Judge orders Apple to comply with 2021 anti-steering injunction or return to court
Epic Games' "Fortnite" is still not approved on the US App Store, and a federal judge has ordered Apple to explain in very short order why it's defying the antisteering court order in the ongoing dispute.
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In a new filing, Judge Yvonne Gonzalez Rogers called out Apple for not following an injunction issued earlier in the case. Epic claims Apple is dragging its feet in approving Fortnite on the US app store, and the judge seems to agree.
Epic's SEO, Tim Sweeney, posted a screenshot of the order on his personal X account on Monday.
-- Tim Sweeney (@TimSweeneyEpic)
The judge pointed out that Apple hasn't received permission from the Ninth Circuit Court of Appeal to delay compliance. Despite that, Apple still hasn't followed through.
If Apple and Epic don't resolve the issue quickly, the two companies will have to face off in person once again. Specifically, an Apple official will have to appear, in person, in court on May 27.
Apple has until May 21 to file a response explaining its side. If Apple files a response, Epic will have until May 23 to respond.
The saga began in 2020 when Epic violated the terms of its developer agreement, and directed users away from the App Store to buy Fortnite in-game currency. The following lawsuit found Epic guilty of violations, while also determining that Apple's anti-steering rules in the App Store were not entirely legal.
In 2021, the court issued an anti-steering injunction telling Apple it must allow app developers to link users to outside payment options. This was a major ruling in Epic's favor -- and notably the only one.
As such, it's not clear why Sweeney thinks he has a right to Fortnite being on the App Store. The court ruling that was handed down initially was only against California's anti-steering provisions, and Apple's removal of the game from the App Store was upheld at the time, given that the game maker was found to have profoundly violated the App Store developer's agreement.
And, Apple has vehemently fought against the injunction. The company has made it known -- many times -- that it disagrees with Judge Gonzalez Rogers' decision.
That injunction officially went into effect in January 2024 after Judge Gonzalez Rogers refused to entertain any further appeals from either side. Since then, Apple has added new rules that technically allow links but still make it difficult for developers to use them.
Epic argues that these new rules violate the spirit and the letter of the court's original order. Essentially, Apple is being accused of complying on paper, but not in practice.
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Comments
I make this cool widget that I would like to sell in your store. The cost is $0 and you cannot mark it up at all. I do make a hefty profit and all of my revenue with licensing fees so you get nothing in return for providing space on your shelves, warehousing, storage, marketing and advertising and providing a ready and willing customer. You must also provide tech support and testing services for free in every state and city to ensure compliance with local laws. Oh, and if you ever change your store layout, you have to give me the same support you give every other vendor in your store.
So tired of people portraying the App Store as some sort of favor Apple is doing for us. With out it, no one would buy an iPhone.
Quit making Apple the victim here.
I might remind you developers pay a fee to access the App Store so your question is completely uninformed and inaccurate.
Fortnite was banned for implementing its own in-app payment system — i.e., violating the developer agreement — and nothing in this judge's order addresses that in any way.