Apple has no rights to the fruits of its labor, says Epic Games in recent court filing

Hemani Sheth Mumbai | Updated on October 25, 2020 Published on October 25, 2020

Epic Games in a recent court filing has said that Apple has "has no rights to the fruits of Epic's labor."

Epic Games and Apple have been in a legal tussle since August. Apple and Google had removed Fortnite from their respective app stores after Epic snuck in an update that allows users to purchase in-game currency at a lower rate directly from its payments system bypassing the app stores’ payment system.

Epic had retaliated by filing a lawsuit against Apple highlighting its “anti-competitive” behaviour. It had further filed an injunction motion to get Fortnite back on the store and to prevent Apple from taking any action against its developer tools including the Unreal Engine platform.

Proceedings till date

District Judge Yvonne Gonzalez Rogers in a hearing on last month had upheld the ban on Fortnite from the iOS app store but direct Apple to not take any action against Unreal Engine.

Rogers in a hearing earlier this month had said that the case be taken to trial in front of a jury, suggesting a trial frame of summer 2021, the Verge reported.

Apple in its counterclaims had said that it was likely to seek damages from Epic due to its “unjust enrichment and tortious interference” with Apple’s relationship with its customers.

“Epic’s flagrant disregard for its contractual commitments and other misconduct has caused significant harm to Apple. Left unchecked, Epic’s conduct threatens the very existence of the iOS ecosystem and its tremendous value to consumers,” it had said as part of its counterclaims.

Epic in Friday’s filing counter argued stating that its actions “are a far cry from the tortious—even purportedly criminal—conduct that Apple’s Opposition depicts. Simply put, Epic did not “steal” anything that belonged to Apple.”

“Apple’s repeated assertions of theft boil down to the extraordinary assertion that Epic’s collection of payments by players of Epic’s game to enjoy the work of Epic’s artists, designers, and engineers is the taking of something that belongs to Apple,” Epic had said in its filing as quoted by the Verge.

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Published on October 25, 2020
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