Just before midnight on the Friday before Labor Day weekend – we’re curious about the schedule – Epic Games pushed the button for its next legal action against Apple’s ban on the hugely popular Fortnite.
There was no doubt that Epic would file a preliminary injunction against Apple in an attempt to force the iPhone maker to bring Fortnite back to the App Store – the auditions were already scheduled for September 28. But now, you can read the full argument of the company (here is a PDF; is also incorporated below) and decide if you believe Judge Yvonne Gonzalez Rogers is likely to be influenced.
You may remember that it was Judge Rogers already reluctant to issue a temporary restraining order against Apple to protect Epic games, in part because Epic had not proven to be at fault, and in part because the judge considered Epic to have “strategically chosen to breach its agreements with Apple” and so at least in part.
But in the new filing, Epic claims to have been hit hardest by its reputation: “Active iOS users have dropped by more than 60% since Fortnite was removed from the App Store,” Epic claims. (It was counted until September 2, in case you are curious; from that moment Fortnite had effectively are divided into two different games.)
Epic says iOS is the biggest platform for Fortnitealso: 116 million registered users, or almost a third of the 350 million registered users, says Epic Fortnite has attracted overall. He also claims that 63% of Fortnite iOS users have access to Fortnite iOS only and that it is the only way for many people to play the game.
Epic says it is concerned that “it will never see these users again” (referring to the 60% drop). whatever it is Fortnite the player community has split. and that some of the nonFortnite customers also have a parallel loss. As we mentioned last week, some of the other Epic games are no longer available for re-download and Epic says it is Shadow Complex Remastered has also been removed from the Mac App Store following the removal of the Epic developer account by Apple.
Epic also claims that Apple is threatening to deny any attempt to apply for a new developer account “for at least a year”, citing an announcement by Apple itself, and claims that the damage it will suffer by “denial of access” even a new user among iOS users a billion plus for at least next year ‘is bad it’s worth creating a preamble for.
There is much more to read in the full document. The first move runs 38 pages, not to mention the add-ons that Epic encountered.
Apple did not immediately respond to a request for comment, but we did not expect it at this time.
We will see what happens on September 28.