Epic Games gets temporary restraining order to protect Unreal Engine, not 'Fortnite'

Epic Games

Apple initially planned to revoke Epic Games' developer accounts on Friday, August 28, but a judge granted the game developer a temporary restraining order to prevent this from happening. Apple can't restrict the use of Epic's Unreal Engine by developers on Apple platforms, too. In the same ruling, though, Judge Yvonne Gonzalez Rogers decided Apple won't need to bring Fortnite back. The tech giant banned the game after Epic added an in-app payment system that violates Apple's rules.

"The Court finds that with respect to Epic Games' motion as to its games, including Fortnite, Epic Games has not yet demonstrated irreparable harm. The current predicament appears of its own making," Rogers wrote, arguing that Epic "strategically chose to breach its agreements with Apple" and disturb the status quo.

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Epic's new motion claims Apple's holding Unreal Engine hostage

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Epic's new filing issued on Sunday alleges Apple is holding an entire ecosystem of game developers hostage with its response of threatening to revoke Epic's developer access. The game developer has asked the court to restrain Apple from revoking said access while the lawsuit is ongoing. Apple's response to the request claims it's enforcing previously stated policies without denying that iOS support was at risk.

Epic says getting its access revoked is unnecessarily punitive as it affects developers who built on Epic's Unreal Engine, even if they weren't directly involved in the case. "The breadth of Apple's retaliation is itself an unlawful effort to maintain its monopoly and chill any action by others who might dare oppose Apple," the motion reads.

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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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Apple 'won't make an exception' for Epic Games as legal dispute rages on

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Apple responds to Epic's latest claims in its ongoing dispute, saying it "won't make an exception" for the company because "we don't think it's right to put their business interests ahead of the guidelines that protect our customers." Epic filed a preliminary injunction against Apple, asking the courts to stop the company from taking it off its developer program. The developer says Apple has given them until August 28 to take out the rule-violating payment processing option Epic snuck into Fortnite. 

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