After last month’s bombshell legal ruling forcing Apple to allow the use of external payment processors for in-app purchases on iOS, Epic CEO and founder Tim Sweeney said Epic Games was “going to do everything we can to bring Fortnite back to the iOS App Store.”
That “everything” now includes a legal motion in the District Court of California seeking to force Apple to “accept any compliant version of Fortnite onto the US storefront of the App Store.”
Apple removed Fortnite from the App Store and terminated Epic’s US App Store account in August 2020 after Epic snuck its famous Epic Direct Payments “hotfix” into the game (thereby setting off a yearslong legal battle).
On May 9, though, Epic used an iOS account for its Swedish subsidiary—which was recently used to take advantage of Europe’s DMA policies—to submit a new version of Fortnite to the US App Store.
Epic says the iOS version of Fortnite it recently submitted complies with all Apple policies and court rulings by offering a link to the external Epic Games Store for purchases.
Tim Sweeney, the CEO and founder of Epic Games, stated that the company was “going to do everything we can to bring Fortnite back to the iOS App Store” following last month’s shocking court decision that forced Apple to permit the use of third-party payment processors for in-app purchases on iOS. This “everything” now includes a lawsuit filed in the California District Court to compel Apple to “allow any compliant version of Fortnite onto the US storefront of the App Store.”. “.
In August 2020, Apple banned Fortnite from the App Store and closed Epic’s US App Store account after Epic secretly introduced its well-known Epic Direct Payments “hotfix” into the game, sparking a protracted legal dispute. However, Epic released a new version of Fortnite to the US App Store on May 9 using an iOS account for its Swedish subsidiary, which was recently exploited to circumvent Europe’s DMA regulations.
According to a letter shared by Epic, Apple officially rejected that submission on May 15 and stated that it believes the recent court decisions “do not diminish Apple’s bases and legal right to have terminated Epic Games’ [iOS developer account].”. Apple points out that even with that recent decision, the 2020 “hotfix” that permits Epic Direct Payments within the app instead of through an external storefront would still be against the company’s current legal prohibitions on such transactions.
In its letter, Apple stated that it would not act on the Fortnite app submission until the Ninth Circuit made a decision regarding our ongoing request for a partial stay of the new injunction.
To keep this from “impacting Fortnite in other geographies,” Apple recommended that the Swedish Epic Games account submit an updated version of the game separately, without submitting a listing request to the US App Store. The proposal to submit distinct game versions for various markets, however, is “in violation of [Apple’s] guideline that developers shouldn’t submit multiple versions of the same app,” according to a social media post by Epic. Epic claimed that Apple is essentially “preventing us from releasing our update in the US and EU.”. “.”.
Inform the judge of this.
Epic filed a motion on Friday to compel Apple to comply, claiming that the most recent denial from Fortnite is “blatant retaliation” for Epic’s legal challenge and an attempt to “circumvent this Court’s Injunctions and this Court’s authority.”. “.”.
By providing a link to the external Epic Games Store for purchases, Epic claims that the iOS version of Fortnite that it recently submitted conforms with all Apple policies and court decisions. When compared to in-app purchases made through iOS itself, players could benefit from a 20% purchase discount by using that link.
Epic stated, “The Injunction provides that Apple may no longer reject an app—including Fortnite—because its developer chooses to include an external purchase link, even though Apple’s contracts may permit it to reject an app for lawful reasons.”. “Apple cannot reject an app on the grounds that its developer has attempted to enforce the Injunction’s prohibitions if the Injunction is to have any teeth. “.”.
In other parts of the document, Epic claims that following a nearly five-year legal battle, Apple is “punishing” it and denying it the opportunity to “take advantage of the pro-competitive rules it helped usher in.”. Because they went to court to enforce the injunction, Epic claims that Apple “cannot reject any developer (including Epic) and cannot refuse to deal with Epic as retaliation for Epic’s decision to avail itself of this Court’s Injunction.”. “.
Judge Yvonne Gonzalez Rogers, who has not been particularly fond of Apple in recent weeks, will now take up the case. Her April order criticized the company for its “clear and convincing violation” of her original injunction. She even referred Apple executives to criminal contempt for “outright lying under oath.”. “.”.
At the time, Gonzalez Rogers wrote, “Apple’s persistent attempts to stifle competition will not be tolerated.”. This isn’t a negotiation; it’s an order. Once a party knowingly disobeys a court order, there are no opportunities for improvement. There’s not much time. The Court will not stand for more hold-ups. “.
