Epic Stomps Their Feet Some More, Free Fortnite!

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Epic Games stomps their feet in protest and asks the courts, again, to force Apple’s hand to allow Fortnite back into the App store, according to Reuters. Epic Games’ fear is that the removal of Fortnite from the Apple App Store will have “irreparable harm” to Fortnite and to Epic Games.

The filing made in the United States District Court for the Northern District of California requests a preliminary injunction to allow Fortnite back into the App Store and restore their developer account that Apple terminated. If you recall, Apple’s termination of Epic Games’ developer account was announced a week and a half prior to the effective date of August 28th. Apple stuck to its word and terminated the account associated with Fortnite due to Epic Games’ blatant disregard and violation of the App Store terms of agreement.

Apple initially attempted to terminate all of the Apple Developer accounts associated with Epic Games, but overseeing Judge Yvonne Gonzalez Rogers ruled in favor of Epic Games, stating the other accounts didn’t violate Apple’s TOA, which means they didn’t breach the contract.

Is Epic Games already feeling the pressure of losing Fortnite sales from the App Store? Both Apple and Epic Games are sticking to their word and fulfilling their promises in what they stated they would do. Epic Games CEO, Tim Sweeney, emailed Apple demanding approval to allow them to include an alternative payment option stating that if they didn’t, he would release it anyway, and they did. Apple stated that if Epic Games doesn’t correct Fortnite and remove the alternative pay they would remove Fortnite and terminate their developer account, and they did.

Judge Yvonne Gonzalez Rogers already stated that Epic Games “strategically chose to breach its agreement with Apple” so it would seem that Epic Games request will be denied but we will have to see next week when the court rules again on the same thing.

What do you think about all of this? Should the courts rule in favor of Epic Games and allow Fortnite back into the Apple App Store despite having ruled against them previously? Who do you think is right and why? Let us know in the comments below!

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Kevin May (TheCleverPotato)

It’s easy to take the stance that Epic is the “little guy” in this fight… But Epic picked the fight in the first place, hoping to win a proverbial game of chicken with the tech behemoth that is Apple. The truth is, Apple stands to lose very little from towing the line that they have been in this kerfuffle. While Epic’s impact in the world of gaming overall is pretty significant, between Fortnite and other games, as well as being the source of the Unreal engine, the truth is, Epic has everything to lose if this doesn’t play out has they had hoped. They will lose revenue from a lot alienated Apple users and it could potentially become a PR nightmare.

Thats not to say I don’t understand why Epic is picking this fight – through its contracts with developers it has managed to impose an pretty hefty price on developers and their customers for the privilege of having their content on the App store. Epic decided now was the time to challenge them on that supremacy. As there is no alternative marketplace to easily get content to an Apple owner’s mobile device, Apple gets to enjoy what is essentially monopolistic control over the revenue stream for sales for anything app related. It is akin to if Microsoft, Sony, or Nintendo built a new console, but only allowed you to buy a game through their own store and no other way. We can all pretty well expect that would NOT go down well. Apple has enjoyed the position it is in, because it has pretty much always been this way, and either everyone accepted it, or they didn’t have an app to do business with their customers.

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