Epic asks judge to reinstate Fortnite for iOS, again

Epic has recently filed for an injunction to have Fortnite reinstated to the App Store, and made available for iOS devices once more. According to Epic’s arguments, they are requesting that legal action be taken to force Apple to restore Fortnite to the App Store:

“... on the grounds that: (1) Epic is likely to succeed on the merits of its claims that Apple’s conduct violates the Sherman Act; (2) absent a preliminary injunction, Epic is likely to suffer irreparable harm; (3) the balance of harms tips sharply in Epic’s favor; and (4) the public interest supports an injunction.”

Epic has filed for a preliminary injunction to stop Apple from 'retaliation' and have Fortnite put back on the app store. "This was a clear warning to any other developer that would dare challenge Apple’s monopolies." https://t.co/o5EgBLwzJ7 pic.twitter.com/6zHnYqvhHZ

— Rod Breslau (@Slasher) September 5, 2020

Epic v. Apple - Where does Fortnite deserve to be?

The primary argument put forth by Epic in their attempt to have Fortnite restored is that they believe they have the better legal case. However, this argument may not be as sound as they are suggesting, as there is currently plenty of precedent in favor of Apple’s decisions.

Put simply, the United States has treated digital spaces and tech giants more leniently and with less control than they would over a physical retailer because nobody is certain about exactly how far American laws extend into the digital realm.

So this partly seems like an attempt for Epic to recoup part of their losses and reinforce their position prior to the case’s ultimate resolution. By claiming that they are “likely to win” they frame this case like a matter of simply filing paperwork and submitting it, rather than a legal fight that could go in either direction.

They also suggest that they are currently positioned to suffer greater harm than Apple, though there doesn’t seem to be any current legal precedent to suggest that refusal to work with a legal competitor is illegal, so that harm might be a moot point.

#EpicGames seeks to have #Fortnite relisted on #iTunes after filing an injunction against #Apple. https://t.co/HzHi3rcSmz

— Bleeding Cool (@bleedingcool) September 6, 2020

🎮Friday Epic Games filed for an injunction to have Fortnite back on the App Store and for access to its developer account #apple #epicgames #fortnite pic.twitter.com/wvlg1vbOpZ

— DigiSlice® (@DigiSliceX) September 5, 2020

Lastly, they end by stating that “the public interest supports an injunction” which seems to beg the question of what exactly is the public interest? Fortnite has already been credibly accused of taking advantage of children for financial gain, should that be considered the public interest?

It would be much more truthful to state that Epic’s personal interest, the interest in their bottom line, is why they would appreciate an injunction. Fortnite does not serve the public.