Epic Games Says Court 'Reached the Wrong Answer' and Made 'Multiple Legal Errors' in Apple Fight

Epic Games and Apple are continuing with their legal dispute, and today, ‌Epic Games‌ filed its Appeal Reply and Cross-Appeal Response Brief, following Apple's appeal filing back in March.

fortnite apple featured
In the filing, ‌Epic Games‌ reiterates many of the same arguments that it made during the trial. The company believes that the district court "reached the wrong answer" and made "multiple legal errors." Apple, says Epic, is ignoring these errors and "employing diversion" to distract the appeals court.

Responding to Apple's claim that sideloading or alternate app stores would compromise the security of the iPhone, ‌Epic Games‌ again points toward the Mac, where apps can be downloaded outside of the Mac App Store. Epic believes the only consequence of support for alternate app stores would be Apple having to "compete for its customers."

Apple also asserts that the relief Epic seeks will compromise the security of the iPhone. But that is untrue. The operating system Apple uses in its Mac computers ("macOS") does not include the challenged restraints found in the iPhone operating system ("iOS"), and Apple consistently touts the Mac's security. Apple also permits multiple alternative payment solutions in the App Store for apps selling physical goods, confirming that the requirement to use Apple's in-app payment solution, IAP, for digital goods serves no procompetitive goal. If Epic prevails, the App Store would not be dismantled. No customer would ever be required to use any of the things Apple complains about--an alternative app store, direct downloads for app distribution, or an alternative payment solution. The difference is that Apple would have to compete for its customers.

The rest of the briefing dismantles Apple's own appeal and points out alleged errors made by both Apple and the court. It can be read in full over on Scribd, for those who are interested.

Going forward, additional briefs will be submitted by Apple and ‌Epic Games‌ before the court decides to set a date to hear the arguments. Apple is expecting a decision by summer 2023 at the earliest, so we will be continuing to hear about the dispute between Apple and ‌Epic Games‌ for another year at a minimum.

Apple has zero intention of reinstating the ‌Epic Games‌ developer account until the legal battle has been settled, so Fortnite will not be returning to the App Store. There are, however, alternatives, as Fortnite can be played on the browser on the ‌iPhone‌ or the iPad through Fortnite support on Microsoft's Xbox Cloud Gaming platform or GeForce NOW.

Popular Stories

iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Launching Later This Year With These 10 New Features

Sunday March 23, 2025 10:00 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of March 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
macbook pro blue green

When Will Apple Release the M5 MacBook Pro?

Wednesday March 26, 2025 4:53 pm PDT by
Apple regularly refreshes the MacBook Pro models, and a new version that uses M5 series chips is in the works. Apple just finished refreshing most of the Mac lineup with M4 chips, and now it's time for the M5. Rumors suggest that we could see the first M5 MacBook Pro models this fall. Design There have been no rumors of a design update for the M5 MacBook Pro models that are coming this...
Apple Lumon Terminal Pro

Apple's Mac Site Features Fictional 'Lumon Terminal Pro'

Wednesday March 26, 2025 12:19 pm PDT by
Apple is going all out with promotions for the popular Severance Apple TV+ show today, and as of right now, you'll find a new "Lumon Terminal Pro" listed on Apple's Mac site. The Lumon Terminal Pro is designed to look similar to the machines that Severance employees like Mark S. and Helly R. use for macrodata refinement. The Terminal features a blue keyboard, a small display with wide...
Facebook Feature

Facebook's New iPhone App Feature Turns the Clock Back to 2007

Thursday March 27, 2025 1:59 pm PDT by
In the mid-to-late 2000s, Facebook was all about staying connected with friends and family. However, as the social media platform added new features and grew over time, that core experience began to get drowned out. That changes starting now, according to Meta, which today introduced a new feature that will "bring back the joy" of classic Facebook. Specifically, Meta has redesigned the...
Generic iOS 18

iOS 18.4 Coming Soon With These New Features for Your iPhone

Tuesday March 25, 2025 6:45 am PDT by
Apple is expected to release iOS 18.4 to the general public as soon as next week, following more than a month of beta testing. Apple's website says some iOS 18.4 features will be released in "early April," so the update should be out as early as Tuesday, April 1. Apple this week seeded the iOS 18.4 Release Candidate, which is typically the final beta version, barring the discovery of any...
iPhone 17 Pro 34ths Perspective

iPhone 17 Pro Supports 8K Video Recording, Suggests Leaker [Updated]

Wednesday March 26, 2025 4:06 am PDT by
Update 7:25 pm: Based on comments from our forums, it appears the original Weibo post may have been mistranslated and "8K" actually refers to the high price of the device rather than 8K video recording capabilities. The iPhone 16 Pro currently starts at 7,999 yuan in China. Our original article follows below. Apple's forthcoming iPhone 17 Pro models are capable of shooting 8K video, up...
Foldable iPhone 2023 Feature 1

'iPhone Fold' to Feature Metallic Glass Hinge That Resists Deformation

Thursday March 27, 2025 4:21 am PDT by
Last week, we covered a report claiming that Apple's book-style foldable iPhone (or "iPhone Fold," as we are provisionally calling it here) will use liquid metal hinges to improve durability and help minimize screen creasing. Today, a Chinese leaker provided more details on the properties of this hinge material that help to clarify why Apple chose it for its first foldable device. According...
iOS 18 4 Ambient Music Control Center

How to Use iOS 18.4's New Ambient Music Feature in Control Center

Thursday March 27, 2025 7:45 am PDT by
The upcoming iOS 18.4 update for the iPhone adds an Ambient Music feature to Control Center. Below, we take a closer look at how it works. iOS 18.4 is currently in beta, so the Ambient Music feature is not widely available yet. The update will likely be released to the general public next week. To use the feature on iOS 18.4, open Control Center and tap on the plus sign in the top-left...
Generic iOS 19 Feature Mock

Gurman: Jon Prosser's iOS 19 Mockups 'Aren't Representative' of Redesign

Tuesday March 25, 2025 4:47 pm PDT by
The iOS 19 mockup images that leaker Jon Prosser shared today are not representative of the actual iOS 19 design, Bloomberg's Mark Gurman said on social media. According to Gurman, the images that are "floating around" are based on "very old builds" or "vague descriptions," and are lacking key features. Gurman says that we can "expect more from Apple in June." Gurman made the same comment ...

Top Rated Comments

GizmoDVD Avatar
37 months ago
Epic still acting like a sore loser. Nothing new.

I'm glad they are losing hundreds of millions because of this.

I keep redeeming all those weekly free games as well, which costs them money, with zero intentions of ever loading their software on my computers.
Score: 30 Votes (Like | Disagree)
Realityck Avatar
37 months ago
It was Epic's choice to start this whole mess. Couldn't work something out without creating issues for all Apple users including MacOS when that wasn't even involved.
Score: 18 Votes (Like | Disagree)
cocky jeremy Avatar
37 months ago
Give it up, losers.
Score: 16 Votes (Like | Disagree)
ponzicoinbro Avatar
37 months ago
I will now make Epic excuses for my Epic fails.
Score: 14 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
37 months ago
No, they didn’t Epic games. Epic Games made the wrong choices by calling out Apple. They got greedy and wanted Apple’s money. Until then, Epic Games will continue to lose money every single day.
Score: 11 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
37 months ago

Epic is just whining...
They have been for years now. It’s a losing battle for them. Things are not looking so good.
Score: 8 Votes (Like | Disagree)