Apple Files Countersuit Against Epic Games



In a move that should surprise absolutely no one, Apple has filed a countersuit against Epic Games. TechCrunch reported that Apple’s lawsuit alleges that Epic Games is in breach of contract. Apple is asking the court to award damages and prohibit Epic Games from attempting anything like this again.

This is the latest move in an ongoing battle between Epic Games and Apple. To make a long story short, this whole thing started when Epic Games created a direct payment option for its players. That decision could be interpreted as a way to get around Apple’s 30% payment that it collects from consumer payments made in Fortnite.

You can view an embedded copy of Apple’s countersuit on Scribd. Here is a small piece of it:

Epic’s lawsuit is nothing more than a basic disagreement over money. Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store. Epic’s demands for special treatment and cries of “retaliation” cannot be reconciled with its flagrant breach of contract and its own business practices, as it rakes in billions by taking commissions on game developers sales and charging consumers up to $99.99 for bundles of “V-Bucks”.

Apple is demanding a trial by jury “on all issues so triable”. Apple also has a list of things it wants the Court to do, including decreeing that Epic is liable for breach of its contractual obligations under the license agreement.

Apple also wants the Court to “enter a permanent injunction enjoining Epic, and all persons and entities in active concert or participation with Epic, from facilitating, assisting, or participating in (a) the continued operation of Epic’s unauthorized external payment mechanism in its apps, including Fortnite (b) the introduction of any further unauthorized external payment mechanism into any iOS apps, including Fortnite, and (c) the removal of IAP as an available payment mechanism for in-app purchases through any iOS apps, including Fortnite.”

If the Court decides to grant Apple that permanent injunction, I think it could have implications not only on Epic Games, but also on other gaming companies who have games on the App Store. To me, it sounds like a warning to other gaming companies about what Apple might do if they decide to make their own direct payment systems.


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