Apple and Epic Games won't go to court over the Fortnite controversy until next year, but the conflict is intensifying anyway, with Epic trying to get a court to force Apple to reinstate Fortnite on iOS, claiming that its ouster is causing irreparable damage. It is trying to force them to do so, while at the same time trying to prevent retaliation by blocking the Unreal Engine, which would affect many other developers. This request was partially successful.

Fortnite's status quo of being locked out of iOS will not change; in August, Judge Yvonne Gonzalez Rogers ruled that Apple did not have to reinstate Fortnite, and since then none of Epic's arguments have satisfied her.

In an October 9 court document (cheers, The Verge), Epic's request is called "special relief" and is not "granted as of right"; although Epic chose to breach its contract with Apple, the court found that Apple was "anticompetitive and in violation of antitrust laws."

Epic argued that it should not be assisted in enforcing the agreement.

Since Epic has yet to prove that Apple violated antitrust laws, its argument is not persuasive and Fortnite will not return to Apple devices until either company goes bankrupt.

"In short," Rogers said, "Epic Games cannot simply cry 'monopoly' to rewrite a contract that gives them a one-sided advantage; the damage to their reputation and the Fortnite gaming community cited by Epic Games as other grounds is not a "monopoly." arising from Epic Games' own actions or its strategic decision to breach its contract with Apple do not constitute irreparable harm.

More good news for the Unreal Engine, which Apple sought to remove along with Fortnite, Rogers said Apple's plan to take adverse action against its subsidiaries, collectively known as Epic Affiliates, is "retaliatory." believe that Epic has demonstrated that it will cause irreparable harm.

Apple did not contest this, but argued that historically it has removed its affiliates' developer accounts and tools under similar circumstances and that this damage was self-inflicted. Apple also argued that Epic could plant "secret code" in Unreal Engine and other Epic apps; Rogers was not convinced and granted Epic's motion for a preliminary injunction.

The temporary restraining order was therefore upgraded, ordering Apple to take no action against Epic's affiliates by "restricting, suspending, or terminating Epic's affiliates from Apple's Developer Program," and became effective pending the outcome of the litigation. effective pending the outcome of the lawsuit.

Trial is set for May 3, 2021, with a preliminary hearing set for October 19.