Tell it to the judge
In an attempt to force Apple’s hand, Epic filed a motion on Friday arguing that Apple’s latest Fortnite denial is “blatant retaliation” for Epic’s court challenge and an attempt to “circumvent this Court’s Injunctions and this Court’s authority.”
Epic says the iOS version of Fortnite it recently submitted complies with all Apple policies and court rulings by offering a link to the external Epic Games Store for purchases. Through that link, players would be able to take advantage of a 20 percent discount on purchases compared to in-app purchases through iOS itself.
“Although Apple’s contracts may permit it to reject an app for lawful reasons, the Injunction provides that Apple may no longer reject an app—including Fortnite—because its developer chooses to include an external purchase link,” Epic wrote. “Likewise, if the Injunction is to have any teeth, Apple cannot reject an app on the ground that its developer has sought to enforce the Injunction’s prohibitions.”
Elsewhere in the filing, Epic says it is being “punished” by Apple after a nearly five-year legal battle and is being denied the ability to “take advantage of the pro-competitive rules it helped usher in.” Epic argues that Apple “cannot reject any developer (including Epic) because they went to court to enforce the Injunction” and “cannot refuse to deal with Epic as retaliation for Epic’s decision to avail itself of this Court’s Injunction.”
The matter will now be taken up by Judge Yvonne Gonzalez Rogers, who has shown little love for Apple in recent weeks. In her April order, she took the company to task for its “clear and convincing violation” of her initial injunction and even made a criminal contempt referral for Apple executives who she said “outright lied under oath.”
“Apple’s continued attempts to interfere with competition will not be tolerated,” Gonzalez Rogers wrote at the time. “This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order. Time is of the essence. The Court will not tolerate further delays.”
