Epic Games Appealing Fortnite Lawsuit Against Apple

Last week, a judge ruled in the case of Epic Games v Apple, and the results were a mixed bag. On one hand, Judge Yvonne Gonzalez Rogers ruled that Apple needs to allow publishers the option of making in-app purchases through additional methods, which is exactly what Epic Games wanted in the first place. However, the judge also found that Epic Games did not provide sufficient evidence that Apple is a monopoly, and ruled that Epic must pay Apple $3.65 million in damages for violating terms of service. While this would seem to be a big win for Epic Games, the company isn't happy with the outcome. In a document obtained by The Verge, Epic Games, Inc. revealed its plans to fight the ruling.

"Notice is hereby given that Epic Games, Inc.... appeals to the United States Court of Appeals for the Ninth Circuit from the final Judgment entered on September 10, 2021," the document states.

Interestingly enough, the judge in the case did find that Apple is "near the precipice of substantial market power, or monopoly power," but found that Epic Games failed to prove it in court, and found that Epic Games, Inc. "overreached." It remains to be seen where things might progress from here, but it seems that the battle between the two companies is far from over. It also doesn't seem that Fortnite will be returning to Apple platforms anytime soon.

Epic Games has long decried Apple as a monopoly, but tensions between the two companies truly exploded in August of 2020. Going against Apple's terms of service, Epic Games knowingly updated Fortnite with a payment option circumventing the App Store. That same day, Epic Games began a PR siege against Apple, releasing a "Nineteen Eighty-Fortnite" short, depicting Apple as an Orwellian threat. Apple gave Epic Games multiple days to remove the payment option, but inevitably removed the game from the App Store entirely. Epic Games responded with legal action against Apple, a skin mocking the company, and contests to award Fortnite fans with devices that would still allow them to play the game.

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