Apple is adding an extra cost to Epic Games’ appeal in their ongoing legal battle: It will not reinstate “Fortnite” to the App Store until there is a final verdict and the case can no longer be appealed.
A lawyer representing Apple cited Epic’s “intentional breach of contract” in establishing an alternative payment system, as well as Epic CEO Tim Sweeney’s comment that he “wouldn’t trade” that system “to get ‘Fortnite’ back on iOS,” when denying Epic’s request for reinstatement.
Sweeney had previously written to Apple executive Phil Schiller, saying that Epic had paid its court-ordered $6 million fine to Apple and would adhere to its guidelines going forward.
“Epic will resubmit ‘Fortnite’ to the App Store if you adhere to the plain language of the court order and allow apps to include buttons and external links that direct customers to other purchasing mechanisms,” Sweeney wrote.
- A judge ruled earlier this month that Apple could retain its 30% developer fee but would have to allow apps in its App Store to include links to online stores outside of Apple’s ecosystem.
- The ruling also stated that Apple was not required to reinstate “Fortnite.”
- Epic is appealing the ruling and may develop its case that Apple represents a monopoly in the mobile gaming industry — the judge declined to rule on that question.
While Epic is making moves to diversify beyond “Fortnite,” the hit game still accounted for $2.8 billion — 77.7% — of its $3.6 billion in 2020 revenue.