Apple has filed a new request with the Court asking that it not grant Epic Games an injunction to force the reinstatement of Fortnite.
Epic Games presented a new argument to the Court earlier this month, explaining why its battle royale should be returned to the App Store. It “asked the Court to stop Apple’s retaliation against Epic for daring to challenge its unlawful restrictions while our antitrust case proceeds.”
However, Apple has now filed a document, requesting that its position on Fortnite be left alone, therefore denying the injunction that Epic Games is seeking. Moreover, the iOS creator has disputed Epic’s claim that it “operates a monopoly.”
“The iPhone ecosystem has fueled an exponential increase in output of mobile devices and apps, dramatically benefited users and developers, and significantly increased consumer choice. Simply put, the iPhone business model is decidedly procompetitive. Accordingly, Epic’s theories of ‘monopoly maintenance’ and ‘tying’ will fail on the merits,” reads the filing.
“Not a martyr”
Previously, Apple has claimed that the American games firm deliberately chose to cheat it, therefore creating its own mess. A sentiment that has been shared by Judge Yvonne Gonzales Rogers, who described the situation as a predicament of Epic’s “own making.” However, the judge did grant temporary protection for the Unreal Engine.
“Epic is a saboteur, not a martyr. It neither needs nor is equitably entitled to the extraordinary relief it seeks from this Court,” reads the filing.
“Indeed, Epic does not even try to explain why it had to breach its contracts to bring this case – let alone why it had to so fundamentally breach Apple’s trust by introducing direct payments. And Epic could have avoided any further harm involving both Fortnite and Unreal Engine – with a simple keystroke.”
The filing continued: “Epic started a fire and poured gasoline on it, and now asks this Court for emergency assistance in putting it out, even though Epic can do so itself in an instant by simply adhering to the contractual terms that have profitably governed its relationship with Apple for years.”
Colliding giants
The bitter feud between the two behemoth companies began last month after Apple removed Fortnite from the App Store due to a new payment option that prevented the tech giant from taking its 30 per cent commission.
However, since Epic got legal battle started, Apple has since filed a counterclaim against it. In the document, the iOS creator made it clear that it was after monetary damages that have occurred due to the new payment option brought forward by Epic Games.
Furthermore, the games giant has also filed a lawsuit against Google, who – like Apple – removed Fortnite from its storefront. However, the Alphabet-owned firm will ask the Court to dismiss the case. It has also requested that its own legal battle be kept separate from Apple’s.
