The legal battle between Epic Games and Apple is taking a new turn, as US District Judge Yvonne Gonzalez Rogersis clearly asking Apple to either approve the reinstatement of Fortnite in the US App Store or return to court with legal justification for its refusal.
According to a new court filing, the judge confirms that she has received Epic's request, which requires Apple to re-allow distribution of the popular game on its platform. The judge is asking the tech giant to present the "legal basis" that Apple claims allows it to ignore the court's previous ruling.
Gonzalez Rogers points out that Apple has all the means to comply without further hearings or delays, and further requests that the company's authorized employee responsible for implementing the order be named.
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While there has been no mention of sanctions at this time, the requirement for nominal liability shows that the court is seriously considering the possibility of non-compliance. This is not the first time that Apple has come under harsh criticism from the same judge: in a previous ruling, Rogers accused it of violating court orders and perjury.
Epic brings Fortnite back to the App Store – Apple resists
The standoff between Epic Games and Apple over App Store policies is entering a new phase. After winning the right to include links to external payment systems within its apps, Epic has resubmitted Fortnite for inclusion in the US App Store. However, Apple has refused to proceed with approval, stating that it does not intend to review the submission until the Ninth Circuit Court of Appeals rules on its request for a partial stay of the relevant court order.
In response, Epic filed a formal motion on Friday, calling on the court to intervene immediately and ensure the implementation of the ruling granting it the right to external payments.
This latest episode is part of a long-running legal battle over Apple’s restrictive practices in the App Store. Apple denied app developers the right to link to third-party payment options without paying the company a fee. After the court ruling, Apple complied, allowing developers to request an exception to use third-party payment systems, but imposed a 27% fee on those transactions — just 3% lower than its normal fee.
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In addition, it required apps that referred to external paymentsto display discouraging security messages, also known as "scare screens," to users before making a payment outside the App Store.
New legal defeat for Apple – The way is open for the return of Fortnite
In a landmark development for app developers, Judge Yvonne Gonzalez Rogers ruled that Apple knowingly violated a previous court order regarding policies pricing and commission. The ruling strengthens Epic Games' position and appears to pave the way for Fortnite's return to the App Store.
Despite the ruling, however, Apple did not immediately approve the app. For at least a week, it maintained a wait-and-see attitude, refraining from approving or rejecting the request while its legal advisors prepared their response. Its decision not to immediately approve Fortnite’s return to the App Store shows that Apple is trying to buy time, making the most of the legal leeway to maintain its power. It’s a tactic we often see from tech giants when a decision isn’t entirely in their favor: they comply “formally,” but not in substance.
As we said, however, the judge is now asking Apple to either approve the reinstatement of Fortnite in the US App Store or provide explanations to the court.
If courts in the US impose such restrictions on Apple, it is likely that other regulators in Europe, Asia and elsewhere will follow suit. The Epic–Apple case serves as a precedent for regulating App Stores worldwide. We are already seeing the EU moving in a similar direction with the DMA (Digital Markets Act).
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Apple initially prevailed in Epic's main antitrust lawsuit, with the court ruling that it did not operate as a monopoly. However, Epic scored an important partial victory: Judge Rogers recognized that iPhone users have the right to make purchases through external websites, if the developer chooses.
Following the ruling, Apple amended its App Store policies for the U.S. market. Major apps, including Spotify, Amazon Kindle, and Patreon, rushed to release updated versions to take advantage of the new payment features.
Source: techcrunch.com
