As we write this, both Apple and Epic Games are preparing for a hearing on a preliminary injunction which will decide whether Fortnite is going to come back on the App Store or not. While it happens, Apple has filed a countersuit against Epic Games and is requesting damages for the breach of contract.
Apple Has Decided to Come After Epic Games and is Asking for Damages to be Paid in the Light of Contract Breaching
Apple has decided to file a countersuit today, and Apple is staying how Epic Games' lawsuit is "nothing more than a basic disagreement over money," This is is what Apple had to say,
Although Epic portrays itself as a modern corporate Robin Hood, in reality it is a multi-billion dollar enterprise that simply wants to pay nothing for the tremendous value it derives from the App Store. Epic's demands for special treatment and cries of "retaliation" cannot be reconciled with its flagrant breach of contract and its own business practices, as it rakes in billions by taking commissions on game developers' sales and charging consumers up to $99.99 for bundles of "V-Bucks."
For years, Epic took advantage of everything the App Store had to offer. It availed itself of the tools, technology, software, marketing opportunities, and customer reach that Apple provided so that it could bring games like Infinity Blade and Fortnite to Apple customers all over the world. It enjoyed the tremendous resources that Apple pours into its App Store to constantly innovate and create new opportunities for developers and experiences for customers, as well as to review and approve every app, keeping the App Store safe and secure for customers and developers alike.
Apple has also gone on the record and talked about how Epic Games has used over 400 Apple API's as well as frameworks, 5 separate version of Apple SDKs, along with having their apps reviewed over 200 times, and pushed over 140 updates to Apple customers. Apple also goes on and talks about how it Apple has provided advertising each time Epic Games released a new season for Fortnite, and has offered "free promotion and favorable tweets" to over 500 million end-users.
Apple continues to talk and accuses Epic Games of "willful, brazen, and unlawful conduct", and states that this behaviour cannot go unchecked.
Neither Mr. Sweeney's self-righteous (and self-interested) demands nor the scale of Epic's business can justify Epic's deliberate contractual breaches, its tortious conduct, or its unfair business practices. This court should hold Epic to its contractual promises, award Apple compensatory and punitive damages, and enjoin Epic from engaging in further unfair business practices.
There is no denying that the situation had gone out of hand and the fault lies with Epic Games for not following the guidelines. The preliminary injunction hearing is set to take place on Monday, September 28th, and we will be updating you on what the court says.