Epic judge permanently restrains Apple from blocking Unreal Engine, but won’t force Fortnite

Epic judge permanently restrains Apple from blocking Unreal Engine, but won’t force Fortnite
Apple won’t be forced to bring Fortnite back to the App Store
Fortnite won’t be coming back to the App Store any time soon. On Friday, Judge Yvonne Gonzales Rogers refused to grant Epic Games a preliminary injunction against Apple that would force the game developer to reinstate Fortnite on the App Store, while simultaneously granting an injunction that keeps Apple from retaliating against the Unreal Engine, which Epic also owns (PDF). In other words, we now have a permanent version of the temporary restraining order ruling from last month.
That means the state of affairs, in which Epic is banned from publishing new games on iOS and cannot distribute Fortnite on the App Store in its current form, will remain in place for the length of the trial — unless Epic decides to remove its own in-app payment mechanism that initiated the bitter legal feud in August. Rogers had previously suggested a jury trial might be appropriate as soon as next July, but ahead of today’s ruling, both parties said they would rather have the case decided by a judge.

Today’s decision still prevents Apple from revoking Epic’s developer tools in a way that could have harmed its broader business.

“Epic Games and Apple are at liberty to litigate this action for the future of the digital frontier, but their dispute should not create havoc to bystanders. Thus, the public interest weighs overwhelmingly in favor of Unreal Engine and the Epic Affiliates,” said the judge, keeping Epic’s Unreal Engine business from being harmed.
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