Introduction to the Dispute
Epic is taking Apple to court once again, this time asking District Judge Yvonne Gonzalez Rogers to order Apple to review and approve its submission of Fortnite to the US App Store. The company argues that Apple is in contempt of the judge’s April order, which restricted Apple from rejecting apps over their use of outside payment links.
Background of the Case
In a letter from Apple that Epic shared, Apple stated that it won’t take action on the Fortnite app submission until after the Ninth Circuit rules on its pending request for a partial stay of the new injunction. Epic claims that this delay is retaliation for its legal fight with Apple. The company notes that Apple had "expressly and repeatedly" told it and the court that it would approve Fortnite if the app complied with Apple’s guidelines, which Epic insists its current submission does.
The Issue with App Submission
Epic claimed that it can’t release Fortnite in the EU because of Apple’s decision to block its US submission. However, Apple said it had merely asked that Epic resubmit the app without including the US storefront, "so as not to impact Fortnite in other geographies." But Epic claims that this would mean it has to submit multiple versions of the app, which it says is against Apple’s guidelines.
Request to the Court
Epic is asking the court to enforce its injunction, find Apple in contempt again, and require the company to "accept any compliant Epic app, including Fortnite, for distribution on the U.S. storefront of the App Store." The company wants the court to take action against Apple for its alleged non-compliance with the court’s orders.
Previous Rulings
Throughout this case, Judge Gonzalez Rogers hasn’t gone so far as to require Fortnite’s return to the store, finding in her 2021 ruling that Epic had still knowingly broken its developer agreement with Apple. However, the judge did find Apple in contempt of court in her April 30th ruling, which could work in Epic’s favor this time around.
Conclusion
The outcome of this case is still uncertain, but one thing is clear: the dispute between Epic and Apple is far from over. Epic is determined to get Fortnite back on the App Store, and Apple is equally determined to enforce its guidelines and protect its interests. The court’s decision will have significant implications for the future of app development and the relationship between developers and platform holders. As the case continues to unfold, it will be interesting to see how the judge rules and how the companies respond to the outcome.
