Apple vs. Epic: Unreal Engine Saved, but Fortnite Won't Return to iOS in the Foreseeable Future

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Apple vs. Epic: Unreal Engine Saved, but Fortnite Won't Return to iOS in the Foreseeable Future

Lawyers representing Apple and Epic Games appeared before a judge via Zoom on Monday, settling the first major showdown in their lawsuit: Apple has stripped Epic's developer accounts and Fortnite, as well as Unreal Engine, from Apple's platform; Epic claims it will suffer "irreparable harm" if Fortnite is removed and its developer accounts suspended on August 28.

The outcome is in and it is complicated for Epic Games: U.S. District Judge Yvonne Gonzalez Rogers has ruled that Apple should not be allowed to delete Epic's Apple developer account or update Unreal Engine on the Apple OS

He granted a temporary restraining order prohibiting Apple from deleting Epic's Apple developer account or refusing to update the Unreal Engine on the Apple OS.

This action would result in "potentially significant harm to the Unreal Engine platform itself and the gaming industry as a whole, including both third-party developers and gamers," the court document states.

Apple, on the other hand, is not required to make Fortnite available on the App Store. The judge ruled that "the current predicament appears to be of [Epic's] own making." Epic Games is free to remain in breach of its contract with Apple while this litigation continues."

In their arguments, Epic's attorneys reiterated the damage that would be done to Epic Games if Fortnite and Unreal Engine were removed from the App Store, pointing to customer complaints as damage to reputation and arguing that the developer had already abandoned Unreal Apple argued that Epic's damage was self-inflicted, and Apple repeated its message that Fortnite should simply be returned to its "status quo," i.e., a version of the game that complies with Apple's in-app purchase rules. Apple and the judge agreed on this.

Apple's argument to remove the Unreal Engine rested, in part, on the technical question of whether Epic Games was a single entity. Essentially, the Fortnite deal in the App Store is with Epic Games, while the Unreal Engine deal is with Epic Games International S.a.r.l. [This is just the beginning of the legal battle between Apple and Epic, and attorneys for both parties will reconvene on September 28 to argue over the preliminary injunction.

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