[ad_1]
Shortly before midnight on the Friday before Labor Day weekend (we’re curious about the timing), Epic Games pressed the button in their next legal action against Apple’s ban on the immensely popular Fortnite.
There was no question that Epic would seek a preliminary injunction against Apple in an attempt to force the iPhone maker to file. Fortnite Back on the App Store, hearings were already scheduled for September 28. But now, you can read the company’s full argument (here’s a PDF; it’s also embedded below) and decide if you think Judge Yvonne González Rogers is likely to be swayed.
You may recall that Judge Rogers was no longer willing to issue a temporary restraining order against Apple to protect Epic games, partly because Epic had not proven that it had actually been damaged, and partly because the judge found that Epic “strategically chose to breach their agreements. with Apple ”and was therefore at least partly to blame.
But in the new presentation, Epic argues that more than its reputation has been damaged: “Daily active users on iOS have decreased by more than 60% since the removal of Fortnite from the App Store,” says Epic. (It was measured until September 2, in case you’re curious; at that time Fortnite it had effectively been divided into two different games).
Epic says iOS is the largest platform for Fortnite, also: 116 million registered users, or nearly a third of the 350 million registered users, says Epic Fortnite has attracted in total. It also claims that 63 percent of Fortnite users on iOS access Fortnite on iOS only, and that it is the only way that many people can play the game.
Epic says it is concerned that “I will never see these users again” (referring to the 60 percent decline); What is it Fortnite the gaming community has been torn apart; and that some of its not-Fortnite Clients have also suffered collateral damage. As we reported last week, some of Epic’s other games are no longer available for re-download, and Epic says it is. Shadow Complex Remastered It was also removed from the Mac App Store after Apple terminated Epic’s developer account.
Epic also claims that Apple threatens to deny any attempt to apply for a new developer account “for at least one year,” citing a communication from Apple itself, and argues that the harm it would suffer if it was “denied the opportunity to access even a single new user among the more than 1 billion iOS users for at least the next year ”is a damage worth creating a preliminary injunction.
There is much more to read in the full document. The first motion is 38 pages long, not to mention the appendices Epic added.
Apple didn’t immediately respond to a request for comment, but we really weren’t expecting them to do so at this time.
We’ll see what happens on September 28.
