Epic Games asks court to restore Fortnite to App Store, qualifies its eviction as ‘retaliation’

Epic Games is asking the court to restore Fortnite to the App Store, qualifying its expulsion as ‘retaliation’

After Fortnite was banned from the App Store on August 28, Epic Games petitioned judge Yvonne Gonzalez Rogers to restore the game to the Apple Store. At your request the order bringing Fortnite back to the App StoreEpic Games calls Apple’s decision “retaliation”. This is a new legal chapter in a saga that is already in its second month of experience and is likely to continue much longer.

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End Apple’s “brutal revenge.”

Today, we asked the court to stop Apple’s retaliation against Epic for challenging its illegal restrictions while our antitrust case continues. This is a necessary step to free consumers and developers from Apple’s costly anti-competitive investigation. https://t.co/r2XxhitjMp

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— Epic Games Newsroom (@EpicNewsroom) September 5, 2020

In a request of more than 180 pages, Epic Games refers very strictly to Apple. They didn’t just make sure they decided from Cupertino to punish Epic Games Cancel your developer account as well as all related games (Fortnite being the most famous), they continue to argue over an alleged monopoly on Apple’s App Store. The basics of this precaution include:

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• Epic Games has a great chance to win with their monopoly fees.
• Apple is causing irreparable damage to Epic Games and millions of customers.
• The resulting damage falls largely on the side of Epic Games.

Perhaps most striking about the writing is the mention of a metaverse, a sort of “meta-universe”. Epic Games describes it as “a permanent and multifunctional interactive virtual space” in which Fortnite will already include many of these features. Apple would prevent its creation by removing it from the App Store, causing “irreparable damage”.

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An order that is unlikely

The injunction that Epic sought against Apple met with little success. And Judge Gonzalez Rogers refused to act on this a few weeks ago. At this moment prevents the Unreal Engine from entering the fire between the two companies, which says:

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Epic Games is free to keep its agreements with Apple in a state of breach while the litigation continues, but as the Seventh Circuit recognized in the Second City Music case, “the logical way forward is to continue trading while you. .. building business.”

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In other words, Epic Games was free to redirect the situation, remove the hotfix that caused it to violate App Store rules, be repaired, and proceed with the lawsuit. Or not. The judge even went so far as to suggest it by a different route the damage would be the result of “his own decision”. An analysis consistent with that of the Cupertino company.

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Apple has claimed that it is ready to bring Fortnite back to the App Store, provided it fixes the change that caused the conflict. That’s what they said about Cupertino this will not stop her from continuing her fight in court. Epic Games decided to continue to defy Apple’s rules, which resulted in all of its apps being permanently removed from the App Store on August 28th.

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In this case we have to wait for the final decision of the judge. However, everything points to it a more than likely rejection of safeguards requested by Epic Games.

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