Fortnite to Remain Blacklisted from iOS Until all Appeals in Apple vs. Epic are Exhausted

Earlier this month, a ruling was handed down in the Apple vs. Epic Games case, with good and bad news for both parties. The Fortnite publisher did score at least one major victory, as the judge ruled Apple must let App Store devs link to alternative payment methods. That said, Apple won 9 of the 10 rulings in the case, with the judge rejecting the key notion that Apple is running a monopoly and forcing Epic to pay damages. Epic has since appealed the decision.

It also seems that any notion that Apple might want to smooth over tensions and allow Fortnite back on the App Store is right out the window. According to tweets from Epic CEO Tim Sweeney, Apple has indicated they’ll continue to blacklist Fortnite from the App Store until all appeals in the lawsuit are exhausted, which could take years. Check out Sweeney’s full Twitter spiel, below.

Apple lied. Apple spent a year telling the world, the court, and the press they’d "welcome Epic’s return to the App Store if they agree to play by the same rules as everyone else". Epic agreed, and now Apple has reneged in another abuse of its monopoly power over a billion users.

— Tim Sweeney (@TimSweeneyEpic) September 22, 2021

Late last night, Apple informed Epic that Fortnite will be blacklisted from the Apple ecosystem until the exhaustion of all court appeals, which could be as long as a 5-year process. pic.twitter.com/QCD7wogJef

— Tim Sweeney (@TimSweeneyEpic) September 22, 2021

This is another extraordinary anticompetitive move by Apple, demonstrating their power to reshape markets and choose winners and losers.

— Tim Sweeney (@TimSweeneyEpic) September 22, 2021

It’s also a loss for fair competition and consumer choice. The loss of Fortnite as an iOS metaverse competitor alongside Roblox and PUBG Mobile has significant implications for the evolution of the new medium of our era.

— Tim Sweeney (@TimSweeneyEpic) September 22, 2021

Why did Apple break its promise to allow Fortnite back under its rules? Apple cites three reasons: 1) they won, 2) Epic "statements since the court’s decision", and 3) the way we launched direct payments in 2020.

— Tim Sweeney (@TimSweeneyEpic) September 22, 2021

Apple always claimed they expected to win, and Apple has known about Epic’s payment system since 2020. The only change since September 10, when Apple last offered to welcome Fortnite back, is that Epic appealed the decision and made "statements".

— Tim Sweeney (@TimSweeneyEpic) September 22, 2021

As usual, Sweeney states things in the most inflammatory way possible – while I think some of the things Epic are fighting for are noble, I don’t think Tim ought to be surprised at all that Apple isn’t accepting Fortnite back with open arms. The opening up of alternative payment methods is a potentially major blow to Apple’s App Store revenue, so it’s understandable they’re a bit salty.

We’ll see how this develops, but if you want to play Fortnite on the bus an Android device or Nintendo Switch will probably remain your only options for the foreseeable future.

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