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Epic Games is still trying to get Apple to reset its Fortnite app on iOS devices. On Friday night, the gaming company filed a motion for a preliminary injunction against Apple’s blocking of Fortnite on iPhones and iPads.
© LIONEL BONAVENTURE / AFP / AFP via Getty Images
This illustration shows the Fortnite app logo for the video game displayed on a tablet in Paris on February 18, 2019 (Photo by Lionel BONAVENTURE / AFP) (Photo credit should read LIONEL BONAVENTURE / AFP via Getty Images)
The court order writing says that more than 116 million players have played Fortnite on iOS, making it the largest platform in the game, larger than its player base on Nintendo Switch, Xbox, PlayStation, PC, or Android.
Charging error
Filed in the US District Court for the Northern District of California, the motion says that “all Epic is seeking is for the Court to prevent Apple from retaliating against Epic for daring to challenge Apple’s misconduct.”
In a statement Saturday to CNN Business, Epic said, “Today we ask the Court to prevent Apple from retaliating against Epic for daring to challenge Apple’s misconduct as our antitrust case progresses.”
Fortnite has been blocked on iOS since August, when Epic introduced a new way for players to buy in-game money directly without paying Apple or Google their usual 30% revenue cut. This move violated Apple and Google app store policies, the tech giants said, and Fortnite pulled out of iOS and Android devices. Later, Epic sued both Apple and Google, accusing them of monopolistic practices.
By stating that Apple monopolizes the distribution and purchase of iOS apps, Epic Games “will have to convince the judge that those are markets to begin with,” John Bergmayer, legal director of consumer rights group Public Knowledge, told CNN Business.
On Saturday, Apple referred CNN Business to its earlier statement, saying that “the court recommended that Epic abide by the App Store guidelines as their case progresses, guidelines they have followed for the past decade until they created this situation. Epic se has denied. ”
The statement continued, “We hope that we can work together again in the future, but sadly that is not possible today.”
The next hearing on Apple’s lawsuit is scheduled for September 28. A judge ruled on August 24 that Apple should not block Epic’s development platform, Unreal Engine, which many developers rely on to create games on Apple devices, but that Fortnite will not be reset.
That decision meant that iOS players with Fortnite downloaded to their phones cannot access the latest updates to the game that were released in late August.
While Apple has maintained that its policies are industry standard and intended to ensure a consistent and secure app experience for consumers, critics say Apple’s 30% fee and the requirements that all payments within the application running through Apple’s payment channels cool the competition.
“I think (Epic winning the lawsuits) would be pretty good for the markets in general,” said Mitch Stoltz, senior attorney at the nonprofit digital rights group Electronic Frontier Foundation. “I would see more experimentation, I would see more business models. I would see more innovation.”
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