Counterattack in the Fortnite dispute: Apple is seeking damages from Epic

The dispute between Apple and Epic Games continues. In a countersuit, Apple is now seeking damages from the Fortnite developers.

In a filing published on Tuesday, Apple describes the reasons for its own lawsuit against Epic Games. In the document, the iPhone manufacturer claims damages for Epic’s breach of contract.

Apple says that “Epic’s lawsuit is nothing more than a basic disagreement over money”. They further state that Epic presents itself as a “modern corporate Robin Hood”. “In reality”, Apple says, “it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store”.

For many years, Epic has taken “advantage of everything the App Store had to offer”. The same applies to the use of Apple’s tools, technologies, software, marketing opportunities, and customer reach.

Epic’s actions have been described several times as “flagrant breach of contract” which allegedly has damaged Apple’s reputation. The Fortnite update, which bypassed Apple’s mechanism for in-app purchases, has earned Epic several million dollars according to Apple. Normally Apple would have received a share of this, if the games would’ve been in compliance with the App Store guidelines.

Epic vs. Apple: Dispute over Fortnite and the App Store rules

In the document, Apple also describes what happened around August 13th when Epic released the Fortnite update mentioned above. This update, which Apple calls a “hotfix”, set the ball rolling for the current lawsuits. In addition to Apple, Epic’s attorneys are also targeting Google and the Play Store. Both Google and Apple had banned Fortnite from their stores after it became known that the in-app purchases were being circumvented.

Epic had recently demanded that Apple list the game on the App Store again. At the same time, however, they refuse to bring the payment options back into line with the current guidelines. After a first hearing in court, judge Yvonne Gonzalez Rogers spoke out against this request. At the same time, however, Apple was prohibited from banning all of Epic’s developer accounts. Apple proceeded to block the account that was used to offer Fortnite. The accounts used to develop the Unreal Engine, which is made by Epic, are not affected at this time.

The next hearing in the current case is currently scheduled for Monday, September 28th, 2020.


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