After a protracted legal battle, which is far from over, Apple has restored Fortnite to the US app store. Fortnite was removed in August 2020 after launching its own in-app monetisation system to bypass Apple’s in-app payment system and the 30% commission it charges.
This violated Apple’s terms, and led to a legal challenge from Epic Games, which accused Apple of operating the app store as a monopoly. Epic CEO Tim Sweeney was in an unsurprisingly ebullient mood at the news and thanked those who’d taken Epic’s side in the dispute which, as ever, he characterises as a fight for developer rights.
“Thanks to everyone who supported the effort to open up mobile competition and #FreeFortnite from the very beginning,” said Sweeney. “And thanks to all of the folks who initially sided with Apple then later came around to the winning side, supporting app developer rights and consumer rights.”
Apple has made no comment.
“This is a clear win for Epic Games,” games business professor Joost van Dreunen told the BBC. “Epic has effectively forced open a door that Apple and others worked very hard to keep shut.
“The industry has long tiptoed around platform gatekeeping, but this moment signals a shift in the balance. Creators and publishers will now have more leverage to challenge entrenched distribution models.”
Fortnite has been available on iOS in the EU since January. Apple is complying with the court order after it got absolutely slammed by judge Yvonne Rogers Gonzalez for an “obvious cover-up” in a ruling that left no room for doubt:
“This is an injunction, not a negotiation. There are no do-overs once a party willfully disregards a court order. Time is of the essence. The Court will not tolerate further delays. As previously ordered, Apple will not impede competition.”
That doesn’t mean this is the end: Apple is fiercely protective of its walled garden approach to the app store, which it argues is in consumers’ best interests, and of course has the money to fight this until the bitter end. And Epic Games may well be the David to Apple’s Goliath, but it happens to be an extremely deep-pocketed David with a pugnacious CEO that’s treating this fight like a holy calling.
“Apple lost the 2021 injunction appeal in 2024, and it’s final and unappealable,” says Sweeney. “Now there’s a new contempt of court decision, and Apple is seeking to stay and appeal it, but whatever happens, they’re still obliged to comply with the injunction and the law.”
Sweeney also put things in more Fortnite-y terms: “we back fam.”
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