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Apple takes the Fortnite case to the Supreme Court, Epic Games CEO responds

Apple has taken the fight against Fortnite and Epic Games to the Supreme Court and hopes to undo a judge order

Updated: Jul 6, 2023 1:42 pm
Apple takes the Fortnite case to the Supreme Court, Epic Games CEO responds

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The Epic Games v. Apple lawsuit was concluded in September 2021. The Fortnite creator lost the lawsuit and had to pay Apple $3.6 million but there is more than meets the eye. While the tech giant was not ruled a monopoly, Judge Yvonne Gonzalez Rogers ordered it to allow developers other payment options.

Considering that the Cupertino-based company takes a 30% cut from every transaction, this isn’t ideal. Due to this, Apple has decided to take the case to the Supreme Court, hoping to undo the judge’s order.

Tim Sweeney, Epic Games founder and CEO, took another shot at the tech giant after this news broke.

Fortnite still can’t be used on App Store, but Apple may have bigger problems

Epic Games may have lost the war against Apple, but the judge’s order to allow other payment options is a small victory. This order does not directly benefit Epic, since Fortnite is not allowed to be on the App Store, but it does benefit other developers.

However, Apple is hoping that the Supreme Court will undo the order. The company’s attorneys said that the 9th Circuit reached too far by issuing a nationwide order against the company. While Apple’s practices violate the California Unfair Competition Law, the tech giant believes that the order was too broad.

Tim Sweeney took another shot at Apple on Twitter.

Remarkably, Apple’s brief takes the position that even if their activities are illegal under California’s Unfair Competition Law, they should be free to enforce the illegal policy against all other developers besides Epic, forcing each dev to fight them in court separately!

Tim Sweeney, Epic Games founder and CEO

If the Supreme Court undoes the order, this will negatively impact many mobile app developers. Apple’s 30% cut is the difference-maker, especially for small developers.

In the meantime, it’s very unlikely that Fortnite will return to the App Store anytime soon. Fortunately, iPhone and iPad users can play the popular video game through cloud-gaming services such as GeForce Now and Xbox Cloud Gaming.


Asmir is a gaming and NBA writer at WePC and has over a decade's experience. In his spare time, Asmir loves playing Fortnite and Overwatch, while basketball is also one of his hobbies.

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