The creator of "Fortnite", Epic Games, is attempting to convince a judge to bring the popular game back to Apple Inc. devices, this time revealing that about a third of players access it via the tech giant's App Store.
Epic's new request to Apple
Epic Games Inc. filed a preliminary injunction against Apple a few days ago (Apple shares, + 0,06%), reiterating the arguments advanced in last month's federal lawsuit when it accused the tech giant of monopoly behavior after choosing to withdraw “Fortnite” from the App Store.
Epic Games also sued Google (GOOG, -3,09%; GOOGL, -2,96%) for removing the game from the Google Play Store on the same day. Apple and Google effectively took the game out of their respective stores after Epic introduced an in-game payment system that would have bypassed the 30% fee that some developers are required to pay companies for in-app purchases.
Recently, Epic revealed that over 116 million registered “Fortnite” players have so far accessed the game via a device running Apple's iOS operating system, making it the most popular platform for gaming.
Of these players, Epic said 63% play "Fortnite" just this way. There are 350 million registered players overall, according to Epic.
The game manufacturer's new request comes just days before a hearing scheduled for Sept. 28 related to the previous complaint, which seeks to end what is described as anti-competitive behavior for the way Apple runs its App Store.
According to Epic, Apple has irreparably damaged its business
The dispute is the latest battle between companies and app-marketplace operators. Companies like Facebook Inc., Microsoft Corp., and Spotify Technology SA have been critical of Apple and the commission that sets software developer fees.
Although "Fortnite" can be played on mobile devices, game consoles and computers, Epic said Apple's decisions have irreparably damaged its business.
Apple and Google have defended their business practices, stating that the fees are necessary due to the services provided by the stores, including the security and safeguarding of user privacy.
Apple also said its 30% fee is the same as most other app marketplaces. A California federal judge ruled on Aug.24 that Epic may retain access to Apple's software development tools needed to update its Unreal Engine, but that "Fortnite" will remain out of the App Store.
"The continued absence of 'Fortnite' as a gathering place for users on all platforms will lead Epic's customers to desert," Epic said in the latest appeal to the court.
Epic's battle against Apple comes as the Justice Department is investigating Apple over antitrust laws relating to its App Store. Despite this, some legal experts agree that Epic is facing an uphill battle.
