By Joséphine Li
Fortnite has been blocked on iOS since August when Epic Games launched a new way to buy in-game currency directly without paying Google or Apple their customary 30 percent cut of their revenue.
This move is in breach of both Google and Apple’s app store policies. Subsequently, Fortnite was removed from both iOS and Android devices. Epic Games then sued both Google and Apple, accusing them of monopolistic practices. In the meanwhile, Epic Games is still seeking to have its Fortnite app restored on iOS devices.
On August 21, the gaming company filed a motion for a preliminary injunction against Apple’s blocking Fortnite on iPads and iPhones. It slammed apple as a ‘monopolist’ and said that if Apple continues the ban, Epic Games would suffer ‘irreparable harm’.
The injunction brief reports that the user base on iOS is much larger than on PC, Xbox, Nintendo, Switch, PlayStation or Android. Over 116 million players have played Fortnite on iOS, making it the biggest platform of the game.
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“All that Epic Games requires is that Apple be barred from retaliating against Epic Games for daring to challenge Apple’s misconduct,” the motion states.
In claiming that Apple monopolizes the purchase and distribution of iOS apps, Epic Games is “going to have to convince the judge that those are markets to begin with,” said John Bergmayer, legal director of Public Knowledge.
On August 22, Apple cited its previous statement, “The court recommended that Epic Games comply with the guidelines of the App Store while the case moves forward, which they have followed for the past decade until their behavior leads to the current situation.” Epic Games has refused the request.
Apple also expressed that they hope to have the opportunity to work with the Fornite makers in the future. “but unfortunately that is not possible today.”
The next hearing over the lawsuit is scheduled for September 28. A judge ruled on August 24 that Apple must not block Epic Games’ platform Unreal Engine, which many developers use to create games on Apple devices, but that Fortnite would not be reinstated.
That decision meant iOS gamers with Fortnite on their phones are not able to access the game’s latest updates released later in August.
While Apple has defended that its policies are industry standard and meant to ensure a secure and consistent app experience for users, critics think that Apple taking a commission of up to 30 percent on the purchases and requiring all in-app payments be run through Apple’s payment channels chill competition.
Mitch Stoltz, senior staff attorney of Electronic Frontier Foundation, thinks that Epic winning the lawsuits would be beneficial for the markets overall. In that way, there will be more innovation, more experimentation and more business models.
