Judge Upholds Fortnite Apple Removal

Two of the more pressing issues in the Apple vs. Epic Games legal proceedings have now been addressed: Apple has been told it doesn't have to bring Fortnite back to the App Store right away, and Epic Games got a temporary win in preventing Apple from blocking Unreal Engine access for other apps. The two decisions come from U.S. District Judge Yvonne Gonzalez Rogers who issued rulings on the matters on Monday, but neither decision is a permanent win for either company as they're both still locked in their very public legal battles.

The two topics addressed in court on Monday had much different implications for different parties since they would affect both of the companies involved, other companies who use Unreal Engine to work on their apps, and Fortnite's mobile players who are about to be left behind when the next Fortnite update drops soon. Though Epic Games and Apple both received some fleeting wins from the decisions, Bloomberg reported the same judge previously said the case isn't a "slam dunk" for either party and that these sorts of decisions won't dictate how the outcomes of the case will play out.

Rogers addressed the two decisions separately an analysis of the case.

"Epic Games moves this Court to allow it to access Apple's platform for free while it makes money on each purchase made on the same platform," the court documents read. "While the Court anticipates experts will opine that Apple's 30 percent take is anti-competitive, the Court doubts that an expert would suggest a zero percent alternative. Not even Epic Games gives away its products for free."

On the topic of Unreal Engine and its availability in use with other apps, the judge found in its temporary order that should the engine be restricted in the App Store so that it couldn't be fully utilized by other creators, there stood the chance of "potential significant damage to both the Unreal Engine platform itself, and to the gaming industry generally, including on both third-party developers and gamers."


"Epic Games and Apple are at liberty to litigate against each other, but their dispute should not create havoc to bystanders," the court documents read. "Certainly, during the period of a temporary restraining order, the status quo in this regard should be maintained."

The legal battles already boiled over into Fortnite itself with the start of the FreeFortnite Cup where Epic takes numerous digs at Apple. A special skin is being released to commemorate the event.