Epic Games files preliminary injunction to allow 'Fortnite' back on Apple App Store

Epic Games' latest move following its developer account termination by Apple is asking the courts to allow Fortnite back on the App Store and restore its developer account. Epic claims in its filing that it was challenging Apple "because it was the right thing to do" and that it was "better positioned than many other companies to weather the storm." Epic calls Apple a "monopolist" who keeps its dominant spot by "explicitly prohibiting any competitive entry" when it comes to in-app payment processing and app distribution.

But while it can weather the said storm, the developer said that Fortnite not being available on the App Store will cause it to "likely suffer irreparable harm." That the "balance of harms tips strongly in Epic's favour," with daily iOS active users dropping by over 60% since its removal from Apple's storefront.

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Apple claims Epic requested for special treatment

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Apple has finally responded to Epic's lawsuit with claims that the gaming giant requested special treatment on multiple occasions. The company produced three emails from Epic CEO Tim Sweeney, marking Apple's first legal response against Epic since their dispute spilled into courts. The claim that Epic sought a "special deal" was something Sweeney refuted earlier this month, saying they are "fighting for open platforms and policy changes equally benefiting all developers." 

But Apple's filing on Friday disputes this point. "On June 30, 2020, Epic's CEO Tim Sweeney wrote my colleagues and me an email asking for a 'side letter' from Apple that would create a special deal for only Epic that would fundamentally change the way in which Epic offers apps on Apple's iOS platform," Phil Schiller, former Apple Senior Vice President and now Apple Fellow, said.

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News publishers group asks Apple to lower its App Store fees for them

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A publisher's group representing the likes of the New York Times, The Economist, the Washington Post, NPR, Conde Nast, etc. is hoping to cut down its 30% "Apple tax" to 15%. The request comes a week after Epic's legal battle with Apple began over this cut Apple (and Google) get from in-app purchases. But the trade organization Digital Content Next got the idea from Amazon. Documents released as part of a Congressional antitrust hearing in the US with CEOs from Facebook, Amazon, Apple and Google-owner Alphabet revealed that Apple takes 15% from Amazon's App Store revenue for Prime Video instead of the standard 30%.

Digital Content Next's CEO Jason Kint wrote in an open letter to Apple CEO Tim Cook, asking about the conditions its members need to meet to qualify for the same arrangement. Because right now, nearly a third of every newspaper subscription sold through an iOS device goes to Apple. Cook said during the hearing that this deal was open to any developer that meets the conditions. 

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Epic Games says Apple plans to revoke its developer account

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In the ongoing battle between Epic Games and Apple, the developer said that Apple has threatened to cut it out of the App Store entirely by revoking its developer account. The move will mean Epic can no longer make apps for Apple, which means it will lose access to iOS users. According to the developer, Apple has given Epic until August 28 before it removes its developer accounts, which also means they can't publish updates to current apps on the store. 

On top of that, Epic makes the Unreal Engine software that many iPhone and Android games use to add realistic graphics and physics to their titles. The company seeks an injunction to "preserve the status quo" and allow Epic to continue to sell apps, including Fortnite, on the Apple App Store. Epic claims Apple's move to revoke its accounts represents an "existential threat" to Unreal Engine, and that the company is "attacking Epic's entire business in unrelated areas."

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