The newest phase of the legal argument between Epic Games and Apple regarding Fortnite‘s presence — or lack thereof — on the App Store is underway. Gamasutra is reporting that Epic will file a preliminary injunction against Apple on Sept. 28 that requires Fortnite be made available again on the App Store, citing the “irreparable damage” to the developer’s reputation.

Epic claims that Fortnite’s removal from the App Store is having a profound effect on its community of former players, with the game’s removing having “cleaved millions of users from their friends and family in the Fortnite community, which entirely depends on connectivity. The user outcry has been deafening, showing real harm to the public interest.” In other words, making a video game unavailable counts as “real harm to the public interest.” Let that sink in.

Epic further claims that the removal of Fortnite has led to a 60% decrease in daily active users on iOS and “a loss of goodwill and irreparable damage to Epic’s reputation … Epic may never see these users again.” According to stock market news website BuyShares, Epic stands to lose $26.7 million for every month that Fortnite is absent from the App Store.

The core of Epic’s argument seems to be its insistence that “Apple is a monopolist” that “unlawfully” maintains its control over app distribution and payment methods on iOS devices. Because it’s “unlawful,” Epic was fully within its rights to break Apple’s rules. If that argument can hold up, then Epic might have a chance and could change the App Store forever. If it doesn’t, then the “irreparable damage to Epic’s reputation” will likely be viewed as the doing of Epic itself, and not Apple.

UPDATE: You’ll soon no longer be able to sign into Fortnite with your Apple account.

UPDATE #2: Or not. Apparently, Apple has reversed its decision, at least for the time being.

Jason Winter is a veteran gaming journalist, he brings a wide range of experience to MMOBomb, including two years with Beckett Media where he served as the editor of the leading gaming magazine Massive Online Gamer. He has also written professionally for several gaming websites.

5 COMMENTS

  1. The thing is they are not going to win the case because they violated a legally binding contract, which they violated and as such apple used their legal rights to remove the game from the app store. Like the only thing epic is going to accomplish is wasting alot of money on this case and in the end someone will be fired for this ignorant attempt of a lawsuit.

  2. Epic just keeps doing dumb things in this whole escapade. They need to be careful because a lot of what they’re arguing could come back to bite them in the arse as they are currently doing the same things on EGS.

    • Jeremy Barnes That is not true. I Agree with Epic on this. Apple IS Monopolizing the system to maintain control of the sales. There is NO reason for them to want 30% of the sales of items. It is Illegal in the US to Have ANY TYPE of Monopoly in any business. They are hurting Epic still even AFTER a Judge ordered them to put it BACK on the App Store?!? LoL this is Why Epic Is in the right. (this might be a bit incorrect on what the Judge ordered but I am pretty sure of it as I posted a Comment about it on that Particular Article)

      • Correction they were ordered to replace the support for UE4,, And since they dropped there entire Account I bet Epic is more than willing if a judge does not order this back on to drop the Apple Systems or or Mac Systems or whatever these EXPENSIVE computers are called.

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