Judge in Apple v. Epic Case Sides With Apple on Fortnite and Epic on Unreal Engine [Updated]

Apple last week sent a letter to Epic Games letting the company know that if it does not comply with the App Store rules and remove direct payment options from Fortnite, that all of Epic's developer accounts and access to Apple development tools will be terminated on August 28.

fortnite apple logo 2
That would impact Fortnite, other Epic Games, and the Unreal Engine used by third-party developers. Epic in response asked a Northern California court to stop Apple from ending Epic's ‌App Store‌ access with a temporary restraining order (TRO), and there was a court hearing on the matter today.

Right when the hearing kicked off, Judge Yvonne Gonzalez Rogers, who is overseeing the case, said that she was inclined to not grant relief with respect to games (including Fortnite), but that she was inclined to grant relief with respect to the Unreal Engine used by third-party developers. Rogers said that Epic created the current situation with Fortnite and could undo it by reverting to the status quo, so if her initial opinion is any indication of the outcome, we could see a restraining order that blocks Apple from restricting access to the Unreal Engine, but permits Apple to terminate the ‌Epic Games‌ developer account.

Your client created the situation. Your client doesn't come to this court with clean hands. Epic made a strategically and calculated move to breach, and decided to breach right before a new season. So in my view, you cannot have irreparable harm when you create a harm yourself.

All Epic has to do is take it back to the status quo and no one suffers any harm. And you can have a trial date in the spring. Flip the switch to the way it was August 3rd and return everybody back to where they were.

Lawyers for Epic and Apple were both able to argue their positions, and given the initial inclinations of the judge, Epic largely focused on arguing why its games should be able to remain in the ‌App Store‌ without changes, while Apple focused on reasons why it should be able to block the Unreal Engine.

Epic's lawyer's argued that asking Epic to capitulate and go back to the status quo is akin to "asking us to require consumers to pay more than they should in a competitive environment" and that it had antitrust implications. "We can't go back into an anticompetitive contract," said Epic's lawyer. Epic also argued about the social aspects of the game, suggesting it was more than a mere game and a vital way to communicate during the pandemic.

Apple's lawyer argued that if Fortnite and other games are blocked from the ‌App Store‌ but development of the Unreal Engine is allowed to continue, Epic could just transfer its bad behavior to other entities. Apple also focused on potential harm to users and the need to enforce contracts, claiming that Epic broke Apple's ‌App Store‌ model, profited by it, and "placed customers in the middle." The judge said that it sounded like Apple was overreaching because Apple has separate contracts with ‌Epic Games‌ and Epic International for the Unreal Engine and one should not impact the other.

The contract with Epic International has not been breached. Apple reached beyond its one contract with Epic Games and is using its hard leverage. It's slammed Epic Games with this additional penalty. It does to me look retaliatory. I don't see any harm to Apple to restrain you from not impacting the Unreal Engine on that platform or the developer's engine. It looks like overreach to me.

Epic argued that the Unreal Engine would be "destroyed" if it's blocked on Apple's platforms because developers use it for cross platform development. Epic's lawyers said that Epic has already heard from developers who are abandoning the Unreal Engine due to Apple's threat. Apple's lawyer in turn said that everything would be resolved if Epic falls in line with the ‌App Store‌ rules and eliminates the direct payment option in Fortnite.

Toward the end of the meeting, the judge said that the battle isn't going to be won or lost with a temporary restraining order, as there is a long legal fight to come, and it's not a "slam dunk" for either company.

There's some measure of a lack of competition and high barriers to market entry. That said, there appears to be evidence that everyone that uses these kind of platforms to sell games is charging 30%. Whether Epic likes it, the industry and not just Apple seem to be charging that. Right now, Epic is paying Apple nothing. Epic itself charges third parties. This battle won't be won or lost on a TRO, and Apple has a reputation of going the distance so it's not surprising they acted the way they did here, but like I said, they overreached.

The judge plans to provide a ruling on the issue in the near future, letting Apple and Epic know whether Apple will be allowed to block Epic from all developer tools and accounts, or whether a temporary restraining order will prevent the Cupertino company from doing so.

Update: The judge overseeing the Apple v. Epic battle has granted a temporary restraining order that will prevent Apple blocking Epic's access to development tools for the Unreal Engine. The judge will not prevent Apple from terminating the ‌Epic Games‌ developer account, which will prevent Fortnite from being updated until Epic complies with the ‌App Store‌ rules.

Epic was unable to demonstrate that Apple's blocking of Fortnite will case irreparable harm as, as the ruling says, "the current predicament appears of [Epic's] own making." Epic was, however, able to demonstrate a "preliminary showing of irreparable harm" related to the revocation of Apple's developer tools for the Unreal Engine.

The judge points out that Epic International, separate from ‌Epic Games‌, is responsible for the Unreal Engine development, and Epic International has "separate developer program license agreements with Apple and those agreements have not been breached." Apple had argued that it routinely terminates agreements for all linked developer accounts, which it will not be able to do in this case. From the ruling:

Thus, in focusing on the status quo, the Court observes that Epic Games strategically chose to breach its agreements with Apple which changed the status quo. No equities have been identified suggesting that the Court should impose a new status quo in favor of Epic Games. By contrast, with respect to the Unreal Engine and the developer tools, the Court finds the opposite result. In this regard, the contracts related to those applications were not breached. Apple does not persuade that it will be harmed based on any restraint on removing the developer tools. The parties' dispute is easily cabined on the antitrust allegations with respect to the App Store. It need not go farther. Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In this regard, the equities do weigh against Apple.

Under the terms of the ruling, Apple is temporarily restrained from taking adverse action against ‌Epic Games‌ with respect to restricting, suspending, or terminating any affiliate of ‌Epic Games‌, such as Epic International, from Apple's Developer Program, which mean Epic can continue to work on and distribute the Unreal Engine. The restraining order goes into effect immediately and will remain in force until the court issues an order on the motion for preliminary injunction.

The hearing for the preliminary injunction is set to take place on Monday, September 28, 2020.

Top Rated Comments

weup togo Avatar
14 months ago
It's worth noting that this has zero implications for how the trial itself will go. She's solely addressing emergency intervention by the court.
Score: 34 Votes (Like | Disagree)
duervo Avatar
14 months ago
Everything else aside ... Fortnite is more than just a game, and is a vital way to communicate during the pandemic?

WTH?

“Hey, mom and dad, log into Fortnite so we can talk yo”

“For today’s virtual team meeting, as a reminder ... we have discontinued the use of Microsoft Teams. Make sure you have Fortnite installed on your company laptops. If you need help, contact the IT department for assistance.”
Score: 33 Votes (Like | Disagree)
Apple_Robert Avatar
14 months ago
Epic is trying to bully Apple into changing the app store requirements and trying to use this case as a battering ram to get their way and others that agree with them. i don’t see Epic winning.
Score: 29 Votes (Like | Disagree)
easy4lif Avatar
14 months ago
I’ll be the proud owner of an iPhone 15 when this finally ends.
Score: 28 Votes (Like | Disagree)
TonnyM Avatar
14 months ago
Epic is delusional. Apple will eventually address AppStore issues, some changes have to be made, however they way Epic acted was greedy and reckless. It hurts the cause, it hurts developers, it hurts the users who were taken as hostages.
Score: 25 Votes (Like | Disagree)
Realityck Avatar
14 months ago

Give it up Epic!
its game over for you. Apple won.
Look at the court session before you start going with that thought.
Score: 21 Votes (Like | Disagree)

Top Stories

apple california streaming event

Apple Event Announced: 'California Streaming' on September 14 With iPhone 13, Apple Watch Series 7 Expected

Tuesday September 7, 2021 9:03 am PDT by
Apple today announced that it will be holding a special event on Tuesday, September 14 at 10:00 a.m. The event will take place at the Steve Jobs Theater on the Apple Park campus in Cupertino, California. As with WWDC and last year's fall events, this new event will be held digitally with no members of the media invited to attend in person. Apple will likely provide pre-taped segments for...
Apple Prefer Lightning Over USB C Feature

iPhone Sticking With Lightning Port Over USB-C for 'Foreseeable Future'

Tuesday March 2, 2021 9:32 am PST by
Apple will retain the Lightning connector on the iPhone for the "foreseeable future," with no intention of switching to USB-C, according to reliable analyst Ming-Chi Kuo. In spite of much of the industry moving toward USB-C, Apple will not be using it to replace the Lightning connector on the iPhone 13, or indeed on any iPhone model for the time being. In a note seen by MacRumors yesterday,...
iphone 12 colors 2021

iPhone 12 Colors: Deciding on The Right Color

Thursday November 5, 2020 8:35 am PST by
The iPhone 12 and iPhone 12 Pro arrived in October 2020 in a range of color options, with entirely new hues available on both devices, as well as some popular classics. The 12 and 12 Pro have different color choices, so if you have your heart set on a particular shade, you might not be able to get your preferred model in that color. iPhone 12 mini and iPhone 12 The iPhone 12 mini and iPhone...
it home ecommerce app iphone 13

iPhone 13 to Launch on September 17, AirPods 3 on September 30, Claims Report

Wednesday August 25, 2021 2:42 am PDT by
Apple may be planning to launch the iPhone 13 on Friday, September 17 and third-generation AirPods on Thursday, September 30, according to an image of an e-commerce app discovered by Chinese language site IT Home. The screenshot, originally posted by Weibo account @PandaIsBald, suggests all four iPhone 13 models will go on sale on September 17, followed by the AirPods 3 on September 30....
youtube apple tv

YouTube Discontinuing 3rd-Generation Apple TV App, AirPlay Still Available

Wednesday February 3, 2021 3:09 pm PST by
YouTube is planning to stop supporting its YouTube app on the third-generation Apple TV models, where YouTube has long been available as a channel option. A 9to5Mac reader received a message about the upcoming app discontinuation, which is set to take place in March.Starting early March, the YouTube app will no longer be available on Apple TV (3rd generation). You can still watch YouTube on...
original iphone

Phil Schiller Says iPhone Was 'Earth-Shattering' Ten Years Ago and Remains 'Unmatched' Today

Monday January 9, 2017 7:15 am PST by
To commemorate the tenth anniversary of the iPhone, Apple marketing chief Phil Schiller sat down with tech journalist Steven Levy for a wide-ranging interview about the smartphone's past, present, and future. The report first reflects upon the iPhone's lack of support for third-party apps in its first year. The argument inside Apple was split between whether the iPhone should be a closed...
studio buds family

Beats Studio Buds Debuting Today With Active Noise Cancellation, Stemless Design, and More for $150

Monday June 14, 2021 8:00 am PDT by
We've seen a lot of teasers about the Beats Studio Buds over the past month since they first showed up in Apple's beta software updates, and today they're finally official. The Beats Studio Buds are available to order today in red, white, and black ahead of a June 24 ship date, and they're priced at $149.99. The Studio Buds are the first Beats-branded earbuds to truly compete with AirPods...
maroon5memories

Apple Collaborates With Maroon 5 to Add 'Memories' Song to Photos App

Wednesday September 25, 2019 12:02 pm PDT by
Apple has teamed up with Maroon 5 to add the group's new song "Memories" to the Memories feature in the Photos app, allowing it to be used for photo slide show creations, reports Billboard. "Memories" will be available as a soundtrack option for a limited time and it is available to iPhone and iPad users running the latest iOS 13 and iPadOS software. Memories in the Photos app are created ...
ulysses Blog Publishing

Ulysses 22 Brings New Blogging Options and Visual Customizations

Monday March 22, 2021 5:24 am PDT by
Popular writing app Ulysses today received its 22nd major release, introducing new publishing features and additional options for users to customize the visual appearance of their writing environment. As well as providing a focused writing environment, Ulysses offers ways to publish texts from within the app to various blogging platforms. Version 22 adds the ability to publish to Micro.blog, ...
affinity designer contour tool

Serif Updates Affinity Photo, Designer, and Publisher With New Tools and Functions

Thursday February 4, 2021 1:58 am PST by
Serif today announced across-the-board updates for its popular suite of Affinity creative apps, including Affinity Photo, Affinity Designer, and the Apple award-winning Affinity Publisher for Mac, all of which were among the first professional creative suites to be optimized for Apple's new M1 chip. "After another year which saw record numbers of people switching to Affinity, it's exciting to...