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November 11, 2020 2:50:08 pm
Attendees play a life-size jump royale game at the Epic Games Inc. Fortnite video game booth during the E3 Electronic Entertainment Expo in Los Angeles, California, USA, on Tuesday, June 11, 2019. For three days, leading companies E3 showcases innovative technologies and never-before-seen products. Photographer: Patrick T. Fallon / Bloomberg
Epic Games Inc on Tuesday won the dismissal of two tort claims from Apple Inc in a dispute over access to its popular video game “Fortnite” on the iPhone maker’s App Store.
The battle between Apple and Epic centers on a part of the purchases in Fortnite. Epic launched a payment system that bypassed Apple’s App Store, so the iPhone maker didn’t get a cut. Later, Apple blocked new users from downloading Fortnite on its platform, but existing copies of Fortnite can still use Epic’s system.
Epic sued Apple on August 13, claiming that the removal of the Fortnite app from the App Store was in “retaliation” for the game’s maker’s decision to offer in-app purchases through its own marketplace. Epic was denied a court order in late August that would have temporarily prevented Apple from delisting Fortnite.
Apple escalated the dispute, filing a counterclaim in September to prevent the game’s maker from using its own payment system for Fortnite. Apple also accused Epic of theft and sought additional monetary damages beyond breach of contract. But a judge did not believe the argument at a hearing Tuesday.
“This is a high-risk breach of contract case and an antitrust case and that’s it in my opinion,” US District Judge Yvonne Gonzalez Rogers told attorneys.
“You can’t just say it’s illegal regardless,” Apple attorney Anna Casey told Epic’s conduct. “You actually have to have facts.”
The judge dismissed both claims. The rest of the breach of contract case progresses.
Apple said it disagreed with the judge, but added that it is clear that Epic breached its contract with the company.
“Epic enabled a feature in their app that was not reviewed or approved by Apple, and they did so with the express intention of violating App Store guidelines that apply equally to all developers selling digital goods and services,” he said. Apple in an email. statement. “His reckless behavior turned clients into pawns, and we hope to do well for them in court next May.”
