Fortnite probably won’t be returning to the App Store anytime soon


While Apple and Fortnite’s big, dramatic trial didn’t seem to come to the conclusion either side actually wanted. His resolution offered some hope to Fortnite enthusiasts that the title could find its way back to the App Store and onto their Apple devices.

And yet … It seems legal jargon is creeping into the battle royale once again. In a tweet thread Today, from Epic Games CEO Tim Sweeney, communications between him and Apple’s legal team appear to confirm that Apple has no interest in bringing Fortnite back while Epic continues to appeal the recent court ruling, a process whereby Sweeney could keep Fortnite out of the App Store for another five years or more.

Sweeney shared an email he himself sent to Apple’s Phil Schiller and a terse response from Apple’s legal team, which stated that “Apple has exercised its discretion not to reinstate the program’s account. development of Epic at this time, and Apple will not consider any further reinstatement applications until the district court judgment becomes final and without appeal.

Here is the full text of the email:

Dear Gary,

I’m responding to your recent request for Apple to reinstate Epic’s Developer Program account, which was terminated for cause last year. Epic committed an intentional breach of contract and breach of trust by hiding Apple’s code and making false statements and omissions. In its decision, the court recognized that “Apple had the contractual right to act as it did. [Epic’s] own internal documents show that Epic Games is expected. »ECF n ° 812 to 178-79. The court further found that “Apple’s termination of the [Developer Program License Agreement] and the related agreements between Epic Games and Apple were valid, lawful and enforceable. “Id. at 179. Following this ruling, Mr. Sweeney publicly stated that Epic”[wouldn’t trade [an alternative payment system] In light of these and other statements since the court ruling, associated with Epic’s deceptive conduct in the past, Apple has exercised its discretion not to reinstate Epic’s development program account at this time. . In addition, Apple will not consider further reinstatement requests until the district court’s judgment becomes final and without appeal.


/ s / Mark A. Perry

The courts ruled in their ruling earlier this month that Apple was “not in violation of the antitrust law”, that Epic Games should reimburse Apple for lost App Store fees and, more interestingly , that Apple could not continue to block alternative forms. payment in the App Store. The ruling significantly complicates Apple’s App Store economy, but Apple still has not appealed the court ruling, touting it as a landslide victory for the company as a whole. Epic Games was less satisfied, appealing the decision and pledging to “keep fighting”.

In a press call with reporters immediately after the ruling, Apple said they would welcome the return of Fortnite if Epic Games agreed to follow the same rules as all other App Store developers – although this statement was made before the official call of Epic. of the court’s decision.

In a tweet further down his thread, Sweeney called Apple’s refusal to reinstate Fortnite’s developer account, “another extraordinary anti-competitive move from Apple, demonstrating its power to reshape markets and pick winners and winners. losers “.

We’ve reached out to Apple for comment.

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