Epic v Apple: “Epic Started a Fire and Poured Gasoline on it”

Generic image of lawsuit

In response to Epic Games motion to force Fortnite back on the App Store, Apple filed an opposition brief and says “Epic started a fire, and poured gasoline on it.”

Apple Opposition Brief

In the 37-page brief [PDF] Apple maintains its argument that Epic only has to remove its violating in-app payment system for Fortnite to return to the App Store. Further, Apple goes so far as to suggest that Epic started this battle as a publicity stunt to bring more attention to Fortnite because of decreased popularity:

For reasons having nothing to do with Epic’s claims against Apple, Fortnite’s popularity is on the wane. By July 2020, interest in Fortnite had decreased by nearly 70% as compared to October 2019. This lawsuit (and the front-page headlines it has generated) appears to be part of a marketing campaign designed to reinvigorate interest in Fortnite.

Apple also says that iOS isn’t even a big market for Fortnite:

Since then, the game has continued to grow in popularity, although the iPhone has never been essential to its success. Epic has disclosed that only 10% of Fortnite consumers play regularly on the iPhone. “Epic has repeatedly told [Apple] that … Apple is the ‘smallest piece of the pie’” when it comes to revenue.

With respect to revenues, all competing platforms besides Google’s Android have a higher Average Revenue Per Daily Active User than does the iPhone, with some platforms—like Xbox and PlayStation—a full 70% or 40% higher than the iPhone, respectively.

A full court hearing is scheduled for September 28 to decide on Epic’s filing for a preliminary injunction.

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