A federal judge presiding over its antitrust case versus Apple has repeatedly criticized Epic Games on its legal theories and tactics.
In the lawsuit, Epic Games is seeking a temporary court order to force Apple to unblock its Fortnite video game from the iOS App Store. The judge said she was not convinced by arguments or strategy of Epic in the antitrust case against Apple.
Apple decided to remove Fortnite from the app store in August after Epic launched a software update that allowed players to circumvent Apple's proprietary in-app payment system. This move breached the game developer's contract with Apple.
What the case is about
Last August, Epic filed a legal complaint after Apple decided to ban Fortnite from its App Store, preventing users from installing the globally popular game.
The filing of the legal complaint in a California court was announced by Epic minutes after Apple removed Fortnite from the App Store.
After several days, the video game developer decided to file a new injunction against Apple after the latter threatened to remove the video game creator from its developer program on August 28.
In its latest legal filing, Epic Games claims that it will be "irreparably harmed" by being completely removed from Apple’s developer program.
Its removal from the developer program means that its Unreal Engine, a popular graphics tool widely used by third-party developers of other games, films and virtual reality, will also be included in the ban, forcing the other developers to find an alternative tool.
Apple argued that the rules applied to every app in the store and Epic had created the problem for itself by choosing to break its policies. The company said: "We won’t make an exception for Epic because we don’t think it’s right to put their business interests ahead of the guidelines that protect our customers."
Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California initially ruled that Apple may continue to ban Fortnite from its App Store but not Epic's graphics tool Unreal Engine.
The court determined that while Apple may opt to retain its ban on Epic Games’ Fortnite, it cannot remove the video game company’s developer accounts or compromise its Unreal Engine graphics tool, which is widely used by third-party game developers.
The federal judge ruled that Epic had not proven that Apple’s decision so far had caused the "irreparable harm" it claimed in its legal papers. However, she also wrote in her ruling that Apple had "chosen to act severely" by threatening to block the Unreal Engine, which is widely used by others.
Arguments at the hearing
Judge Gonzalez Rogers pointed out that although Epic knew that it was breaching its contract with Apple when it published the update it proceeded with it anyway.
Apple argued that its app store policies were a way to protect consumers from security risks and malicious software but Epic responded by saying that it is a credible business that has been on the iOS App Store for years and does not pose any security threat.
However, the judge told Epic that it was not the issue. Gonzalez Rogers said: "You did something, you lied about it by omission, by not being forthcoming. That's the security issue. That's the security issue!"
"There are a lot of people in the public who consider you guys heroes for what you guys did, but it's still not honest," she added.
Epic's attorney claimed that while it breached its agreement with Apple, the firm was simply refusing to comply with an anti-competitive contract and that it was part of Epic's plan to force a legal battle.
Judge Gonzalez Rogers responded: "When you are taking on the biggest company in the world, and you're taking it on where you know it's going to retaliate, you don't lie down in the street and die. You plan very carefully on how you're going to respond."
