Skip to main content

Judge’s ruling won’t bring Fortnite back to the App Store

Epic Games won a temporary restraining order against Apple — but it wasn’t enough to put Fortnite back on the App Store for now.

Shortly after the two companies appeared in a virtual court hearing for their ongoing App Store dispute, Judge Yvonne Gonzalez Rogers concluded that Apple’s action to restrict Epic Games’ access to supporting Unreal Engine was “retaliatory” and “poses potential significant damage to both the platform itself and to the gaming industry generally.”

Related Videos

“Apple has chosen to act severely, and by doing so, has impacted non-parties, and a third-party developer ecosystem. In this regard, the equities do weigh against Apple,” Rogers wrote in the court order.

But Epic Games’ request for a restraining order to restore Fortnite to the App Store was denied.

The Fortnite ban, Judge Rogers said, was Epic Games’ own fault, as it was a “strategically and calculated move to breach” Apple’s policies. Judge Rogers suggested that Epic Games flip the switch to the way it was on August 3rd and “return everybody back to where they were.”

“The court finds that with respect to Epic Games’ motion as to its games, including Fortnite, Epic Games has not yet demonstrated irreparable harm. The current predicament appears of its own making,” she added.

So while Epic Games will be, for now, allowed to continue work on its gaming platform, Unreal Engine, Fortnite won’t return to the iOS App Store until Epic reverts the new payment system that was designed to sidestep Apple’s App Store tax.

Rogers primarily dismissed Apple’s move to hamper Epic’s access to Unreal Engine on the basis of the fact that it creates “havoc to bystanders” which in this case are third-party game developers. Last week, Microsoft, which employs Unreal Engine for its mobile racing title Forza Street, released a statement expressing support for Epic Games.

Apple’s attorney hit back claiming that down the road, Epic may transfer such “misconduct” to its other entities like Unreal Engine as well. Epic Games, in its defense, argued that Apple’s clampdown is already damaging Unreal Engine’s business as developers have begun fleeing the platform.

We’ve reached out to Apple and Epic Games for further comment and we’ll update the story when we hear back.

It’s worth noting that this hearing was a preliminary one intended to restore balance temporarily until the court can gather data and go through more detailed arguments from the parties, which they’re expected to file within the next few weeks. The next court hearing is scheduled for September 28.

Editors' Recommendations

5 years after launch, Fortnite on consoles finally has a tutorial
Fortnite fish at target range tutorial section.

For the past five years, new Fortnite players were simply thrown into the matches of battle royale and had to learn the game by themselves. Now, players finally have a way to learn the basics of Fortnite with the late-yet-welcome addition of a tutorial mode.

Fortnite Tutorial Mode

Read more
Fortnite Black Adam skin guide: How to get the DC hero’s outfit and cosmetics
Black Adam skins in Fortnite.

Fortnite is known for including fan-favorite characters from different mediums, including comic book superheroes. Joining the roster is Dwayne Johnson's version of Black Adam from the recent film. The character launched in the game on October 20. With Black Adam being so popular, players will no doubt want to get their hands on the hero's skin and cosmetics in Fortnite.

But how do you unlock the Black Adam skin? Is it tied to the battle pass or in-game challenges?

Read more
Microsoft is looking to create its own mobile app store, according to filings
Xbox Series UI

Microsoft may have plans to build out its own Xbox storefront on mobile platforms, according to its recent filings.

Microsoft's acquisition of Activision Blizzard is currently under investigation by the UK's Competition and Market Authority (CMA). First spotted by The Verge, in Microsoft's filings, the company says that it wants to expand its gaming offerings on mobile, and that includes building a mobile storefront.

Read more