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Epic Games asks judge to block Apple's removal of 'Fortnite' from app store

Published 08/17/2020, 03:31 PM
Updated 08/17/2020, 10:50 PM
© Reuters. FILE PHOTO: The Apple Inc logo is seen hanging at the entrance to the Apple store on 5th Avenue in New York

By Stephen Nellis

(Reuters) - Epic Games said on Monday it was seeking to block Apple Inc (NASDAQ:AAPL)'s removal of "Fortnite" from its app store and has asked a judge to prevent any retaliatory action against its other games in the store.

In its filing, Epic Chief Executive Timothy Sweeney said "Fortnite" had 350 million registered users as of June 2020, but that Apple's move will stop them from getting the updates needed to play the game's most popular mode - a "Battle Royale" match of up 100 players where the last survivor wins.

"Apple's actions will 'break' Fortnite for millions of existing players," Sweeney wrote, saying Epic updates the game every few weeks. "Because iOS users can no longer update the game, they will be unable to play Fortnite with most other players, who will have the then-current version available on other platforms" such as PCs.

The videogame maker also said Apple will terminate all of Epic Games' developer accounts and cut it off from its development tools starting Aug. 28.

In addition to making its own titles, Epic also makes tools for other game developers such as the Unreal Engine, which helps game developers create three-dimensional graphics. The tool is also used by medical imaging companies and car designers and is used by millions of developers, Epic said.

In its filing, Epic alleged that if Apple cuts off its access to Apple's developers, it will be unable to keep offering the Unreal Engine for Mac and iPhone operating systems, which would in turn affect hundreds of game titles. Some of the games, such as PUBG, have hundreds of millions of players, Epic wrote in its filing.

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"The effects will reverberate well beyond video games; it will affect developers who use the Unreal Engine on Apple products in many fields," Epic said in its filing asking the court to issue an order blocking Apple's move. "The ensuing impact on the Unreal Engine’s viability, and the trust and confidence developers have in that engine, cannot be repaired with a monetary award."

Apple has in the past worked closely with Epic to make Unreal Engine work better on its devices. In 2018, for example, Apple demonstrated how Unreal Engine worked with its latest augmented reality tools at its annual developer conference. After Epic's move to offer direct payments, Apple threatened to end that collaboration, according to documents filed by Epic in the lawsuit.

"The problem Epic has created for itself is one that can easily be remedied if they submit an update of their app that reverts it to comply with the guidelines they agreed to and which apply to all developers," Apple said in a statement late on Tuesday.

"We won't make an exception for Epic because we don't think it's right to put their business interests ahead of the guidelines that protect our customers," the company added.

Apple earlier removed "Fortnite" from its app store for violating in-app payment guidelines prompting Epic to file federal lawsuits challenging the rule.

Epic rolled out a social media campaign with the hashtag #FreeFortnite, urging players to seek refunds from Apple if they lose access to the game, and creating a parody of Apple's famous "1984" television ad.

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Latest comments

30% is a lot but it is free market. if it is that lucrative why isn't more ppl trying to be the next apple. lol. the only way to get there is through market force, more competition in the phone sector = more competitive pricing.
Amazon charges me when i sell products on their website. What is the difference?
apple, android created their ecosystem for past decade and they deserve to get paid for what they have accomplished.
this so call ecosystem has become a monopoly. in time to come all will suffer. if u know what monopoly means.
Monopoly. lol. doesn't epic game have Monopoly in it's fortnite game store, do they plan to open up cash shop to ppl like me so I can design skin and make billions? exactly... everyone has their ecosystem, it is matter of perspective and scope
imo 30% is a bit greedy and its not a fair share for what apple does. imagine every person charging apple for permission to listen to them while they sit next to person with iphone. i would make my guidline and send it to apple and if they dont want to pay they have to cautious whether someone turn on siri near me.
On the other hand: the platform it's their IP, created by them if you want to be in their store you have to follow their rules and the 'user agreement' to even install the tools also created by them. Also music publishers not so long ago had contracts for 70%, today you have... Not that I think 30% it's fair or not, but legally epic don't have the right to set the fee they want to pay, they agree or don't agree with the rules set by Apple and Apple can't say to them that charging 25$ for a digital dress is too much. I also think it's not same thing like the energy sector where the government should regulate. It's a service and the free market should regulate itself.
if 30% isnt fair then why did epic agree to it in the first place?!?! 🤔
30% is a standard fee when it comes to game publishing. If you want to release a game for the playstation, Sony will get a 20-30% cut of every game sold.
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