Fortnite Dispute Between Apple and Epic Games Won't Have Jury Trial

Apple and Epic Games do not want to have a jury trial in their ongoing legal dispute over Fortnite and Apple's App Store policies, according to a filing submitted to the Northern California court handling the case today.

fortnite apple featured
The two companies said they have met and have agreed that both Epic's claims and Apple's counterclaims should be tried by the court with a bench trial at a date to be determined.

Epic and Apple have met and conferred, and the parties agree that Epic's claims and Apple's counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic's consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.

In a counterclaim against ‌Epic Games‌, Apple had originally asked for a trial by jury, but given that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.

There was a preliminary injunction hearing between ‌Epic Games‌ and Apple earlier this week, and during that hearing, the judge suggested that a jury trial might be appropriate to ensure a final judgement that's better able to stand up to appeal, but Apple and ‌Epic Games‌ have declined.

During the preliminary hearing, the judge was hard on ‌Epic Games‌, criticizing the company for the way that it initiated the lawsuit. ‌Epic Games‌ in August added a direct payment option in popular iOS game Fortnite, breaking Apple's ‌App Store‌ rules as the payment option skirted in-app purchases.

Apple then pulled the app from the App Store, and ‌Epic Games‌ filed a pre-prepared lawsuit against Apple, leading to a legal dispute that could take years to resolve. At the current time, Fortnite is not available on Apple devices and Epic's developer account has been terminated.

During Monday's hearing, the judge said that Epic was "not forthright" and had made a "calculated decision" to defy Apple's ‌App Store‌ rules. "There are people in the public who consider you guys heroes for what you did, but it's not honest," she said.

With Apple and Epic declining a jury trial, the case could be heard sometime in July 2021, with a specific date set to be determined by the court.

Top Rated Comments

randyj Avatar
33 months ago
Epic dont know how good they had it.

I tried to sell clothing in a department store years ago. They wanted me to pay for floor space, put all my stuff their on consignment, and then they were going to mark up 100%.
So I had to cover the cost of making the goods, getting them to the store etc, and they made a massive 100% mark up, where I had to cover the cost of goods sold in my share.
And this was to get product in 1 store.

Epic can publish a game and get it in the hands of 1 billion people all over the world, all that distribution handled for them, selling across different currencies etc.

That would have been a dream for anyone only a few years ago.
I have zero sympathy for them.
Score: 58 Votes (Like | Disagree)
nezr Avatar
33 months ago
The Epic Games situation, as summarized by Steve Jobs 10 years ago.

Score: 29 Votes (Like | Disagree)
DoctorTech Avatar
33 months ago
I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Score: 20 Votes (Like | Disagree)
FireFish Avatar
33 months ago
This is a case which in my opinion a jury would screw up the fair verdict. This is a contractual dispute at the core. It is much better to be decided by a legal mind rather than a jury of non-legal minds.
Score: 15 Votes (Like | Disagree)
michaelsviews Avatar
33 months ago

I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Granted there's more to it than this, but in short Apples ball park Apples Rules, they obviously have a signed agreement from Epic, Epic BROKE rules Apple caught them gave them 2 weeks to fix, they didn't fix and Apple locked the switch in Off mode.
Score: 14 Votes (Like | Disagree)
Seoras Avatar
33 months ago
Can't wait for Apple's Marketing machine to turn this to their advantage with "Back to School - buy them a machine that doesn't allow Epic Games so they can't play Fortnite instead of studying"
Score: 9 Votes (Like | Disagree)

Popular Stories

maxresdefault

Apple Announces WWDC 2023 Event Taking Place June 5 to 9

Wednesday March 29, 2023 9:58 am PDT by
Apple today announced that its 34th annual Worldwide Developers Conference will take place from Monday, June 5 to Friday, June 9. Like WWDC 2020, 2021, and 2022, WWDC 2023 will be an online event for the most part, and it will be open to all developers at no cost. Subscribe to the MacRumors YouTube channel for more videos. Apple will provide online sessions and labs, which will allow...
iPhone 15 Pro Buttons CAD Leak

iPhone 15 Pro Low-Energy Chip to Allow Solid-State Buttons to Work When Device is Off or Out of Battery

Wednesday March 29, 2023 1:54 am PDT by
The iPhone 15 Pro and Pro Max will use a new ultra-low energy microprocessor allowing certain features like the new capacitive solid-state buttons to remain functional even when the handset is powered off or the battery has run out, according to a source that shared details on the MacRumors forums. CAD-based render of new solid-state buttons on iPhone 15 Pro models The source of this rumor is ...
CarPlay Phone Call

General Motors to Phase Out Apple CarPlay Starting This Year in EV Transition

Friday March 31, 2023 8:43 am PDT by
General Motors (GM) will phase out Apple CarPlay and Android Auto in its vehicles starting this year, shifting to a built-in infotainment system co-developed with Google (via Reuters). GM owns Buick, Cadillac, Chevrolet, and GMC in the United States. It will stop offering Apple CarPlay and Android Auto starting with the 2024 Chevrolet Blazer, which goes on sale this summer. The company plans ...
iPhone 15 Pro Multi Purpose button Mute Switch Feature Green 2

iPhone 15 Pro Rumored to Feature Multi-Use Action Button Instead of Mute Switch

Wednesday March 29, 2023 7:28 am PDT by
iPhone 15 Pro and iPhone 15 Pro Max models are rumored to feature a customizable Action button like the Apple Watch Ultra, according to a MacRumors forum member who leaked accurate details about the Dynamic Island on iPhone 14 Pro models last year. The source claimed the Action button will replace the Ring/Silent switch that has been included on every iPhone model since 2007. They did not...
iOS 16

iOS 16.4 Now Available for Your iPhone With These 8 New Features

Friday March 31, 2023 8:55 am PDT by
Following six weeks of beta testing, iOS 16.4 was released to the public this week. The software update includes a handful of new features and changes for the iPhone 8 and newer. To install an iOS update, open the Settings app on the iPhone, tap General → Software Update, and follow the on-screen instructions. Below, we have recapped eight new features and changes added with iOS 16.4,...
iOS 17 on Phone Feature

Three New iOS Features Coming to Your iPhone Following Apple Music Classical

Thursday March 30, 2023 7:13 am PDT by
With the Apple Music Classical app and an Apple Pay Later early access program now available, the list of previously-announced iOS features that have yet to launch is beginning to shrink. However, there are still a few features we are waiting for. Below, we have recapped three more iOS features that are expected to launch in 2023, including an Apple Card savings account for Daily Cash,...
apple mixed reality headset concept by david lewis and marcus kane

Kuo: Apple Mixed-Reality Headset May Not Appear at WWDC as Mass Production Pushed Back Yet Again

Thursday March 30, 2023 4:50 am PDT by
Apple has again pushed back mass production of its mixed-reality headset and the device may not appear at this year's Worldwide Developers Conference (WWDC), Apple analyst Ming-Chi Kuo today said. Apple headset concept by David Lewis and Marcus Kane In a tweet, Kuo explained that Apple "isn't very optimistic" about whether the headset will be able to create an "iPhone moment." As a result,...