Epic games request rejected and Fortnite will remain outside the app store

Good news and bad news for Epic Games. On the one hand, Judge Yvonne Gonzales Rogers denied Epic's petition seeking an injunction to force Apple to restore Fortnite to the App Store.

So Fortnite is a long way from returning, considering that the trial will only begin on May 3, 2021.

On the other hand, the judge also ruled that Apple cannot take action or repression against Epic Games affecting Unreal Engine. Let us remember that this measure was already in force since August, but as a temporary restriction until a resolution was reached. And now, the verdict follows the same line, but permanently.

So we'll have to wait until next year to see the outcome of this already months-long conflict, in a round trip of lawsuits. If we take a brief look at the war between Apple and Epic Games, we find these key dates:

  • August 13 – In a succession of events that unfolded in a few hours: Epic implements its payment system within Fortnite, Apple removes it from the store, and Epic files a civil lawsuit
  • August 24 – Temporary Restraining Order against Apple. Let's remember that Epic mentioned days before Apple threatened to close its developer account
  • September 8 – Apple files lawsuit with Epic for damages
  • September 28 – Both parties present the case before the judge. While it was suggested to take the matter to a jury trial in July, it was then decided that it would be in May and without a jury.

So the next thing on the agenda is to wait until next year's trial. It does not appear that either party is going to change their position or that they are willing to reach an agreement, as can be seen in the words of Epic Games, which they share in TC.

Epic Games is grateful that Apple is still not able to retaliate against Unreal Engine and our game development customers as litigation continues. We'll continue to develop for iOS and Mac under court protection, and we'll look for all avenues to end Apple's anti-competitive behaviour.

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