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Fortnite’s Rocky Road: Epic Games Accuses Apple of Contempt, Demands App Store Reinstatement

The battle royale saga between Epic Games and Apple continues, with Epic now accusing Apple of contempt of court and demanding that Fortnite be reinstated on the US App Store. The legal skirmish, stemming from Epic’s challenge to Apple’s App Store policies, has taken another dramatic turn, raising questions about compliance, retaliation, and the future of app distribution.

Epic Files Motion, Alleging Apple’s Contempt

In a recently filed motion, Epic is urging District Judge Yvonne Gonzalez Rogers to compel Apple to review and, if compliant with Apple’s guidelines, approve Epic’s submission of Fortnite to the US App Store. Epic argues that Apple is in contempt of the judge’s April order, which restricted Apple from rejecting apps based on their use of external payment links. This latest move underscores the persistent tension between the two tech giants.

The core of the conflict revolves around Epic’s attempt to bypass Apple’s in-app purchase system, which requires developers to pay a commission (typically 30%) on sales. Epic implemented its own direct payment system within Fortnite, leading to its removal from the App Store. This sparked a legal battle that has been ongoing for years, with significant implications for the app ecosystem.

Apple’s Stance: Awaiting Court Rulings

Apple, in a letter shared by Epic, stated that it would not act on the Fortnite app submission until after the Ninth Circuit rules on their pending request for a partial stay of the new injunction. Epic interprets this delay as retaliation for its legal challenge against Apple. Epic maintains that its current submission complies with Apple’s guidelines and that Apple had previously assured them and the court that Fortnite would be approved if it adhered to these guidelines.

A Timeline of Events: From Removal to Resubmission

Following Judge Gonzalez Rogers’ April decision, Epic announced that Fortnite would return to the US App Store. The company has since submitted the game twice. The most recent submission included content from an update to the EU version of the game, aiming to comply with the Digital Markets Act (DMA). However, instead of approving Fortnite in the US, the game became unavailable in the EU App Store.

A Global Quagmire: US vs. EU App Store Dynamics

Epic claims that Fortnite’s removal from the EU App Store was a direct consequence of Apple’s decision to block its US submission. Apple countered that they had simply requested Epic to resubmit the app without the US storefront to avoid impacting Fortnite in other regions. Epic argues that this would necessitate submitting multiple versions of the app, a practice they claim violates Apple’s guidelines.

Epic’s Demands: Enforcement and Reinstatement

Epic is now formally requesting the court to enforce its injunction, find Apple in contempt once again, and mandate that Apple “accept any compliant Epic app, including Fortnite, for distribution on the U.S. storefront of the App Store.” This bold move intensifies the pressure on Apple to reconsider its stance and potentially allow Fortnite back into the App Store.

Throughout the legal proceedings, Judge Gonzalez Rogers has not explicitly mandated Fortnite’s return to the App Store. Her 2021 ruling acknowledged that Epic knowingly breached its developer agreement with Apple. For Epic’s current motion to succeed, the judge would likely need to be convinced that Apple is once again in contempt of court, a sentiment she expressed in her April 30th ruling. The potential advantage for Epic lies in the judge’s apparent frustration with Apple’s conduct, as evidenced by the tone of her previous ruling.

The Potential Impact: A Look at the Bigger Picture

The outcome of this legal battle has far-reaching implications for the app ecosystem. If Epic succeeds in forcing Apple to reinstate Fortnite under these circumstances, it could set a precedent for other developers seeking to challenge Apple’s App Store policies. This could lead to significant changes in how apps are distributed and monetized on iOS devices.

The Stakes for Apple: Maintaining Control of the App Store

For Apple, the stakes are equally high. The company is determined to maintain control over the App Store, which it views as a critical component of its ecosystem and a key source of revenue. Allowing Epic to bypass its in-app purchase system could undermine Apple’s business model and potentially open the door for other developers to follow suit.

The Ongoing Saga: What’s Next?

The legal battle between Epic Games and Apple is far from over. The court’s decision on Epic’s latest motion will be a crucial turning point in the saga. Whether Fortnite returns to the US App Store remains uncertain, but the implications of this case will undoubtedly shape the future of the app economy for years to come. Gamers, developers, and tech enthusiasts alike will be watching closely as this high-stakes drama unfolds.

Stay tuned for further updates as this story develops. The fight for Fortnite’s return is a microcosm of the larger battle over control and innovation in the digital marketplace.

Source: The Verge

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