Epic Games has formally requested District Judge Yvonne Gonzalez Rogers to mandate Apple to review and approve its submission of Fortnite to the US App Store. In a recent court filing, Epic argues that Apple is once again in contempt of the judge's April order, which restricts the company from rejecting apps based on their use of external payment links.
In a letter shared by Epic late Friday, Apple stated that it would refrain from taking any action on the Fortnite app submission until after the Ninth Circuit Court rules on its pending request for a partial stay of the new injunction. Epic contends that this delay is a direct retaliation against its ongoing legal battle with Apple, emphasizing that Apple had "expressly and repeatedly" assured both Epic and the court that it would approve Fortnite, provided the app adhered to Apple’s established guidelines. Epic maintains that its current submission meets these criteria.
Following Judge Gonzalez Rogers' decision in April, Epic announced that Fortnite would be returning to the US App Store. However, the company has submitted the game twice since then, with the most recent submission incorporating content from an update to the EU version of the game. Instead of approving Fortnite in the US, the game mysteriously vanished from the EU App Store. Epic asserts that this disappearance is a direct consequence of Apple blocking its US submission.
Apple, on the other hand, claimed that it merely requested Epic to resubmit the app without the US storefront to avoid impacting Fortnite's availability in other regions. In a public statement regarding its new filing, Epic argued that this requirement would necessitate multiple versions of the app, which it insists contradicts Apple's guidelines.
Epic is now urging the court to enforce its previous injunction, hold Apple in contempt once more, and require the tech giant to “accept any compliant Epic app, including Fortnite, for distribution on the US storefront of the App Store.” However, it is crucial to note that throughout this legal process, Judge Gonzalez Rogers has not mandated Fortnite's return to the store. In her 2021 ruling, she determined that Epic had knowingly breached its developer agreement with Apple.
According to 9to5Mac, the judge would likely need to concur that Apple is again in contempt of court, similar to her ruling on April 30th. What may work in Epic's favor this time is the evident frustration expressed by the judge regarding Apple's actions in the text of that ruling. As of now, Apple has not responded to The Verge’s request for comment on this ongoing situation.
