![]() ![]() And in retaliation, Apple kicked Fortnite out. So they told their fans to pay for their game outside of the Apple app store. And they were sick of paying it, you know, as are, you know, countless other developers. So Epic Games, which makes Fortnite, just took a big swing at Apple over its 30% fee on app downloads.ĬHANG: Thirty percent - that sounds like a lot.ĪLLYN: Yeah, it is, according to Epic. How did Fortnite end up getting kicked out of the Apple app store?ĪLLYN: Yeah, right. We shall prevail.ĬHANG: (Laughter) NPR's Bobby Allyn joins us with more. UNIDENTIFIED ACTOR: (As character) This power is ours and ours alone. That is because the maker of the battle game has launched a real-world battle against Apple, and they announced the legal challenge with a dramatic video. ![]() But its hundreds of millions of worldwide fans will not be able to play it on iPhones or any other Apple devices. ![]() Those arguments will continue to play out in a motion for a preliminary injunction in the case, with a public hearing set for September 28.Fortnite, the hugely popular fantasy adventure game, is releasing its latest version tomorrow. Not even Epic Games gives away its products for free." "While the Court anticipates experts will opine that Apple’s 30 percent take is anti-competitive, the Court doubts that an expert would suggest a zero percent alternative. "Epic Games moves this Court to allow it to access Apple’s platform for free while it makes money on each purchase made on the same platform," Rogers wrote. But Rogers also offered a preview of her feelings on whether Epic was likely to succeed in its legal arguments against Apple's alleged monopoly power over the iOS app marketplace. Monday's hearing was primarily focused on the narrow issue of whether immediate restraining orders were needed to protect Epic from Apple's current and planned actions. "That Epic Games would prefer not to litigate in that context does not mean that 'irreparable harm' exists," Rogers wrote. In her ruling, Rogers describes Epic's "hotfix" insertion of a "Direct Payments" option in Fortnite on iOS as a "calculated decision to breach its allegedly illegal agreements with Apple by activating allegedly hidden code in Fortnite allowing Epic Games to collect directly."Įpic can undo the harm it has incurred by simply deactivating that hotfix and restoring Fortnite to the status quo that existed earlier this month. in my view, you cannot have irreparable harm when you create the harm yourself." "Your client does not come to this action with clean hands. "Your client created this situation," Rogers told lawyers for Epic in Monday night's hearing. ![]() There is currently no "irreparable harm" to Epic, Rogers wrote, because "the current predicament appears of own making." When it comes to Fortnite, however, Rogers largely accepted Apple's argument that any current damage to Epic due to the game's unavailability on iOS has been self-inflicted. "Apple’s reliance on its 'historical practice' of removing all 'affiliated' developer accounts in similar situations or on broad language in the operative contract at issue here can be better evaluated with full briefing," Rogers wrote. In an eight-page ruling issued Monday night, Judge Yvonne Gonzalez Rogers largely accepted Epic's argument that Apple's Xcode and SDK agreement (used for development of Unreal Engine on iOS) is walled off and separate from the Program License Agreement that Epic allegedly breached with its actions regarding Fortnite. At the same time, the judge left in place Apple's current blocking of Fortnite from the iOS App Store after Epic tried to insert an alternative payment platform into the mobile game. Further Reading Microsoft backs Epic against Apple in legal fight over Unreal Engine on iOSA Northern California federal judge has issued a temporary restraining order blocking Apple from going forward with plans to terminate Epic Games' Apple Developer Program account, which would have had a major impact on the development of Unreal Engine on iOS. ![]()
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