Apple Are Now Counter-Suing Epic Games, Accuses Them Of “Subterfuge”

This is getting even more bitter by the day.

Fortnite Season 4
Fortnite Season 4 Wolverine

In the latest development in the ongoing legal battle between Apple and Fortnite developer Epic Games, Apple have decided to counter-sue Epic. CNN have reported that in Apple’s counter-suit, they’re accusing the developer of commission theft and subterfuge, describing the hotfix that allowed Fortnite to bypass the App Store as a “Trojan Horse”.

In the court filings, which you can view via a PDF right here, Apple are arguing that Epic’s bypass of their App Store policies was the first step in a pre-meditated, multi-faceted campaign spread across ” creative, technical, business, and legal” fronts. Epic described their legal action as retaliation for Apple removing Fortnite from the App Store, but Apple are basically saying that the hotfix was actually the first shot, and Apple simply exercised their rights to terminate the Fortnite app following a breach of contract.

The legal process has already seen wins for both sides, as Epic have been unsuccessful in getting Fortnite added to the App Store while the courts deal with this situation. However, a judge did rule that Apple could not terminate developer access to Unreal Engine for App Store games, as that would be a detriment to other developers who aren’t involved. Truth be told, it’s hard to argue with Apple’s point that Epic pre-meditated their response and are framing it like “retaliation”, but maybe that’s just me.

Fortnite: Chapter 2 – Season 4 is free-to-play on PC via the Epic Games Store, PlayStation 4, Xbox One, Nintendo Switch, and Android.

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