Apple won’t let Fortnite return to iOS until the Epic v. Apple will not be final

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According to a series of emails posted on Twitter Wednesday by Epic Games CEO Tim Sweeney, Fortnite will not be returning to the iOS App Store anytime soon.

Epics ‘iOS developer account was suspended due to the company’s intentional violations of the App Store guidelines in August 2020, which set the stage for the companies’ legal battle. But in the wake of the ruling earlier this month, the status of Epics’ iOS apps, particularly Fortnite, hasn’t been clear.

Apple lied, says Epic’s CEO

Emails posted on Wednesday indicate that various Epic Games apps are unlikely to return to the App Store for the foreseeable future. A letter published by Sweeney dated September 21 and sent by lawyers representing Apple informs the company that Apple will not restore the Epics developer account until the appeals have been resolved, a process that could take years.

Apple has exercised its discretion not to restore Epics’ developer program account at this time, the email read. Additionally, Apple will not consider further reinstatement requests until the district courts’ ruling becomes final and unappealable.

The message accurately notes that Judge Yvonne Gonzalez Rogers, the judge in Epic v. Apple concluded that Apple has the right to close any Epic-related accounts it wishes from the App Store. Epic has already paid the financial damages for violating its contract.

Without a working developer account, Epic cannot release Fortnite again

The path of appeal for Epic v. Apple is still on the move. Epic has announced plans to appeal the lost parts of the ruling, although the superior court has not yet agreed to look into the case. Apple said it is still evaluating its options for legal recourse. Apple CEO Tim Cook, however, told employees after the ruling that he was looking forward to moving forward after the ruling.

Writing on Twitter, Sweeney framed Apple’s rejection as a betrayal of its previous commitment to restore Epic Games once the company has agreed to follow the App Store guidelines.

Apple lied, Sweeney wrote. Apple spent a year telling the world, the court and the press that they would welcome Epics back to the App Store if they agreed to play by the same rules as everyone else. Epic agreed, and now Apple has denied another abuse of its monopoly power over a billion users.

Apple did not immediately respond to a request for comment.

The decision seems to scuttle Epics’ attempt to return Fortnite to the iOS App Store in South Korea, which recently passed rules requiring support for alternative payment methods. It also leaves the future of Fortnite elsewhere in question. Epic had recently updated old copies of Fortnite on iOS remotely to remove V-Bucks purchase options, theoretically bringing it back into compliance with Apple’s rules. But without a working developer account, Epic cannot re-release the game in any country.

However, the decision to post the emails publicly shows that Sweeney is eager to keep the pressure on Apple, even if it means keeping Fortnite away from iPhones. Well, keep fighting, Sweeney said on Twitter. The need for regulatory and legislative action is clearer than ever.

Late last night, Apple informed Epic that Fortnite will be blacklisted in the Apple ecosystem until all court appeals, which could last up to 5 years, are exhausted. pic.twitter.com/QCD7wogJef

Tim Sweeney (@TimSweeneyEpic) September 22, 2021

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