Epic explains to court why it should force Apple to reset Fortnite
Shortly before midnight on the Friday before Labor Day weekend (in the US), Epic Games pressed the button in its next legal action against Apple’s ban on the immensely popular Fortnite.
There was no question that Epic would file a preliminary injunction against Apple in an attempt to force the iPhone maker to bring Fortnite back to the App Store; hearings were already scheduled for September 28. But now, you can read the company’s full argument (here’s a PDF; it’s also included below) and decide if you think Judge Yvonne Gonzalez Rogers is likely to be swayed.
You may recall that Judge Rogers was no longer willing to issue a temporary restraining order against Apple to protect Epic games, in part because Epic had not proven that it had actually been harmed, and in part because the judge felt that Epic “strategically chose to breach its agreements with Apple” and was therefore at least partly at fault.
But in the new presentation, Epic argues that more than its reputation has been damaged, as daily active users on iOS have decreased by more than 60% since the removal of Fortnite from the App Store, Epic claims.
IOS players make up a third of Fornite
Epic says that iOS is also the largest platform for Fortnite: 116 million registered users, or nearly a third of the 350 million registered users that Epic says Fortnite has attracted in total.
It also claims that 63 percent of Fortnite users on iOS access Fortnite on iOS only, and that it is the only way that many people can play the game.
Epic says it is concerned that “I will never see these users again” (referring to the 60 percent decline); that its community of Fortnite players has been shattered; And that some of his non-Fortnite customers have also suffered collateral damage.
As we reported last week, some of Epic’s other games are no longer available for redownload, and Epic says their Shadow Complex Remastered was also removed from the Mac App Store, after Apple terminated Epic’s developer account. .
Epic also claims that Apple threatens to deny any attempt to apply for a new developer account “for at least one year,” citing a communication from Apple itself, and argues that the harm it would suffer if it was “denied the opportunity to access even a single new user among the more than 1 billion iOS users for at least the next year ”is a damage worth creating a preliminary injunction.
Apple didn’t immediately respond to a request for comment, but we really weren’t expecting them to do so at this time. We’ll see what happens on September 28.