Epic Games has started a war against Apple and the App Store. The company that owns Fortnite wants avoid having to pay the 30% commission that Apple takes for sales made from its app store, and its strategy has led Apple to remove its popular game from the iPhone and iPad store.

These types of lawsuits take time to resolve, and during all this time Epic is losing millions of euros from iOS users. And it seems that it will go a long way, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California does not expect the trial to be resolved before July 2021, following statements at a preliminary hearing.

This means that Fortnite would be out of the App Store for almost a year, although Epic has asked the judge for a preliminary order for Fortnite to return to the App Store. But things are not looking good for them, since the judge has also ruled on the tactics of Epic Games, assuring that “they were not honest”.

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It doesn’t look like Epic Games is going to emerge victorious

Let’s remember that it was Epic Games the one that sued Apple after the apple company removed Fortnite from the App Store for breach of the rules of the store. Fortnine had introduced its own payment system, bypassing the Apple gateway.

Judge Rogers accused Epic of knowing exactly what they were doing when they released the Fortnite update and the public campaign against Apple, claiming that “That’s not honest”, even under the circumstances wielded by Epic Games.

Epic’s attorney responded that the company was aware that this update violated the terms of the App Store, but they did it because they believe that Apple has anti-competitive rules.

The judge herself then referred to other platforms that have their own stores, such as Nintendo, Sony and Microsoft. They are examples of companies that have their own gaming platforms with a payment system similar to Apple’s, even with the same commissions.

The Apple’s 30 percent rate is the “industry rate.” They have the stores of PlayStation, Xbox, Nintendo, Amazon, Google and many other companies. “All the rates are 30 percent and they just want to ignore them ».

In response, Epic claimed that the consoles are “different” because the hardware is selling at a loss. Although that statement did not seem to convince the judge, “There doesn’t seem to be any evidence to back up what he’s saying”, He said.

‘Walled gardens have been around for decades. Nintendo has a fenced garden. Sony has a fenced garden. Microsoft has a fenced garden. What Apple is doing is not much different… It’s hard to ignore the economics of the industry, which is what it is asking me to do.

Judge Yvonne Gonzalez Rogers believes that Epic Games’ reactions have been a bit over the top, and it appears that it will not grant Epic the preliminary injunction to allow Fortnite to return to the App Store, at least for now.

Know more: Apple Strikes Back: Requests Compensation From Epic Games For Breach Of Contract

Rogers also recommended to Apple and ‌Epic Games‌ that they consider a jury trial, which would ensure that the final judgment can better withstand a future appeal. In any case, there is a long way to go since we will not have a trial until mid-2021.

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