The saga continues. In the latest episode of the legal sparring between Epic Games and Apple over Fortnite‘s presence — or lack thereof — on the App Store, Apple has filed an opposition in which it claims that Epic’s actions were “part of a marketing campaign designed to reinvigorate interest in Fortnite.”
The brief can be viewed in full here. It counters Epic’s earlier claim that “Apple is a monopolist” by showing that Fortnite is still available on other platforms — a point expressly made by Epic when it told players that the “party continues” on those platforms.
Apple also contends that Fortnite’s presence has been boosted by the suit, and its corresponding media coverage, thus countering Epic’s claim that it has suffered irreparable damages from the ban. The brief offers the note that “According to Epic’s CEO, only 20% of Fortnite users have accessed the game exclusively on Apple devices; and among active users, only 10% play through iOS.”
The essence of Apple’s brief is that Epic’s problems are of its own making, saying that Epic willfully broke the terms of the App Store’s agreement “is holding its own customers hostage to gain leverage in a business dispute.” Apple contends that granting Epic’s injunction and forcing Fortnite back onto the App Store would “severely damage the public interest” by requiring Apple “to continue to deal with a party that is violating the rules.”
It’s still a big mess, and we’ll probably see more shots fired before the Sept. 28 deadline for the injunction. We’ll keep you updated on any more maneuvers, by either side, until that date — and probably after, because no matter how a judge rules, someone’s going to be very upset and looking to continue the fight.