Epic Games Says Court 'Reached the Wrong Answer' and Made 'Multiple Legal Errors' in Apple Fight

Epic Games and Apple are continuing with their legal dispute, and today, ‌Epic Games‌ filed its Appeal Reply and Cross-Appeal Response Brief, following Apple's appeal filing back in March.

fortnite apple featured
In the filing, ‌Epic Games‌ reiterates many of the same arguments that it made during the trial. The company believes that the district court "reached the wrong answer" and made "multiple legal errors." Apple, says Epic, is ignoring these errors and "employing diversion" to distract the appeals court.

Responding to Apple's claim that sideloading or alternate app stores would compromise the security of the iPhone, ‌Epic Games‌ again points toward the Mac, where apps can be downloaded outside of the Mac App Store. Epic believes the only consequence of support for alternate app stores would be Apple having to "compete for its customers."

Apple also asserts that the relief Epic seeks will compromise the security of the iPhone. But that is untrue. The operating system Apple uses in its Mac computers ("macOS") does not include the challenged restraints found in the iPhone operating system ("iOS"), and Apple consistently touts the Mac's security. Apple also permits multiple alternative payment solutions in the App Store for apps selling physical goods, confirming that the requirement to use Apple's in-app payment solution, IAP, for digital goods serves no procompetitive goal. If Epic prevails, the App Store would not be dismantled. No customer would ever be required to use any of the things Apple complains about--an alternative app store, direct downloads for app distribution, or an alternative payment solution. The difference is that Apple would have to compete for its customers.

The rest of the briefing dismantles Apple's own appeal and points out alleged errors made by both Apple and the court. It can be read in full over on Scribd, for those who are interested.

Going forward, additional briefs will be submitted by Apple and ‌Epic Games‌ before the court decides to set a date to hear the arguments. Apple is expecting a decision by summer 2023 at the earliest, so we will be continuing to hear about the dispute between Apple and ‌Epic Games‌ for another year at a minimum.

Apple has zero intention of reinstating the ‌Epic Games‌ developer account until the legal battle has been settled, so Fortnite will not be returning to the App Store. There are, however, alternatives, as Fortnite can be played on the browser on the ‌iPhone‌ or the iPad through Fortnite support on Microsoft's Xbox Cloud Gaming platform or GeForce NOW.

Popular Stories

Home Hub Command Center with Dome Base Feature

Apple Working on All-New Operating System

Thursday September 25, 2025 1:11 pm PDT by
Apple is developing an all-new operating system codenamed "Charismatic," according to Bloomberg's Mark Gurman. Apple smart home hub concept based on rumors This is likely Apple's long-rumored "homeOS" operating system. In a report last month, Gurman said both Apple's rumored smart home hub in 2026 and tabletop robot in 2027 will run the new operating system. He said the software platform ...
iOS 26 Battery Glass Feature

iPhone 16 Pro Max 80% Charge Limit: One Year Later, Was It Worth It?

Wednesday September 24, 2025 3:58 pm PDT by
With the iPhone 15 series, I did an experiment and kept my iPhone's Charge Limit set at 80 percent for an entire year. It provided an interesting look at the impact of charge limits on battery longevity, so I decided to repeat it for the iPhone 16 line. Since September 2024, my iPhone 16 Pro Max has been limited to an 80 percent charge, with no cheating. As of today, my battery's maximum...
AirPods Pro 3 Newsroom

Apple's 'Back to School' Offer Ends Soon, Now Applies to AirPods Pro 3

Wednesday September 24, 2025 7:20 am PDT by
Apple's annual "Back to School" promotion for students ends soon, so act fast if you want to score free AirPods with the purchase of an eligible new Mac or iPad. Until Tuesday, September 30, college students and qualifying educational staff in the U.S. can receive free AirPods 4 with Active Noise Cancellation when they purchase an eligible new Mac or iPad from Apple. This is a $179 value. ...
iPhone 17 Pro Colors

Skipped the iPhone 17 Pro? Here's What is Rumored for iPhone 18 Pro

Tuesday September 23, 2025 8:55 am PDT by
While the iPhone 18 Pro and iPhone 18 Pro Max are still a year away, there are already a few rumors about the devices that offer an early look ahead. Below, we have recapped some of the early iPhone 18 Pro rumors so far. This story was published previously, and it has been updated to reflect the latest rumors. Many early rumors prove to be true, but nothing is confirmed yet, and Apple's...
Apple More Personal Siri Ad

Apple Responds to U.S. Class Action Lawsuit Over Delayed Siri Features

Friday September 26, 2025 6:57 am PDT by
In March, Apple delayed the launch of its personalized Siri features, and soon after the company was hit with multiple class action lawsuits over the situation. The plaintiffs said they never would have purchased an iPhone 16, or would have paid less, had they known Apple's marketing about the Siri features was false. In the U.S., all of the complaints were consolidated into one class...
iphone 17 ceramic shield

Regular iPhone 17's USB-C Charging Speeds Tested With Apple Chargers

Friday September 26, 2025 9:01 am PDT by
The website ChargerLAB has tested the standard iPhone 17 model's USB-C charging speeds with a variety of Apple's chargers, from 18W to 140W. The device reached a peak charging speed of around 27W to 28W with these Apple chargers:29W USB-C Power Adapter 30W USB-C Power Adapter 35W Dual USB-C Port Power Adapter 35W Dual USB-C Port Compact Power Adapter 40W Dynamic Power Adapter with 60W Max...
apple tv 4k new orange

Next Apple TV Expected to Launch This Year With These New Features

Monday September 22, 2025 10:00 am PDT by
The next Apple TV is expected to be released later this year, and a handful of new features and changes have been rumored for the device. Below, we recap what to expect from the next Apple TV, according to rumors. Likely Features N1 Chip With Wi-Fi 7 Last year, Bloomberg's Mark Gurman said the next Apple TV would be equipped with Apple's own combined Wi-Fi and Bluetooth chip, which is...
maxresdefault

Review: A Week With the iPhone 17 Pro

Friday September 26, 2025 12:51 pm PDT by
Apple's iPhone 17 models have been out for a week now, so we thought we'd do a longer-term review of the flagship iPhone 17 Pro and Pro Max now that we've been able to spend more time with them. Subscribe to the MacRumors YouTube channel for more videos. MacRumors videographer Dan Barbera has a Silver iPhone 17 Pro and a Cosmic Orange iPhone 17 Pro Max, and despite a lot of concern over...

Top Rated Comments

GizmoDVD Avatar
44 months ago
Epic still acting like a sore loser. Nothing new.

I'm glad they are losing hundreds of millions because of this.

I keep redeeming all those weekly free games as well, which costs them money, with zero intentions of ever loading their software on my computers.
Score: 30 Votes (Like | Disagree)
Realityck Avatar
44 months ago
It was Epic's choice to start this whole mess. Couldn't work something out without creating issues for all Apple users including MacOS when that wasn't even involved.
Score: 18 Votes (Like | Disagree)
cocky jeremy Avatar
44 months ago
Give it up, losers.
Score: 16 Votes (Like | Disagree)
ponzicoinbro Avatar
44 months ago
I will now make Epic excuses for my Epic fails.
Score: 14 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
44 months ago
No, they didn’t Epic games. Epic Games made the wrong choices by calling out Apple. They got greedy and wanted Apple’s money. Until then, Epic Games will continue to lose money every single day.
Score: 11 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
44 months ago

Epic is just whining...
They have been for years now. It’s a losing battle for them. Things are not looking so good.
Score: 8 Votes (Like | Disagree)