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

sonny iphone 16 pro colors

All Four iPhone 16 Pro Colors Revealed in New Image

Friday August 16, 2024 4:14 am PDT by
Leaker Sonny Dickson is back today with a new dummy unit image showing all four iPhone 16 Pro color variants, including the rose gold or "bronze" unit that replaces Blue Titanium in the existing iPhone 15 Pro models. The iPhone 16 Pro models are expected to come in black, white or silver, gray or "Natural Titanium," and a rose or rose gold color replacing Blue Titanium, according to Apple...
iPhone 16 Pro Right Side Feature

The iPhone 16 is Getting a New Button: Here's What It Can Do

Tuesday August 13, 2024 4:01 pm PDT by
Multiple rumors have suggested that the iPhone 16 models are going to have an all-new button that's designed to make it easier to capture photos when the devices are held in landscape mode. Apple calls the button the Capture Button internally, and it is going to be one of the most advanced buttons that's been introduced to date with support for multiple gestures and the ability to respond to ...
iPhone 16 Pro Sizes Feature

iPhone 16 Launch Is Just One Month Out – Here's Everything We Know

Saturday August 10, 2024 5:00 am PDT by
Apple typically releases its new iPhone series in the fall, and a possible September 10 announcement date has been floated this year, which means we are just one month away from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design...
iPhone 16 Pro Sizes Feature

When Is the iPhone 16 Coming Out?

Wednesday August 14, 2024 6:20 am PDT by
Apple's iPhone 16 series is expected to debut in September 2024. This release follows Apple's trend of introducing new iPhone models annually in the fall. While the exact date has yet to be officially confirmed, the day of Tuesday, September 10 has been rumored as a possible announcement date, and September has traditionally been the month when Apple unveils its latest smartphone innovations. ...
maxresdefault

Apple Aiming to Launch Tabletop Robotic Home Device as Soon as 2026 With Pricing Around $1,000

Wednesday August 14, 2024 11:30 am PDT by
Apple is moving forward with its project to develop a tabletop robotic device, according to Bloomberg's Mark Gurman. Subscribe to the MacRumors YouTube channel for more videos. The device would feature a large iPad-like display mounted on a "thin robotic arm" that would allow the display to tilt and up and down and rotate a full 360º, and it would serve as a "smart home command center," a...
M4 Mac mini Silver Ortho Cooler

These New Macs Are Coming in 2024

Thursday August 15, 2024 4:34 pm PDT by
It's almost September, but Apple still has multiple new product launches planned for 2024. New iPhone 16 models and Apple Watches are coming in September, and we're also going to get at least three Mac updates with M4 chips this year, according to rumors. Here's what's on the horizon. MacBook Pro Apple plans to refresh both the 14-inch and 16-inch MacBook Pro models, adding M4 chips. The ...
T Mobile Generic Feature Pink 1

United States Fines T-Mobile $60 Million for Failing to Prevent Unauthorized Access to Sensitive Customer Data

Thursday August 15, 2024 1:32 pm PDT by
T-Mobile was fined $60 million by the Committee on Foreign Investment in the US (CFIUS) for negligence surrounding data breaches, reports Reuters. CFIUS penalized T-Mobile for failing to prevent or disclose unauthorized access to sensitive customer data. When T-Mobile merged with Sprint, it signed a national security agreement with CFIUS, which is what led to the fine earlier this year....

Top Rated Comments

GreenPixel Avatar
52 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
52 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
52 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
52 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
52 months ago
Epic = shoplifter
Score: 33 Votes (Like | Disagree)
armandxp Avatar
52 months ago
If this doesn’t make them lose in court, then our system is biased or rigged.
Score: 24 Votes (Like | Disagree)