Epic Games Asks Judge to Force Apple to Approve Fortnite for US App Store

Epic Games on Friday filed a court motion asking District Judge Yvonne Gonzalez Rogers to order Apple to approve Fortnite for the US App Store, in another escalation of the ongoing legal battle between the two companies.

fortnite apple featured
In the filing, Epic claims Apple is in contempt of the judge's April order that restricted Apple from rejecting apps over their use of outside payment links. Epic argues that Apple's refusal to review its Fortnite submission until after a pending Ninth Circuit ruling amounts to retaliation for its legal challenges.

According to a letter from Apple shared by Epic, Apple stated it "won't take action on the Fortnite app submission until after the Ninth Circuit rules on our pending request for a partial stay of the new injunction." Epic contends this delay violates Apple's previous assurances to both Epic and the court that it would approve Fortnite if the app complied with Apple's guidelines.

The dispute has already affected Fortnite's availability globally. Epic claims its game disappeared from the EU App Store on Friday because of Apple's decision to block its US submission. Apple countered by asking Epic to resubmit the app without including the US storefront "so as not to impact Fortnite in other geographies."

Epic is seeking enforcement of the court's injunction, a contempt ruling against Apple, and a requirement that Apple "accept any compliant Epic app, including Fortnite, for distribution on the U.S. storefront of the App Store."

The case hinges on whether Judge Gonzalez Rogers will find Apple in contempt again, as she did in her April 30 ruling where she expressed frustration with Apple's compliance efforts.

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Top Rated Comments

germanbeer007 Avatar
13 weeks ago
Tim Sweeney is super whiney
Score: 37 Votes (Like | Disagree)
Nugat Trailers Avatar
13 weeks ago

Yeah Petty is not a great look for Apple, especially with the multiple lawsuits they’re dealing with on several fronts currently.
Just approve the game and move on so both sides can stop talking about it and gamers can be happy. Is that really such a big ask?
Bold of you to assume Tim Sweeney will EVER shut up about Apple and Fortnite.
Score: 31 Votes (Like | Disagree)
Wanted797 Avatar
13 weeks ago

Yeah Petty is not a great look for Apple, especially with the multiple lawsuits they’re dealing with on several fronts currently.
Just approve the game and move on so both sides can stop talking about it and gamers can be happy. Is that really such a big ask?
hahaha I don't think Apple is going to let Epic win that easily. They have no obligation to approve the US Store game.
Score: 30 Votes (Like | Disagree)
thiscatisfat Avatar
13 weeks ago

Interesting. Apple removed Fortnite originally on the basis that it allowed outside payment links. Judge ruled that Apple can block anyone for good reason, but not for outside payment links.

Did the judge forget to order Fortnite back on the App Store due to Apple failing to provide good cause after numerous depositions and trial testimony? Or will the judge let Apple simply reject any app for any reason it comes up with except outside payment links (essentially neutering the judges own order since Apple always blames security without basis)?
Apple removed Fornite originally on the basis that they knowingly and intentionally broke the rules that they agreed to at the time. That alone is enough for a justified lifetime ban.
Score: 24 Votes (Like | Disagree)
mrochester Avatar
13 weeks ago

Interesting. Apple removed Fortnite originally on the basis that it allowed outside payment links. Judge ruled that Apple can block anyone for good reason, but not for outside payment links.

Did the judge forget to order Fortnite back on the App Store due to Apple failing to provide good cause after numerous depositions and trial testimony? Or will the judge let Apple simply reject any app for any reason it comes up with except outside payment links (essentially neutering the judges own order since Apple always blames security without basis)?
Apple originally removed Fortnite because Epic introduced their own IAP, not a link to an outside payment.

Apple cannot be forced to do business with Epic no matter how compliant their app is.
Score: 24 Votes (Like | Disagree)
iamdamian Avatar
13 weeks ago
Previous judge already ruled that Apple is legally allowed to ban Epic from the App Store.

I'm pretty unhappy with Apple these days. But I'm totally behind Cook on this one.

Sweeny needs to learn he cant have his cake and eat it.

Epic made a contract with Apple eons ago, by placing an App on the App store. Now Sweeny isn't happy with the terms of that contract Epic willingly entered into, he wants it all his own way, whilst also setting up his own App Store and levying a fee for it too! Hypocrisy at its finest.

Never been a gamer. Never had feelings toward Epic either way. but these days I dislike them more than I do Apple!

I REALLY hope the judge sides with Apple on this one.
Score: 23 Votes (Like | Disagree)