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.

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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.

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Top Rated Comments

GizmoDVD Avatar
26 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
26 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
26 months ago
Give it up, losers.
Score: 16 Votes (Like | Disagree)
ponzicoinbro Avatar
26 months ago
I will now make Epic excuses for my Epic fails.
Score: 14 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
26 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
26 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)