Epic Games Sought Side Deal for Fortnite Prior to Lawsuit, Apple Says in Court Filing [Updated]

Earlier this week, Epic Games levied a lawsuit against Apple after Apple pulled popular game Fortnite from the App Store for defying Apple's ‌App Store‌ policies surrounding in-app purchases, launching a legal battle between the two companies.

fortnite apple featured
Apple in turn said that it would terminate Epic's developer accounts on August 28, prompting ‌Epic Games‌ to file a restraining order attempting to stay that removal. Apple today responded to ‌Epic Games‌' lawsuit with its own court filing, arguing that Fortnite should not be allowed to remain on the ‌App Store‌ as the legal fight plays out.

According to Apple, ‌Epic Games‌ in June sought a special deal from Apple's Phil Schiller that would change the way in which Epic offers apps on the ‌App Store‌. From CNBC:

"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," former Apple Senior Vice President Phil Schiller wrote in a declaration.

‌Epic Games‌ CEO Tim Sweeney previously said that Epic was not seeking a special deal from Apple and was instead fighting for "open platforms and policy changes equally benefiting all developers," but it appears that Epic did attempt to establish a unique relationship with Apple prior to when the lawsuit was filed. "When Apple refused to fundamentally alter the way it does business to appease Epic, Epic resorted to sudden, unilateral action that blatantly breached its contracts with Apple," reads Apple's response.

Epic had asked Apple for permission to bypass the in-app purchase system and allow Fortnite players to pay for in-game currency directly, a request that Apple denied and a feature that Epic implemented anyway. According to Schiller, Sweeney emailed him on the morning that Fortnite changed the payment mechanism and said that Epic will no longer "adhere to Apple's payment processing restrictions."

Apple lawyers argue that the emergency stay that Epic is seeking is an emergency "entirely of Epic's own making," as Apple has said that if Epic removes the direct payment mechanism that it added to Fortnite, the game would be allowed to return to the ‌App Store‌ and Fortnite's developer accounts would not be disabled.

Apple has also likened ‌Epic Games‌' behavior to a shoplifter. "If developers can avoid the digital checkout, it is the same as if a customer leaves an Apple retail store without paying for shoplifted product: Apple does not get paid," Apple said.

Apple's promise to terminate all of Epic's developer accounts and access to Apple tools on August 28 would impact the development of the Unreal Engine used in many third-party apps and games. Along with the pending account termination, Epic is not able to update Fortnite, which means that existing iOS users will not be able to take advantage of the next season of the game launching on August 27.

A court hearing is scheduled for Monday to determine whether Apple can remove Fortnite from the ‌App Store‌ for violating the ‌App Store‌ rules.

Update: In a tweet, ‌Epic Games‌ CEO Tim Sweeney called Apple's statement misleading because Epic's email also asked for the concessions to be made available to other developers.

Popular Stories

New Things Your iPhone Can Do in iOS 18

18 New Things Your iPhone Can Do in iOS 18.2

Wednesday November 13, 2024 2:09 am PST by
Apple is set to release iOS 18.2 next month, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. There are a handful of new non-AI related feature controls incoming as well....
M4 MacBook Pros Thumb

M4 MacBook Pro Uses Quantum Dot Display Technology

Thursday November 14, 2024 4:19 pm PST by
The M4 MacBook Pro models feature quantum dot display technology, according to display analyst Ross Young. Apple used a quantum dot film instead of a red KSF phosphor film, a change that provides more vibrant, accurate color results. Young says that Apple has opted for KSF for prior MacBook Pro models because it doesn't use toxic element cadmium (typical for quantum dot) and is more...
AirPods Crackling Feature

Apple Customers Sue Over Unfixed AirPods Pro Crackling Issue

Wednesday November 13, 2024 11:01 am PST by
A trio of Apple customers this month filed a class action lawsuit against Apple, accusing the Cupertino company of violating California consumer protection laws and false advertising for continuing to sell AirPods Pro models that had ongoing issues with crackling or static sounds. A few months after the AirPods Pro came out in October 2019, buyers began to complain about crackling, rattling, ...
google gemini

Google Releases Standalone Gemini AI App for iPhone

Thursday November 14, 2024 2:54 am PST by
Google has launched its dedicated Gemini artificial intelligence app for iPhone users, expanding beyond the previous limited integration within the main Google app. The standalone app offers enhanced functionality, including support for Gemini Live and iOS-specific features like Dynamic Island integration. The new app allows iPhone users to interact with Google's AI through text or voice...
maxresdefault

M4 Max MacBook Pro: Real-World Usage Tests

Wednesday November 13, 2024 11:59 am PST by
Apple last week replaced the M3 Max MacBook Pro with the new M4 Max MacBook Pro, and we picked up one of the new high-end MacBook Pro machines to see how it compares to the prior model with both benchmarks and real-world tests. We tested an M4 Max with a 16-core CPU, 40-core GPU, and 48GB RAM against an M3 Max MacBook Pro with similar specs. The two machines look similar, but the display on...
iphone passcode green

iOS 18 Security Feature Causes iPhone to Reboot After Three Days of Inactivity

Thursday November 14, 2024 2:19 pm PST by
With iOS 18, Apple introduced a feature that causes the iPhone to reboot every three days, security researchers have confirmed (via TechCrunch). In a demo video, security researcher Jiska Classen proved that an iPhone left untouched for 72 hours will automatically restart, and Graykey manufacturer also Magnet Forensics wrote a blog post about the feature. After a reboot, an iPhone is more...

Top Rated Comments

GreenPixel Avatar
55 months ago

Hope Epic and other devs will make Apple lift the iron curtain.
There is no iron curtain. The current terms are more than fair.
Score: 64 Votes (Like | Disagree)
GreenPixel Avatar
55 months ago
Anyone who thought Epic cared about "all developers" was deluded. And this proves it.

Edit: Will concede I was too harsh on Epic given the update. I still believe Apple is in the right, however.
Score: 61 Votes (Like | Disagree)
McKodiak Avatar
55 months ago

Hope Epic and other devs will make Apple lift the iron curtain.
I hope not.

Apple can't guarantee me the product ecosystem or experience if they did.
Score: 48 Votes (Like | Disagree)
ArPe Avatar
55 months ago
‘We want to use Xcode, the APIs and the App Store without paying for it. We’re fighting for open platforms so that our masters in China can circumvent the ban on WeChat and TikTok. We don’t care if opening mobile operating systems results in spyware, malware, payment fraud and piracy because that will hurt everyone but Epic.’

Tim Swiney
Score: 40 Votes (Like | Disagree)
McKodiak Avatar
55 months ago
Epic = shoplifter
Score: 33 Votes (Like | Disagree)
armandxp Avatar
55 months ago
If this doesn’t make them lose in court, then our system is biased or rigged.
Score: 24 Votes (Like | Disagree)