Apple accuses Epic of ‘starting fire and pouring petrol’ in new Fortnite filing


Apple has responded to Epic’s demands to restore iPhone-makers Fortnite In the new legal realm the App Store, arguing that the company’s injuries are “completely self-inflicted” and that Fortnite Can return to iOS at any time – as soon as Epic removes the custom-app payment system, which triggered the game’s removal in the first place.

“Epic set fire to it, and poured petrol on it, and now asks this court for emergency assistance to get it out,” Apple writes in a 37-page opposition brief. “[E]Wayne however Epic can only do this in an instant, following the terms of the contract, which has beneficially governed its relationship with Apple for years. ”

Later, the company said: “Epic could have avoided any other harm by incorporating both Fortnite And Unreal Engine – with a simple keystroke. “It says Epic’s refusal to do so” is holding its own customers hostage to benefit in a trade dispute. “

This is not Apple’s new argument. Since it kicked Fortnite From the App Store in August, the iPhone-maker made it clear that it would be happy to return remain so. But these feelings provide more detail on the legal arguments Apple will be drawing as its response to Epic’s demand for the reinstatement of an initial injunction. Fortnite For iOS users. A full court is scheduled to hear the case on September 28.

During the filing Apple reiterates its main argument: that the company provides a valuable service by maintaining the App Store, and that bypassing the store’s rules, Epic broke its contract with Apple and the company booted it from its services Is free to do. But the opposition’s brief also adds new details. For example, Apple has suggested that Epic begin this legal battle to draw attention to the flagging franchise:

“For reasons that have nothing to do with Epic’s claims against Apple, Fortnite’s popularity is on the vane. As of July 2020, interest in Fortnite had fallen to nearly 70% compared to October 2019. This lawsuit (and this The front page headlines) appear to be part of a marketing campaign designed to curb interest in Fortnite. “

Elsewhere, Apple noted that iOS is not a big part of FortniteRevenue of It cites Epic’s revelation that only 10 percent Fortnite Consumers play regularly on the iPhone, and claim that Epic has said that Apple is “the smallest piece of the pie” when it comes to revenue. Again, the implication is that Epic is not suffering “irreparable harm” (as claimed by the company in its own filings) but is killing a nuisance for other, self-interested reasons.

Parallel to this argument, Apple states that Epic’s claim that it suffered “reputational damage” due to booting from the App Store is also incorrect. The iPhone maker says that Epic’s “pre-planned media blitz” suggests that it does, in fact, welcome the attention created by the case:

“If Epic was genuinely concerned that he would suffer an iconic injury from the controversy, it would not engage in these elaborate attempts to publicize it. From all appearances (including the #freefortnite campaign), Epic feels that his conduct here is in good faith. Will enhance its reputation, and drive users to the Fortnite, not vice versa. It’s not a loss. “

This is only a small part of Apple’s broader argument, however. If you want to prepare for this month’s court hearing, you can read the opposition in full below: