Epic Games Unlikely to Win Injunction in Ongoing Fortnite Battle With Apple, Jury Trial Possible

The ongoing legal dispute between Apple and Epic Games continued on today, with a preliminary injunction hearing taking place this morning. We're still waiting to hear the judge's official ruling, but it looks like Epic is not going to be granted an injunction to allow Fortnite back into the App Store as the case unfolds.

fortnite apple logo 2
Many of the arguments that lawyers for Apple and ‌Epic Games‌ made were similar to the original arguments made in the hearing for the temporary restraining order, which did not exactly go in Epic's favor as Judge Yvonne Gonzalez Rogers, who is overseeing the case, declined to order Apple to allow Fortnite back into the store at that time.

‌Epic Games‌ continued to argue that Apple has an ‌App Store‌ monopoly and charges excessive fees, but the judge pointed out that the 30 percent rate that Apple collects is the "industry rate" collected by PlayStation, Xbox, Nintendo, Amazon, Walmart, Best Buy, Google, and more. "It's all 30 percent and you just want to gloss over it," the judge said to Epic's lawyers.

In response, Epic claimed that consoles are "different" because the hardware is sold at a loss, but the judge was unconvinced. "There doesn't seem to be evidence supporting what you're saying," she said.

Epic said that it wants to create its own store to distribute apps on iOS, but Apple's anticompetitive behavior prohibits it. In response, Apple's lawyers said the request was an indictment of Apple's "entire business model" focused on the "safety, security, and privacy of its users."

Judge Rogers questioned Epic on when, exactly Apple became a monopoly given that its ‌App Store‌ rules have remained unchanged since the ‌App Store‌ launched, which Epic had no solid answer for, responding only that it was a monopoly when Fortnite came to iOS in 2018. She also said that walled gardens have existed for four decades and that what Apple's doing isn't too different. "They created a platform," she said.

She also reiterated that ‌Epic Games‌ made a "calculated decision" to defy Apple's ‌App Store‌ rules, and the court doesn't provide injunctions for contractual disputes. Epic was "not forthright," she said. "There are people in the public who consider you guys heroes for what you did, but it's not honest."

There was a suggestion that the 30 percent fee Epic is meant to be paying Apple could be put into an escrow account that would be doled out at the end of the legal dispute, which is one potentially way that Fortnite could make it back into the ‌App Store‌ in the near future, but it's not clear if the two companies will agree to that.

As noted by CNET, Judge Gonzalez Rogers recommended that Apple and ‌Epic Games‌ consider a trial by jury, which would ensure that the final judgement is better able to stand up to a future appeal. Apple and Epic will need to request the jury trial, however. Regardless of whether there is a trial by jury, the full case is expected to be heard in July 2021.

Popular Stories

ipad mini 2021 youtube

New Report Reveals When to Expect the iPad Mini 7

Tuesday October 1, 2024 2:09 pm PDT by
Apple is working on a new iPad mini that will "potentially" be released "by the end of 2024," according to a report today from Bloomberg's Mark Gurman. Last month, Gurman reported that Apple had "new iPads in the works," including an upgraded version of the iPad mini. At the time, he said the device was "on deck for Apple's October event" alongside the first M4 Macs. The wording in his...
airpods pro 2 gradient

AirPods Pro 3 Expected Next Year: Here's What We Know

Tuesday October 1, 2024 5:47 am PDT by
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for. Apart from their audio and noise-canceling performance, which are generally regarded as...
apple silicon mac lineup wwdc 2022 feature purple

MacBook Pro, iMac, and Redesigned Mac Mini With M4 Chips on Track to Launch 'This Year'

Tuesday October 1, 2024 1:57 pm PDT by
Apple plans to release new MacBook Pro, iMac, and Mac mini models with the M4 series of chips "this year," according to Bloomberg's Mark Gurman. Gurman initially said these Macs would likely be announced during a virtual event this October, but he has been more vague about the timing lately, with wording such as "in the coming weeks" and now merely "this year." In any case, it is clear that...
15 New Things Your iPhone Can Do in iOS 18

15 New Things Your iPhone Can Do in iOS 18.1

Friday September 27, 2024 6:14 am PDT by
Apple is set to release iOS 18.1 in October, bringing the first set of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update marks a significant step forward in Apple's AI integration, offering a new Siri contextually-aware experience and a range of additional capabilities powered by on-device machine learning and large language models. There are a couple of handy new...
iPhone SE 4 Thumb 2

Apple's Next New iPhone to Debut in the Spring: What to Expect

Tuesday October 1, 2024 3:14 am PDT by
Apple's budget-friendly iPhone SE is set for a major overhaul with a fourth generation model expected to launch in spring 2025. The upcoming model will mark a significant departure from its predecessors, adopting several features from higher-end iPhones while maintaining its position as the most affordable new model in Apple's lineup. According to recent reports, the iPhone SE 4 will sport a ...
iPhone SE 4 Thumb 1

iPhone SE With Apple Intelligence, New iPad Air, and More Reportedly Launching 'Early Next Year'

Tuesday October 1, 2024 12:38 pm PDT by
Apple plans to release a new iPhone SE with Apple Intelligence support, new iPad Air models, and an updated Magic Keyboard for the iPad Air at some point "early next year," according to a report today from Bloomberg's Mark Gurman. The next iPhone SE will have a similar design as the iPhone 14, including an edge-to-edge screen with a notch, according to Gurman. This means the device will...
m3 mbp space black

What to Expect From an Apple Event in October: iPad Mini 7, Redesigned Mac Mini, and More

Friday September 27, 2024 11:47 am PDT by
Apple will likely hold another event in October this year to announce new Macs and iPads. If so, it would be the fourth time in the last five years that Apple has held an event in October. Last year, Apple held a virtual event on Monday, October 30 to announce new MacBook Pro and iMac models with the M3 series of chips. Subscribe to the MacRumors YouTube channel for more videos. Below, we...
Generic iOS 18

iOS 18.0.1 Coming Soon: What to Expect for Your iPhone

Wednesday October 2, 2024 5:50 am PDT by
Following the release of iOS 18 for the iPhone last month, Apple is preparing to release iOS 18.0.1 with bug fixes in the near future. We previously reported that Apple has been internally testing iOS 18.0.1, and today a private account on X with a proven track record of sharing iOS-related information said the update will have a build number of 22A3370. We expect iOS 18.0.1 to be a minor ...

Top Rated Comments

farewelwilliams Avatar
52 months ago
Epic games deserved it.

This is awesome news for indie developers that rely on the 30% to pay for a variety of developer services that Epic doesn't want to pay. People that are rooting for third party stores and/or Epic completely fail to realize this.
Score: 60 Votes (Like | Disagree)
Realityck Avatar
52 months ago
I think the judge knows that EPIC could have contested things differently without their open defiance stance. All they did was alienate all their Apple consumers, good luck getting that back.
Score: 44 Votes (Like | Disagree)
TiggrToo Avatar
52 months ago
This should not be a surprise to anyone who's got even a basic understanding of the case.

However I'm awaiting the howls of "unfair!" from those who worship at the altar of Epic and still think that Epic are still doing this to support and help the indie developers...
Score: 37 Votes (Like | Disagree)
az431 Avatar
52 months ago


Judge Rogers questioned Epic on when, exactly Apple became a monopoly given that its App Store rules have remained unchanged since the App Store launched . . . .
The day that Epic decided that 70% wasn't enough.
Score: 34 Votes (Like | Disagree)
WiseAJ Avatar
52 months ago
I read a twitter thread of the hearing. Epic really doesn't seem at all prepared for this even though they are the ones that asked for it. I think they just assumed that it would be easy and they wouldn't have to provide any real evidence and just say "Apple is a Monopoly" several times.

I also love how the judge commented how no one is entitled to make billions of dollars.
Score: 31 Votes (Like | Disagree)
cmaier Avatar
52 months ago
Judge Rogers was not buying what Epic was selling. She gave their lawyers a very hard time.
Score: 30 Votes (Like | Disagree)