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.

Top Rated Comments

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

Related Stories

fortnite apple logo 2

Epic Games Appeals Ruling in Apple Lawsuit, Claims Court Made Errors

Thursday January 20, 2022 10:29 am PST by
Epic Games today kicked off its appeal of the judge's decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit. Both Apple and Epic Games have decided to appeal the original ruling as neither company was satisfied with the outcome. Epic Games wanted the court to force Apple to support third-party App Stores, which did not...
app store blue banner epic 1

Epic Lost Trial Due to Flawed Argument, Not Legal Error, Apple Says in Appeals Filing

Thursday March 24, 2022 3:32 pm PDT by
Apple's legal battle with Epic Games is continuing on, and today, the Cupertino company filed an opening brief with the United States Court of Appeals for the Ninth Circuit. Both Apple and Epic Games opted to appeal the original ruling in the Epic Games v. Apple case as neither company was satisfied with the outcome. Epic lost, while Apple was subject to App Store changes that are on hold pending ...
fortnite apple featured

Epic Games Pays Apple $6 Million as Ordered by Court

Monday September 13, 2021 3:31 pm PDT by
Epic Games today paid Apple $6,000,000 in royalties, Epic Games CEO Tim Sweeney said on Twitter. As part of the ruling in the ongoing Epic v. Apple legal battle, Epic was last week ordered by the court to pay 30 percent of the revenue that it collected from the Fortnite app using its illicit direct payment option. Back at the start of the dispute between Epic and Apple, Epic added a direct...
fortnite apple featured

Apple Won't Allow Fortnite Back in the App Store Until Legal Battle Ends Due to Epic's 'Duplicitous Conduct'

Wednesday September 22, 2021 9:49 am PDT by
Apple has no plans to allow Fortnite to return to the App Store in the near future, Apple's lawyers told Epic's lawyers this week. Further, Apple does not plan to consider requests for the reinstatement of the Epic Games developer account until the court's judgment is "final and nonappealable," a process that could span years. Apple provided this information to Epic Games after Epic CEO Tim...
maxresdefault

Hands On: Testing Fortnite on iOS Using GeForce NOW

Thursday February 17, 2022 11:54 am PST by
Fortnite has been unavailable to play on the iPhone and iPad since Apple banned it from the App Store in August 2020 amid an ongoing legal battle with Epic Games, but the battle royale game is coming back to iOS devices thanks to Nvidia's GeForce NOW gaming service. Subscribe to the MacRumors YouTube channel for more videos. GeForce NOW is a browser-based gaming service that will allow iPhone ...
fortnite apple logo 2

Epic CEO: Judge's Decision 'Isn't a Win for Developers or for Consumers,' Fortnite Not Immediately Returning to App Store

Friday September 10, 2021 10:37 am PDT by
The year-long dispute between Epic Games and Apple reached a milestone with Yvonne Gonzalez Rogers delivering a middle-of-the road verdict that isn't quite what Epic Games or Apple wanted. Apple will not be required to support third-party app stores as Epic Games pushed for, but Apple will have to let developers offer "buttons, external links, or other calls to action" to direct customers to ...
app store blue banner epic 1

Epic Games CEO Renews Attack on Apple and Calls for Single, Universal App Store

Tuesday November 16, 2021 3:31 am PST by
Epic Games CEO Tim Sweeney has today renewed his attack on Apple and called for a single, universal app store that works across all platforms (via Bloomberg). Last year, Epic's popular game "Fortnite" became the subject of heated litigation with Apple and Google over the rate of commission on in-app purchases. After Epic broke App Store rules by implementing a direct payment option, the game ...
app store blue banner epic 1

Epic vs. Apple Takes a Twist As 35 US States and Department of Justice Weigh in to Back 'Fortnite' Maker

Friday January 28, 2022 4:27 am PST by
Apple is stifling competition with its monopoly on app distribution through the App Store, attorneys general for 35 states told a California appeals court on Thursday. The joint statement was submitted into the appeals process that is ongoing following the judge's decision in the Epic v. Apple lawsuit, with the attorneys general siding with the "Fortnite" video game maker on the issue,...

Popular Stories

top stories 2jul2022

Top Stories: M2 MacBook Air Release Date, New HomePod Rumor, and More

Saturday July 2, 2022 6:00 am PDT by
The M2 MacBook Pro has started making its way into customers' hands and we're learning more about how it performs in a variety of situations, but all eyes are really on the upcoming M2 MacBook Air which has seen a complete redesign and should be arriving in a couple of weeks. Other top stories this week included a host of product rumors including additional M2 and even M3 Macs, an updated...
Mac Studio IO

Apple Begins Selling Refurbished Mac Studio Models

Thursday June 30, 2022 7:42 pm PDT by
Apple today began selling refurbished Mac Studio models for the first time in the United States, Canada, and select European countries, such as Belgium, Germany, Ireland, Spain, Switzerland, the Netherlands, and the United Kingdom. In the United States, two refurbished Mac Studio configurations are currently available, including one with the M1 Max chip (10-core CPU and 24-core GPU) for...
macbook air m2

Exclusive: Apple Plans to Launch MacBook Air With M2 Chip on July 15

Wednesday June 29, 2022 5:23 pm PDT by
The redesigned MacBook Air with the all-new M2 Apple silicon chip will be available for customers starting Friday, July 15, MacRumors has learned from a retail source. The new MacBook Air was announced and previewed during WWDC earlier this month, with Apple stating availability will begin in July. The MacBook Air features a redesigned body that is thinner and lighter than the previous...
13 inch macbook pro m2 mock feature 2

M2 MacBook Pro Much Slower Than Previous Model

Friday July 1, 2022 2:24 am PDT by
Apple's new 13-inch MacBook Pro with the M2 chip features a significantly slower SSD compared to the previous model, resulting in poorer performance in some workflows, it has been discovered. Specifically, it has been found that the $1,299 base model with 256GB of storage has significantly slower SSD read and write speeds compared to the equivalent previous-generation 13-inch MacBook Pro....