Court Rules Apple Can Keep Fortnite Off App Store, Protects Unreal Engine Access

A California judge has ruled against Epic Games’ request to force Apple to reinstate Fortnite on the App Store, while simultaneously upholding protections for Epic’s Unreal Engine developer accounts. The decision marks a pivotal moment in the high-profile legal battle between the two tech giants.

Key Takeaways from the Ruling

  • Fortnite remains banned: Apple can continue blocking Fortnite from the App Store pending trial
  • Unreal Engine protected: Apple cannot terminate Epic’s developer accounts supporting Unreal Engine
  • Mixed outcome: Both companies claimed partial victories in the preliminary ruling

Background of the Legal Dispute

The conflict escalated in August 2020 when Apple removed Fortnite after Epic implemented a direct payment system bypassing Apple’s 30% commission. Epic immediately filed for a temporary restraining order, leading to this latest decision.

Judge Yvonne Gonzalez Rogers stated in her ruling:

“Preliminary injunctive relief is an extraordinary measure rarely granted… Epic Games bears the burden in asking for such extraordinary relief.”

Legal Arguments and Implications

The court acknowledged Epic’s strong arguments regarding:

  • Apple’s exclusive iOS App Store distribution
  • The 30% commission on in-app purchases

However, the judge found Epic hadn’t sufficiently addressed Apple’s counterarguments based on the current legal record. The ruling maintains the status quo until the trial begins on May 3, 2021.

Reactions from Both Companies

Epic Games emphasized their continued ability to develop for iOS/Mac:

“We will continue to develop under the court’s protection and pursue all avenues to end Apple’s anti-competitive behavior.”

Apple framed the decision as a validation of their policies:

“We’re grateful the court recognized Epic’s actions weren’t in customers’ best interests… The App Store has created transformative opportunities for developers for twelve years.”

What Comes Next?

The ruling sets the stage for a major antitrust trial in 2021 that could reshape app store economics. Legal experts suggest this decision indicates the court’s cautious approach to intervening in complex platform governance issues before a full trial.


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