charging

Friday November 7, 2025 1:19 pm PST by
HTX Studio this week shared the results from a six-month battery test that compared how fast charging and slow charging can affect battery life over time. Using six iPhone 12 models, the channel set up a system to drain the batteries from five percent and charge them to 100 percent over and over again. Three were fast charged, and three were slow charged. Another set of iPhones underwent...

Top Rated Comments

GreenPixel Avatar
68 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
68 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
68 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
68 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
68 months ago
Epic = shoplifter
Score: 33 Votes (Like | Disagree)
armandxp Avatar
68 months ago
If this doesn’t make them lose in court, then our system is biased or rigged.
Score: 24 Votes (Like | Disagree)