Apple Does Not Need to Return Fortnite to App Store, Judge Rules

Epic has said it wants Apple to change its requirements that apps use its payment system and shell out a 30 percent fee. It also wants to operate its own app store within Apple’s.

The companies began fighting in August, when Epic violated Apple’s and Google’s rules by directing Fortnite users to its own payments service. Apple and Google responded by pulling Fortnite from their app stores. Epic then sued both companies, arguing they were breaking antitrust laws.

Apple later also cut off its support for Unreal Engine, Epic’s software development tool that is used by thousands of game makers. Judge Gonzalez Rogers said on Friday that Apple must continue supporting Unreal Engine and could not retaliate against any of Epic’s other affiliated apps or products.

The fight has escalated over the past few weeks. Apple has accused Epic of seeking a special deal for itself, while Epic has accused Apple of cherry-picking out-of-context emails in its legal response.

Other companies have used the battle to criticize Apple. Microsoft filed a declaration in support of Epic and has announced a set of developer-friendly principles for its own app store. Facebook has also recently called out Apple’s 30 percent app fees.

Smaller app makers, normally wary of angering the tech giants, have found strength in numbers. In September, more than a dozen of them, including the music streaming service Spotify, the dating service Match Group and the Bluetooth tracking device maker Tile, formed a nonprofit group called Coalition for App Fairness to push for changes to the app stores.

In a hearing last month, Apple said it was willing to reinstate Fortnite to its app store before a trial if Epic would return to complying with its rules. Judge Gonzalez Rogers proposed an arrangement that would put Apple’s fees from Fortnite in an escrow account until after the trial. But Epic refused, arguing that doing so would be complying with a contract it views as unlawful.

Article source: https://www.nytimes.com/2020/10/09/technology/apple-fortnite-app-store.html