UPDATE: Protection granted to Unreal Engine but not Fortnite following altercation with Apple


26 Aug 2020


This is an update to a recent article that we published, which may be accessed here.

Apple has been granted permission to refrain from immediately reinstating Fortnite to its App Store. However, U.S. District Judge Yvonne Gonzalez Rogers decided to grant Epic’s request, rendering Apple unable to terminate game developers accounts which use Unreal Engine. In a statement Judge Rogers held that Apple has acted “severely, hurting third-party developers” who choose to utilize Epic’s technology. This decision was taken following a letter sent by Apple to Epic. This letter stated that if Epic refused to comply with the App Store rules, hence removing the direct payment options from Fortnite, all of Epic's developer accounts and access to Apple development tools would have be terminated this coming Friday, August 28. Such removal would have resulted in Unreal Engine not being supported on iOS.

This ruling comes to play as Apple faces serious backlash from numerous app developers who are claiming that the App Store fee of 30% is unjust. Judge Rogers further insisted that this ruling, which renders neither side completely victorious, does in no way dictate the final outcome of the pending litigation. Judge Rogers has set a September 28 hearing on Epic’s request for a preliminary injunction.

In this regard, we will be providing updates on the progression of this case. Should you require any further information to the above or assistance about gaming-related matters, do not hesitate to contact us on gaming@whpartners.eu

The information provided above is accurate as of the 26th August 2020.