Apple denies violating U.S. court order in Epic Games lawsuit

Apple lawyers must be working around the clock!

Today for breakfast, I got the news that on Friday Apple denied violating a court order governing its App Store urging a California federal judge to reject a request by Fortnite developer Epic Games Inc., an American video game and software developer and publisher based in North Carolina, to hold it in contempt.

Last Wednesday, Epic Games accused Apple of violating an Injunction governing the App Store and asked a U.S. judge to hold Apple in contempt and end its “sham” compliance, according to Reuters.

The long fight between Apple and Epic Games goes back to 2020 when Epic Games accused Apple of violating antitrust law with its tight controls over how consumers download apps and pay for transactions within the App Store.

Epic Games complained that Apple requires Apple users to download apps through its App Store charging app developers up to 30 per cent commissions on in-app purchases.

In a filing (PDF) Apple Inc.’s Opposition to Epic Games, Inc.’s Motion to Enforce Injunction, Apple argued that Epic’s lawsuit was an attempt to make Apple’s “tools and technologies available to developers for free” and that Epic Games “is not seeking to enforce the extant Injunction; rather, its complaints about the new framework ask this Court to micromanage Apple’s business operations in a way that would increase Epic’s profitability.But the financial interest of one developer should not override the interests of other developers or users, nor the interest of Apple, in maintaining a safe, secure, and efficient ecosystem.”

The document goes on saying that Epic’s Motion is its latest attempt to gain access to the iOS platform and user base for free and that Epic does not even suggest an alternative amount that Apple should be allowed to charge developers for use of and access to its tools and technologies.

“Epic’s amici, which are all enormous developers, similarly seek to pad their own profits without concern for consumers or the integrity of the iOS ecosystem.”

The court already rejected those arguments on the merits, and the limited anti-setting Injunction neither addresses nor provides a vehicle to revisit that decision.

According to the Document, Apple wants developers on the App Store to thrive, it wants users to enjoy a safe and secure iOS experience, and it wants to continue to allow all participants to benefit from the unique ecosystem it has developed.

According to the litigation history, Apple claims to maintain the integrity of its iOS ecosystem by requiring developers that use Apple’s proprietary tools and technologies protected by intellectual property to abide by the terms of the Apple Developer Program License Agreement (DPLA) and the App Review Guidelines.

The judge made it clear that Apple was entitled to charge for the use of its intellectual property.

It was noted that the use of alternatives to the IAP “may reduce the quality of the experience” and “weaken the quality of the App Store to those that value this centralised system.”

The 37-page Document 915 was filed on 12 April in the U.S. District Court Northern District of California, Oakland Division with a hearing date for 30 April.

It seems like everybody is feeling the need to become Apple’s operations manager forgetting that the company has his own.

I find that this and the most recent U.S. lawsuit against Apple are geared toward breaking Apple’s core, the very reason why Apple is Apple and why users trust Apple. Apple fiercely defends what any of us would defend if we were attacked in the same way.

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About the author: Susan Fourtané is a Science and Technology Journalist, a professional writer with 18 years experience writing for global media and industry publications. She’s a member of the ABSW, WFSJ, Society of Authors, and London Press Club.