SAN FRANCISCO — Epic Games has taken legal action against Apple, asking a district judge to compel the tech giant to review and approve its submission of the popular video game Fortnite to the U.S. App Store. Epic argues that Apple is defying a previous court ruling that limits its ability to block apps based on external payment links.
In a recent letter shared by Epic, Apple indicated it would hold off on processing the Fortnite app submission pending a decision from the Ninth Circuit regarding a request for a partial stay on a new injunction. Epic contends that this delay is a form of retaliation for its ongoing legal battle with Apple. The company emphasizes that Apple has purportedly assured both Epic and the court that it would approve Fortnite if it adhered to the established guidelines, which Epic claims its current submission does.
Epic further asserts that Apple’s decision to block the U.S. submission has impeded its ability to launch the game in the European Union. Apple, for its part, maintains that it has merely requested Epic to submit a version of the app without the U.S. storefront to avoid complications in other markets. However, Epic counters that this requirement effectively necessitates multiple submissions, something it argues goes against Apple’s own guidelines.
In its latest filing, Epic is asking the court to enforce the injunction that was initially issued, deem Apple in contempt again, and mandate that the company accept any compliant app from Epic, including Fortnite, for distribution on the U.S. App Store.
Judge Yvonne Gonzalez Rogers has previously refrained from ordering Fortnite’s reinstatement on the App Store, noting that Epic had intentionally violated its developer agreement with Apple. Legal analysts suggest that the outcome of this latest motion may hinge on the judge’s interpretation of Apple’s actions and whether they constitute contempt of court, as seen in her April ruling.
Observers note that Judge Gonzalez Rogers appeared notably frustrated with Apple in her previous decision, a sentiment that could play a significant role in her consideration of Epic’s current request.
As the legal battle unfolds, the stakes remain high for both companies, with implications that could reshape the app marketplace and set precedents for developer agreements.
Apple did not respond immediately to requests for comment regarding the ongoing litigation.
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